in the increasingly secretive hospital ad- ministrative environment.” TMA’s support of financial account-
ability at Knapp has been invaluable, Mr. Grass added. “Representatives from the TMA Of-
fice of General Counsel attended hear- ings, invited us to TMA meetings, and provided financial support. More impor- tantly, TMA communicated to the judge in district court that this isn’t an isolated problem in Weslaco. The issue of finan- cial disclosure by nonprofit hospitals has great significance to all hospitals in Texas. TMA was the voice of the public, advocating greater accountability,” Mr. Grass said. Hospital representatives and their attorneys hadn’t released the financial documents outlined in the court order at press time. Should Knapp appeal and the court
of appeals affirm the district court’s rul- ing, Mr. Grass says the decision will have significant ramifications on business op- erations for nonprofit hospitals in Texas. “Other Texas hospitals won’t be able to
hide behind their foundations and avoid disclosing financial information. This de- cision will spur greater financial account- ability at nonprofit hospitals, which will lead to transparency and good gover- nance,” he said. Once Mr. Grass is able to obtain the
records, a forensic accountant will re- view the hospital administration’s finan- cial conduct. “We expect to establish that the deci-
sions of the Knapp administration are improper. That will give us grounds to request that the attorney general inter- vene in the operation of the hospital and replace the current administration,” Mr. Grass said.
tion’s motion to stop chiropractors from performing vestibular testing. Judge Rhonda Hurley’s ruling invalidates the Texas Board of Chiropractic Examin- ers’ (TBCE’s) vestibular testing rule by declaring it to be beyond chiropractors’ lawful scope of chiropractic. TMA took TBCE to court to protect
patient safety after TBCE adopted rules allowing chiropractors to perform the procedure. TMA argued that state law does not
authorize chiropractors to perform ves- tibular testing. The vestibular system is a component of the inner ear and communicates with the central nervous system. Tests of vestibular function are diagnostic tests designed to evaluate the function and structure of the inner ear and/or brain, and they include hear- ing evaluations because the hearing and balance functions of the inner ear are closely related. “The vestibular apparatus is not part
of the musculoskeletal system because the muscles that connect the eyes to the skull do not “move the body” or “maintain its form,” TMA said in its mo- tion. “Chiropractors are not authorized to diagnose medical conditions, includ- ing defects in the vestibular apparatus, because the Chiropractic Act does not include the diagnosis of diseases within the definition of chiropractic. Even if chi- ropractors can use the word ‘diagnosis’ in a rule, any such diagnosis must be limited to the biomechanical condition of the spine and musculoskeletal system.” The TMA motion added that the issue
of whether “diagnostic testing by chiro- practors is important for patient safety or for chiropractors to be able to be pri- mary care doctors is a question for the legislature and not the court.” This is the fourth part of TBCE’s
Scope of Practice Rule that a court has declared invalid and void because they exceeded the scope of chiropractic as de-
Online Lab Results.
Judge backs TMA on patient safety
An Austin state district judge ruled in the Texas Medical Association’s favor Dec. 7, 2011, and granted the associa-
Online access to DSHS Laboratory results and Newborn Screening Remote Data Services is now available to all Texas Health Steps medical providers. Online lab and newborn screening results will help you minimize common errors related to specimen collection, reduce the need for re-collection and re-testing, and cut the waiting time for results.
To access these services, visit
www.dshs.state.tx.us/lab/remoteData.shtm
Taking New Steps March 2012 TEXAS MEDICINE 43
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