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TMB Pulls Proposed Rule on Surprise Bills - 12/09/2019

The Texas Medical Board has withdrawn its proposed rules to implement pieces of the state’s new law introducing baseball-style arbitration on many out-of-network medical bills. At its meeting Friday, the board pulled down its rule proposal, saying in a statement that it “would not cover all providers under the statute.”


Know Your ADA Obligations - 12/04/2019

If someone asked you about your training on federal requirements for accommodating patients with disabilities, would your answer sound something like this? “Oh golly. I have no idea. I’m sure I had to read or study something sometime. I’ve been doing this a long time. I’ve been a doctor for quite a while, so I suspect I had to learn it somewhere, but I don’t remember where.” That’s an actual answer from one internal medicine physician in a recent study of doctors’ knowledge of their legal obligations under the Americans with Disabilities Act (ADA). And if the results of that small study are any indication, many physicians might be lacking in their knowledge on the subject.  


Finally Settled: Hospitals Settle Physician's Anti-Competition Lawsuit - 12/04/2019

A Laredo oncologist confidentially settled a years-long lawsuit involving a pair of hospitals he alleged mischaracterized a past legal misfortune to terminate his privileges and eliminate his clinic from competing with the facilities.


TMA to Trump: Do Not Expand NPPs’ Scope of Practice - 10/29/2019

When President Donald Trump released an executive order earlier this month that would, in part, expand the scope of practice of nonphysician practitioners, the Texas Medical Association vowed to keep physicians at the head of the health care team. On Monday, TMA President David Fleeger, MD, took a major step to do that, urging President Trump and Health and Human Services (HHS) Secretary Alex Azar to remove that language entirely.


Doctors Can Prohibit Handguns in Medical Offices - 10/24/2019

If you're not exactly jazzed about the thought of patients carrying handguns into your medical practice next year, you can do something to prevent it. House Bill 910 by Rep. Larry Phillips (R-Sherman) goes into effect Jan. 1, 2016, and it allows Texans with handgun licenses to openly carry their handguns in a hip or shoulder holster. TMA has received questions regarding whether physicians can post a notice at their practices prohibiting anyone from entering with a handgun – concealed or openly. The answer depends on the type of property the medical office is located on. Generally, a private property owner may post notice prohibiting the carrying of handguns   , but HB 910 contains many requirements. TMA's white paper, titled [insert title and link], has more information for physicians.


TMA Says “No” to Federal Scope Expansion Under President’s Medicare Executive Order - 10/09/2019

At least one piece of President Donald Trump’s recent executive order on Medicare will meet strong opposition from the Texas Medical Association. “Know this: TMA will stand up for our profession and our patients to prevent this totally unwarranted scope-of-practice expansion from becoming reality,” said TMA President David C. Fleeger, MD.


Warning: Watch Your Referrals - 10/01/2019

Federal anti-kickback law has changed, and it’s gotten broader. As a result, you may need to re-examine your practice’s compensation arrangements. That includes payments for laboratory referrals.  


The Doctor - and Lawyer - Will See You Now: Medical-Legal Partnerships - 09/27/2019

Elderly woman. Low-income. Chronic pain. Needs to see a rheumatologist. Needs physical therapy. Struggling to pay rent. Has no insurance. Has no disability coverage. As a family physician at a federally qualified health center (FQHC) in Austin, Sharad Kohli, MD, sees a lot of cases like this. In similar health care settings, the patient might face two bad choices: wage bureaucratic war to obtain better health care benefits or simply give up. At People’s Community Clinic, Dr. Kohli referred her to an in-house lawyer who successfully appealed her denial of disability insurance. “[The lawyer] got her a significant income, which allowed her to pay her rent and also helped her get insurance through Medicaid and Medicare,” Dr. Kohli said. “And then she was able to see the rheumatologist and the physical therapist.” This kind of success helps explain why medical-legal partnerships (MLPs) like the one at People’s Community Clinic came about in 1993 and began expanding nationally after 2001. Te...


No Docs of All Trades: Ruling Reinforces Expert Witness Reforms - 09/26/2019

Before Texas’ landmark liability reforms passed in 2003, gray areas in the law often led to serious green for people who sued physicians.


TMB Transitions to Electronic Licenses in September - 09/18/2019

Beginning Sept. 1, the Texas Medical Board (TMB) will no longer issue paper licenses for physicians or physician assistants. Instead, new and renewed licenses will be available via the My TMB online portal.


CRNAs Can’t Administer Anesthesia Unless Physician Delegates It, AG Rules - 09/12/2019

The state attorney general has agreed with the Texas Medical Association in an official opinion that keeps certified registered nurse anesthetists (CRNAs) from administering anesthesia without physician delegation.


