Untitled Texas Attorney General Opinion ( 1947 )

R-684 August 25, 1947 Hon. George H. Sheppard Opinion No. V-357 State Comptroller Capitol Station Re: Authority or the Austin, Texas Crippled Children’s Division 0r the State Department or Health to pay for services rendered crippled children in accord~ancewith S. B. 360, 50th Leg. Dear Sir: We refer to your letter or recent ~date in which you enclosed a letter from Dr. Geo. W. Cox, State Health Orficer, which reads as follows: "Senate Bill No. 360, Regular Session, Fiftieth Legislature, provides in Section 1 thereof, ‘The State Comptroller of Publio Accounts is hereby authorized to draw pro- per warrants in favor of either the Univer- sity of Texas School of Medicine, the John Sealy Hospital, or the State Hospital for crippled and deformed children at Galveston based on vouchers or claims submitted by said institutions covering reasonable fees and charges for hospitalization and prores- sional services rend,eredby members of the staffs of said institutions in the care, diagnosis, and treatment of arippled chil- dren under the provisions of Chapter 216, Acts, Regular Session, Forth-ninth Legisla- ture, and in the hospitalization, care and treatment of patients forwarded to said in- stitutions from the State Eleemosynary Insti- tutions uqder the direction of the State Board of bontrol, and the State Treasurer is hereby authorized and directed to pay war- rants so issued against any available funds appropriated, granted, or donated to the Crippled Children’s Division of the State Department of Health or the State Depart- ment of Health for the purpose of defraying Hon. George H. Sheppard - Page 2 (V-357) the expenses of treatment of crippled chil- dren under said Act and out of available funds appropriated to the State Board of Control for the hospitalization, care and treatment of patients in and from the State Eleemosynnry Institutions under the direc- tions of said State Board of Control. Such payments made to said institutions shall be credited and deposited to the local institu- tional funds of said institution receiving such payments.' ~'*I. shall appreciate your advising if the Lrippled Children's Division of the State Department of Health may proceed in paying the John Sealy Hospital and the phy- sicians and surgeons who are employed by the-:*' University of Texas School of Medicine in the manner prescribed for in this statute." We also quote from a subsequent,letter which you received from the State Health Officer, relating to the same matter, as follows: "In answer to your letter of July 25, 1947, concerning House Bill No. 712, I here- with quote information supplied by the Busi- ness Manager of the University of Texas Medi- cal Branch concerning the disposition of funds received in payment for professional services of staff members of the John Sealy Hospital and hospitalization of crippled children in the John Scaly or affiliated hospitals: I,, 0 s . all monies received by the Uni- versity of Texas Medical Branch in payment of fees for professional services of members of its staff will be deposited in a General Fund bank account. Expenditures from the General Fund are made upon authority of the Board of Regents and disbursements will not be made to members of the staff for profes- sional fees earned for the General Fund.' "'In regard to question number two, this will advise you that all revenues re- ceived by the University of Texas for ser- vices of the University of Texas and its employees are likewise deposited in the General Fund of the University and are ex- pended upon authority of the board of Re- Hon. George H. Sheppard - Page 3 (V-357) gents. The University does not act as a collection agency for members of the staff nor make payment to employees other than on a strictly salary basis .I’* Senate Bill No. 360 was never passed, but H.B. 712 was passed by the 50th Legislature and signed by the Governor on May 23, 1947, and is an exact duplication of Senate Bill 360. Therefore, our remarks will be con- fined to the House Bill instead of the Senate Bill. In view of the plain, clear, and unambiguous language in the above Bill, it is the opinion of thi.s Department that the Crippled Children’s Division of the State Department of Health may proceed in paying the John Sealy Hospital and the University of Texas School of Medicine in the manner prescribed in the statute. Since the Business Manager of the University of Texas School of Medicine has written to the effect that all of such fees will be deposited in the General Fund and that none of said funds will be paid to the members of the staff, we shall pretermit a discussion of that phase of your question relative to paying the physicians and surgeons who are employed by the Univer- sity of Texas School of Medicine. However, in passing, we wish to state that in our opini~onit comes within the purview of Opinion NO. O-4433, a copy of which is en- closed. SUMURY The Crippled Children’s Division of the State Department of Health may proceed in paying the John Sealy Hospital and the Univer- sity of Texas School of Medicine for services rendered crippled child~renin the manner pre- scribed in H. B. 712 of the 50th Leg., R. S., 1947. Very truly yours APPROVED : ATTORNEY GENERAL OF TEXAS BY Assistant BA:djm: jrb