Texas Register
(25 TexReg 5301). As part of that
rulemaking, the Texas Podiatric Medical Association and dozens of individual
podiatrists submitted comments urging the OAG to clarify that podiatrists
and physicians may participate together as members of a negotiation group,
and provide that podiatrists, acting independently of physicians, may initiate
and participate in the joint negotiations permitted by Chapter 29.
Because Insurance Code Art. 29.11 specifically contemplates participation
by podiatric physicians in joint negotiations, the OAG believes that expanding
access to joint negotiations to include podiatrists is consistent with the
legislature's intent and the purpose of Chapter 29. Like ordinary physicians,
podiatrists contract with health benefit plans for the provision of professional
medical services. In addition, podiatrists sometimes practice together in
a multispecialty group with other physicians. Accordingly, the OAG believes
it is appropriate to authorize podiatric physicians to participate in joint
negotiations either independently or together with other physicians.
The new §58.6 defines "physician" to include "a person licensed to
practice podiatry by the Texas State Board of Podiatric Medical Examiners"
for the purpose of participating in the joint negotiations permitted by Chapter
29. It is intended to permit podiatrists to participate in joint negotiations
to the same extent as, and subject to the same requirements as physicians
under Chapter 58 and Insurance Code, Chapter 29.
The OAG has not received any comments regarding proposed §58.6.
The new section is adopted under the Insurance Code, Article
29.11, which the OAG interprets as authorizing the Office of the Attorney
General to adopt rules to authorize podiatric physicians to participate in
the joint negotiations permitted by Chapter 29.
The new section affects Texas Insurance Code, Chapter 29.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 14, 2000.
TRD-200004894
Rick Gilpin
Assistant Attorney General
Office of the Attorney General
Effective date: August 3, 2000
Proposal publication date: June 2, 2000
For further information, please call A. G. Younger
at (512) 463-2110.