Fighting Back: Practice Wins Court Battle Over Defamatory Online Reviews - 09/03/2019

One practice’s recent legal battle epitomizes physicians’ worst nightmares when it comes to online reviews. Here’s an extreme but glaring real world example, straight from the documents in a lawsuit that Austin Eye first filed in October 2017 over


Court Rejects Hospital Challenge to Defamation Lawsuit - Again - 08/21/2019

Once again, Houston cardiothoracic surgeon Miguel Gomez, MD, has won in court in his battle to collect more than $6 million from Memorial Hermann Health System in a defamation lawsuit.


Respecting the Roles: TMA Battles Another Round of Scope of Practice Bills - 08/02/2019

When nonmedical professionals ask the Texas Legislature for the authority to practice medicine, TMA mounts a full-court press, letting lawmakers know why there are some roles only physicians can fill.


Medical Futility Law Sustained - 08/02/2019

Court tosses out challenge to ethics committee review of end-of-life care.


Final Verdict? Case Tests Court's Ability to Overturn a Jury Verdict - 08/02/2019

It was an overwhelming, 12-0 verdict – a jury’s unanimous rejection of a negligence case against a Laredo physician. Then, a judge took that decision away and ordered a new trial – not because of jury misconduct, or any procedural stumble that usually negates a court decision. It was taken away, essentially, because the judge said so.


The Meaning of Monthly: Court Ruling Offers Hope on Pain Clinic Registrations - 08/02/2019

Physicians can encounter a web of confusion and unfairness when it comes to navigating the Texas Medical Board (TMB). A Travis County district court has given Texas physicians clarity and hope when it comes to certain medical board investigations. The court’s decision, if it holds up, establishes an important precedent for when physicians are required to register their facility as a pain management clinic.


Setting the Record Straight: Supreme Court Curtails TMB for Over-Sanctioning Physician - 08/02/2019

Eight years ago, when he experienced a rare patient death, McAllen family physician Ruben Aleman, MD, signed the death certificate the way Texas physicians had been doing it for years, and the only way he knew how: using pen and paper. That resulted in the Texas Medical Board (TMB) not only coming after him, but accusing him of “unprofessional or dishonorable conduct that is likely to deceive or defraud the public” – words found in the state Medical Practice Act. The Texas Supreme Court recently decided that was an overreach for a physician who simply hadn’t signed up on the state’s electronic death registration system, which at the time was relatively new.


TMB: Back on Track - 08/02/2019

Two years ago during the 2017 regular session, the Texas Legislature put the practice of medicine in the state in serious danger, failing to renew the Texas Medical Board (TMB) and the state’s Medical Practice Act. In 2019 House Bill 1504 by Rep. Chris Paddie (R-Marshall) put TMB back on the standard 12-year sunset cycle, renewing the board through 2031.


Scope of Practice: Shot Down - 08/02/2019

When it comes to shooting down dangerous attempts to expand non-medical practitioners’ scope of practice, TMA’s advocacy army once again proved to be expert marksmen in 2019. Medicine trained its scope on bills that would have allowed nurse practitioners, chiropractors, and optometrists, among others, to wade into the practice of medicine.


Court Sides With TMA in Final Ruling on Chiropractic Scope of Practice Lawsuit - 06/26/2019

We won! In a final judgment by Travis County District Court Judge Rhonda Hurley, TMA prevailed in its long-held declaration that the Texas Board of Chiropractic Examiners' (TBCE's) rules permitting chiropractors to make medical diagnoses and perform other medical procedures exceed the chiropractic scope of practice.  


TMA Opposes Dental Board's Sleep Apnea Treatment Rules - 06/26/2019

TMA is fighting the Texas State Board of Dental Examiners' (TSBDE's) proposed rule changes for dental treatment of obstructive sleep apnea. The association told TSBDE in a letter TMA "strongly opposes any attempt to expand the dentists' scope of practice through the promulgation of rules that TMA contends not only lack support in, but also conflict with, the applicable law passed by the Texas Legislature. Unfortunately, this opposition extends to the rules adopted to be effective on June 11, 2014, and the new March 18, 2016, rule proposal."


Victory! Marriage and Family Therapists Can't Diagnose - 06/26/2019

In a scope-of-practice victory for medicine, the Supreme Court of Texas upheld the Third Court of Appeals' decision that the Texas State Board of Examiners of Marriage and Family Therapists' (MFT's) diagnostic assessment rule exceeds the scope of marriage and family therapy.


Houston Judge Changes Course, Says DOs Can File Commitment Papers - 06/26/2019

Physicians across Texas are breathing a sigh of relief — at least for now — thanks to Harris County Probate Judge Rory Olsen's decision to allow doctors of osteopathy (DOs) to file Certificates of Medical Examinations needed for mental health commitments. TMA and a host of other physician organizations have been fighting the judge's initial ruling, which prohibited DOs from signing the commitment papers.


Legislative Top 10: What It Took To Renew the TMB for 12 Years - 06/17/2019

Today’s TMA’s Legislative News Hotline video looks at lawmakers’ quest to pass legislation to renew the Texas Medical Board for another 12 years. The Texas Legislature passed the sunset bill this session, House Bill 1504, after the 2017 legislature couldn’t get it done. It awaits Gov. Greg Abbott’s signature.