During the week of May 14, 2018, three Texas Attorney General Opinions were released that will be of interest to public school officials. The Opinions were:
Texas Attorney General Opinion KP-0198 (2018) was released on “ Whether a licensed psychologist may submit a bill to a third-party payer under the licensed psychologist’s name without indicating that the psychological services rendered were provided by a supervisee.”
The summary stated:
“Section 501.351(b) of the Occupations Code expressly provides that a test or service delegated to a supervisee by a licensed psychologist "is considered to be delivered by the delegating psychologist for billing purposes, including bills submitted to third party payers." With such plain indication of the Legislature's intent,a court would likely construe the provision to permit a licensed psychologist to submit a bill to a third-party payer under the licensed psychologist's name without indicating that the psychological services rendered were provided by a supervisee. The wisdom of such a provision is for the Legislature to determine.
The Board of Examiners of Psychologists' administrative rule requiring indication that the test or service was rendered by a supervisee is likely inconsistent with the statute.
Section 35.02 of the Penal Code sets out the offense of insurance fraud and requires, in part, a statement the person knows contains false or misleading material information. A billing statement, made in compliance with Occupations Code section501.351(b), cannot be one of false or misleading material information and cannot serve as the sole basis for a violation of Penal Code section 35.02. Whether in particular other circumstances the filing of a bill or invoice to a third-party payer could violate Penal Code section 35.02 will depend on specific facts and is beyond the purview of an attorney general opinion.”
To access the Opinion, click on the link below.
https://www.texasattorneygeneral.gov/opinions/opinions/51paxton/op/2018/kp0198.pdf
Texas Attorney General Opinion KP-0204 (2018) was released on “Whether an independent school district may contribute funds to a scholarship program for graduates of the district to attend a community college.”
The summary stated:
“Section 45.105 of the Education Code authorizes an expenditure of an independent school district's funds for "other purposes necessary in the conduct of the public schools determined by the board of trustees." Accordingly, the Amarillo Independent School District's trustees must determine whether the proposed scholarship program is appropriate or conducive to the conduct of its public schools.
Article III, section 52(a) of the Texas Constitution prohibits the expenditure of public funds for private purposes. A school district's expenditure for a scholarship program does not violate article III, section 52(a) provided that the school district: (1) ensures the expenditure is to accomplish a public purpose of the school district, not to benefit private parties; (2) retains sufficient control over the public funds to ensure the public purpose is accomplished; and (3) ensures the school district receives a return benefit. Whether a particular expenditure satisfies this three-part test is a determination for the school district in the first instance, subject to judicial review.”
To access the Opinion, click on the link below.
https://www.texasattorneygeneral.gov/opinions/opinions/51paxton/op/2018/kp0204.pdf
Texas Attorney General Opinion KP-0208 (2018) was released on “Whether the Harris County Department of Education may establish a relief fund to provide grant funding to independent school districts located in Harris County impacted by Hurricane Harvey.”
The summary stated:
“Under former chapter 18 of the Education Code, the Harris County Department of Education's property tax revenues may be expended only for the advancement of public free schools, the equalization of educational opportunities, administration expenses, and superintendent salary and office expenses.
Assuming any tax revenues used meet the statutory requirements of former chapters 17 and 18 of the Education Code, the Department may use its public funds to establish a Harvey Relief Fund consistent with Texas Constitution article III, section 52(a), if the Department: (1) ensures the expenditure is to accomplish a public purpose of the Department, not to benefit private parties; (2) retains sufficient control over the public funds to ensure the accomplishment of the public purpose; and (3) ensures the Department receives a return benefit.”
To access the Opinion, click on the link below.
https://www.texasattorneygeneral.gov/opinions/opinions/51paxton/op/2018/kp0208.pdf