Author Topic: Harris Health Clinics in Houston  (Read 327 times)

mxnjw18

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Harris Health Clinics in Houston
« on: April 28, 2017, 01:30:53 PM »
What is the standing of the Harris Health Clinics throughout Houston (not including Ben Taub Hospital)? Many have 30.06 and 30.07 but are financed primarily by Harris County (a government entity). Are these signs enforceable? I found this article, but need more clarification.
http://www.houstonchronicle.com/news/politics/texas/article/Health-clinics-could-be-penalized-for-banning-6756372.php
Thank you.
« Last Edit: April 28, 2017, 01:35:38 PM by mxnjw18 »

TexasLawShield

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Re: Harris Health Clinics in Houston
« Reply #1 on: May 04, 2017, 03:19:44 PM »
mxnjw18,

The article is correct. TPC 30.06 and 30.07 prohibit the posting of notice on property owned or leased by a governmental entity unless it is an area mentioned in Texas Penal Code Sections 46.03 or 46.035. TPC 46.035 allows for notice to be posted on hospitals as defined by Chapter 241 of the Health and Safety Code. This includes:
(5)  "General hospital" means an establishment that:
     (A)  offers services, facilities, and beds for use for more than 24 hours for two or more unrelated individuals requiring diagnosis, treatment, or care for illness, injury, deformity, abnormality, or pregnancy;  and
     (B)  regularly maintains, at a minimum, clinical laboratory services, diagnostic X-ray services, treatment facilities including surgery or obstetrical care or both, and other definitive medical or surgical treatment of similar extent.
(15)  "Special hospital" means an establishment that:
     (A)  offers services, facilities, and beds for use for more than 24 hours for two or more unrelated individuals who are regularly admitted, treated, and discharged and who require services more intensive than room, board, personal services, and general nursing care;
     (B)  has clinical laboratory facilities, diagnostic X-ray facilities, treatment facilities, or other definitive medical treatment;
     (C)  has a medical staff in regular attendance;  and
     (D)  maintains records of the clinical work performed for each patient.

Most publicly funded clinics do not fall into either of these definitions and therefore should not post signs under 30.06 or 30.07. If you see these signs you can file a 30.06 complaint with the Attorney General’s office.

mxnjw18

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Re: Harris Health Clinics in Houston
« Reply #2 on: May 09, 2017, 09:32:38 AM »
And what about the part that they mention about "medical students"? Does that change the circumstance in any way?

Thanks again.

TexasLawShield

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Re: Harris Health Clinics in Houston
« Reply #3 on: May 15, 2017, 05:17:54 PM »
mxnjw18,

This is a bit of a complicated area of the law because the law is not clear and it has not been challenged in court. At this time, these are only arguments to be made as to whether or not a sign can be properly posted. Additionally we are looking at a very specific subgroup.
First, as the article states, we are only dealing with clinics affiliated with public hospitals because private clinics are not prohibited from posting under Texas Penal Code 30.06(e).
Second, we have to look at which schools the students attend. In this situation we are looking at TPC 46.035(a-2) and Government Code 411.2031(e). TPC 46.03(a) does not apply because it excludes institutions of higher education. If the students attend a public institution, the clinic would not be able to post signs because TPC 46.035(a-3) and GC411.2031(d-1) deal with public institutions of higher education and they are limited to exclusions on the campus itself. These sections do not include the language “grounds or buildings on which an activity sponsored by the institution is being conducted.”
If we have a clinic affiliated with a public hospital, and that clinic also has medical students that attend a private or independent institution of higher education, the clinic would likely still need to show some sort of association with the school. The students presence would need to part of an activity “sponsored” by the private or independent institution. Additionally, the institution would need to establish regulations specifically regarding the posting of 30.06 signs at the clinic.
All that to say, if one of these clinics has posted 30.06 or 30.07 signs, it would be best to report the sign to the attorney general’s office to begin the process of getting a definitive answer to this question.