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Huge leap for PAs in Texas


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Where can i find a PA to DNP bridge Part time Online program at??????

 

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Edit: I just looked at the curriculum of a local DNP prog and......really.....thats it? My post grad MSPAS program has more clinical components....

 

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Got an email from TAPA on the bill:

 

 

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[TD][h=3]HB 2098[/h][/TD]

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[TD]The passage of HB 2098 in the last legislative session was an important change in Texas Law. There has been some confusion and ongoing questions about this new law. TAPA would like to share some important information and answer some frequently asked questions. TAPA worked hard on HB 2098 to achieve the best possible outcome during the 82nd legislative session. TAPA continuously strives to promote the most favorable practice environment for PAs in Texas and will continue to advocate for the PA Profession.

[h=3]HB 2098 – Texas PAs Earn Right to Own a Medical Practice[/h]The Texas Academy of Physician Assistants proudly announces that for the first time under Texas law, PAs may now jointly own a medical practice. With the passage of HB 2098, state law now allows PAs to jointly own up to 49% of amedical practice with physicians. Prior to passage of HB 2098 state law only allowed physicians and certain hospitals/hospital districts to solely own a medical practice, and under certain circumstances, allowed optometrists and podiatrists to join a medical practice with physicians.

TAPA advocated for passage of HB 2098 because it (1) allows for the first time under Texas law PA ownership of a medical practice with physicians, (2) elevates PAs in the health care system, and (3) positions Physician – PA owned medical practices to be a the best answer in addressing our state’s health care workforce shortage.

[h=3]Frequently Asked Questions[/h]1. Did Texas law allow PAs to own medical practices prior to HB 2098?

No.

2. Does HB 2098 provide a clear path to PA joint ownership of a medical practice in Texas?

Yes. Texas becomes the 24th state in the nation to legally provide PAs a path to ownership of a medical practice.

3. Is HB 2098 constitutional?

Yes, HB 2098 is constitutional. Prior to HB 2098, only physicians, optometrists, podiatrists and certain hospitals were allowed by Texas law to own in whole or in part a medical practice in Texas. HB 2098 gives PAs for the first time, the legal authority to own part of a medical practice with physicians. It is important to realize that in other professions Texas law limits ownership. For example, only licensed lawyers may own a law firm in Texas.

4. Why did TAPA support HB 2098?

Prior to the 2011 legislative session, the Texas PA Board and the Texas Medical Board at the request of a Texas PA Board member began investigating PA-run clinics. They began considering rules to restrict/terminate medical practices not owned by physicians and the other providers specifically allowed by state law to own medical practices. TAPA successfully terminated the investigation by the TPAB and the TMB, and successfully moved HB 2098 through the legislative process.

5. Does HB 2098 and the subsequent rules adopted by the Texas Medical Board “grandfather” the PA-run clinics in Texas which existed prior to HB 2098 and prior to PAs being able to legally own a medical practice?

Yes. Despite strong opposition and repeated attacks TAPA successfully lobbied to ensure that those PA-run clinics were allowed to continue to operate as is –grandfathered – under their current situation.

6. Does HB 2098 interfere or change the ownership or operating rules under Rural Health Centers (RHC) or Federally Qualified Health Centers (FQHC)?

No. Under federal law, PAs may own and operate RHCs, and may be the medical director of FQHCs. Generally, state law may not supersede federal law.

7. Why did HB 2098 limit a PA’s joint ownership to 49% of the medical practice?

Under Texas law, a PA is the agent of their supervising physician. Under agency law, the agent (PA) may not control the principal (physician), which is the reason for the limitations in HB 2098.

8. Are PAs “agents” of their supervising physicians?

Yes, PAs are agents of physicians. In law, the agent is an extension of the principal, authorized to act for the principal. In 2001, the Texas Physician Assistant Practice Act was amended by SB 1264 to name PAs as “agents” of the physicians. Specifically, the Texas Occupations Code Sec. 204.202 pertaining to PAs scope of practice was amended to include:

(e) A physician assistant is the agent of the physician assistant’s supervising

physician for any medical services that are delegated by that physician and that:

(1) are within the physician assistant’s scope of practice; and

(2) are delineated by protocols, practice guidelines, or practice directives

established by the supervising physician.

Under agency law, the authority runs from the principal to the agent. Accordingly, agents may not control the principals. In other words, PAs may not control the physicians.

9. Is the agency law the reason for PAs not being allowed to hire their supervising or delegating physician or to serve as an officer in a jointly owned medical practice?

Yes, the agency law existed prior to HB 2098. The agent may not control the principal.

10. Does the agency law apply to APNs?

No, when PAs sought the agency law amendment in 2001, the APNs were not included.

11. Did the APNs seek inclusion in HB 2098 to allow APNs to jointly own medical practices?

Yes. The APNs contacted the bill author and the TAPA lobbyist requesting inclusion into HB 2098 to allow APNs to be joint owners of a medical practice with physicians.

12. Can APNs own a medical practice in Texas?

No. APNs are not authorized by Texas law to own a medical practice in Texas in whole or in part.

13. When were optometrists, podiatrists and certain hospitals allowed to own, in whole or in part, a medical practice in Texas?

Legislation allowing licensed optometrists and physicians to jointly own, manage and control a legal entity to deliver health care services passed during the 2001 legislative session. Legislation allowing licensed podiatrists and physicians to jointly own, manage and control a corporation to perform professional services that are within each of their scope of practice passed during the 2003 legislative session. Legislation allowing certain hospitals in rural counties (less than 50,000 population) to hire physicians directly (own their practice) was passed during the 2007 and 2011 legislative sessions. Legislation allowing the large public hospitals/hospital districts (Dallas, Harris, Bexar and Tarrant County Hospital Districts) hire physicians directly (own their practices) passed during the 2009 and 2011 legislative sessions. Legislation allowing the Scottish Rite Hospital System to hire physicians directly passed during the 2011 legislative session.

14. Can a PA own 100% of buildings, equipment, and supplies, and lease or rent the facility to a physician or medical practice?

Yes. HB 2098 has no impact on the ability of a PA to own property, equipment or supplies. PAs can lease or rent these items to a physician or medical practice. This business practice was allowed by law before HB 2098 and it not impacted by the passage of HB 2098.

 

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[TD]TAPA News is a subscription-based email publication from TAPA to its members. If you would prefer not to receive the newsletter anymore, to unsubscribe and enter “Unsubscribe” in the subject line of the email reply. Or you can log into your online profile and change your Blast Email preference to No.

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It seems #1 and #5 contradict each other....per wdtpac if the SP quits the "grandfathered" pa is SOL....see his post on pg 2.

 

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Yea, I noticed that. From what I gather TAPA is saying the arrangements being grandfathered were about to be shut down by TMB/TPAB, so the bill "saved" them. Dunno. Sounds like lipstick on a pig.

 

I like how they try to make everyone feel better by mentioning that they "stuck it" to the APNs.. #11 & 12

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So unless there is also a restriction on exactly WHO can own stock in a corporation that "operates" in TX (specifically didn't say is incorporated in TX) ...

 

Why can't the PA own 49%, his spouse, child, parents, cousin, pet, WETF own 49% and the physician own the rest (2%)... or any permutation of the above that keeps the PA at 49%...???

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So unless there is also a restriction on exactly WHO can own stock in a corporation that "operates" in TX (specifically didn't say is incorporated in TX) ...

 

Why can't the PA own 49%, his spouse, child, parents, cousin, pet, WETF own 49% and the physician own the rest (2%)... or any permutation of the above that keeps the PA at 49%...???

 

Just a wild guess but if the PA and spouse file together they are considered one financial entity?

Seems like there would be rules in place to limit it since its such a easy run around.

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10. Does the agency law apply to APNs?

No, when PAs sought the agency law amendment in 2001, the APNs were not included.

11. Did the APNs seek inclusion in HB 2098 to allow APNs to jointly own medical practices?

Yes. The APNs contacted the bill author and the TAPA lobbyist requesting inclusion into HB 2098 to allow APNs to be joint owners of a medical practice with physicians.

12. Can APNs own a medical practice in Texas?

No. APNs are not authorized by Texas law to own a medical practice in Texas in whole or in part.

 

I'd like to know more details of this. So APNs wanted to ride the coattails for the good stuff but were smart to stay out of the "agency" business?

And as it stands now PAs have 49% ownership rights and NPs have zero ownership rights?

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So unless there is also a restriction on exactly WHO can own stock in a corporation that "operates" in TX (specifically didn't say is incorporated in TX) ...

 

Why can't the PA own 49%, his spouse, child, parents, cousin, pet, WETF own 49% and the physician own the rest (2%)... or any permutation of the above that keeps the PA at 49%...???

 

If its like here in California, a PA cannot own more than a physician partner... I went through some of this last year when I was contemplating starting a side OCC health gig with a company who wanted me to see their employees for a set fee. I found a SP who was willing to be hired for chart review/oversight but kinda let it go due to the Doc would have had to be the major holder according to state practice regs which would not have made it worthwile for me since I would have been the one seeing all the patients and doing all the work. :sweat:

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So unless there is also a restriction on exactly WHO can own stock in a corporation that "operates" in TX (specifically didn't say is incorporated in TX) ...

 

Why can't the PA own 49%, his spouse, child, parents, cousin, pet, WETF own 49% and the physician own the rest (2%)... or any permutation of the above that keeps the PA at 49%...???

 

I wonder how airtight this law is. Sounds like it is time to make a corp.......

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I am personally a PA in Texas getting screwed by this new law. My healthcare attorney thinks this law should not fly and that we should fight it. I don't have enough money to fight this thing by myself. (I have already spent 13k and counting) If there are others in Texas who are in similar situations then maybe we could possibly get a group together and fight this new law to get it over turned. Personally I wish the AAPA would step in and assert the 99% ownership a PA can have.

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The only thing further I will say about this bill on a public forum is as follows:

 

Please, my PA collegues, read the bill, read the reporting requirements set forth by the Texas Medical board which can be found on thier website, compare the bill to the official response circulated by TAPA, make your conclusions (you may even want to read inbetween the lines from time to time as well).

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PABAT WON A VICTORY AGAINST THE TEXAS MEDICAL BOARD

DID YOU?

On Friday, April 27th, the Physician Assistants Business Alliance of Texas (PABAT), a group of physician assistants from all over the state, won a major victory in a lawsuit against the Texas Medical Board.

Without conceding the merits, the TMB agreed that they would not enforce the rule that would have taken away a PA’s right to own their business until after a full hearing at the end of August. But if you go to the TMB website, you will see proof of what we achieved. The TMB has changed their application package, eliminating language attacking your right to be a business owner.

PABAT has won the skirmish but there‘s still a major battle to be fought in court. A victory will force the TMB to permanently change their rule. There’s just one catch. The Attorney General’s Office and the Board wanted some parts of the agreement to apply only to PABAT members, not to all PAs – that only PABAT’s members could get the benefit of the extended time for filing information. To ensure that any future agreements with the Board are extended to you, we need you to join PABAT.

There’s still a chance for you to protect yourself. Sometime in the next 3 – 4 weeks the Attorney General will likely send us requests for information, including a request for a PABAT membership list. To ensure that you’re numbered among PABAT’s member, you need to join. So what’s keeping you from joining PABAT?

• Are you willing to risk your business because you don’t want to join with your fellow PAs in fighting for your rights? It’s less of a gamble if you join PABAT.

• Are you not getting involved because you don’t want the TMB to come after you if you do? PABAT members have the strength of our counsel to prevent retaliation from happening.

• Do you want to remain anonymous? Can’t do that. You still have to send in your information packet to the TMB, letting them know how much of your business you own. PABAT got their members a deadline extension, but everyone must respond.

• What if your new supervising physician does not want to take Medicare patients? There would be nothing you could do to stop them.

What’s it going to cost you to join? First, you agree to a proportionate part of the attorney’s fees. Second, you pay $2,500 in one lump sum, or $500 a month for six months, to defray the cost. How do you join? Send an email tololsonpa@yahoo.com, and we will send you an information package, including an application form. For more information, you can join a teleconference on Sunday, May 6, 2012 at 8:00 p.m. . Members of PABAT will be there to answer any question. Dial in number 218-632-0550. Access code #: 173148#

Don’t risk your business unnecessarily. Get protected. Join PABAT today

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