Jointly Owned Entities:
Physicians/Physician Assistants

HB 2098, enacted by the 82nd Legislature, allows entities to be jointly owned by physicians and physician assistants subject to certain limitations, including percent of ownership by physician assistants.  There are annual reporting requirements for physician and physician assistant owners.  The full text of HB 2098 can be found here:

http://www.capitol.state.tx.us/BillLookup/Text.aspx?LegSess=82R&Bill=HB2098.

The new law applies to jointly owned entities formed on or after June 17, 2011.  Highlights include:

Applicability:

Summary of Legislation and Requirements

Reporting forms:

For entities formed before June 17, 2011,
fill out the Annual Reporting packet – Before June 17, 2011

For entities formed on or after June 17, 2011,
fill out the Annual Reporting packet – On or After June 17, 2011

Frequently asked Questions:

Who has to report?
All entities in which a physician assistant has an ownership interest, in which the physician assistant performs a professional service that falls within the scope of physician assistant practice, must register annually, regardless of percent of ownership or when they were formed.

When is the annual reporting due?
The annual reporting for physician assistant or jointly owned entities is April 30th of each year.

Is there a fee for reporting?
For entities formed on or after June 17, 2011 there is a reporting fee of $18.00.  There is no reporting fee for entities formed before June 17, 2011.

Do I have to report even if my business was formed prior to the implementation of this statute?
Yes.   All entities in which a physician assistant has an ownership interest, in which the physician assistant performs a professional service that falls within the scope of physician assistant practice, must register annually, regardless of percent of ownership or when they were formed.

How does HB 2098 affect my pain management clinic ownership?
HB 2098 has no effect on the requirement that pain management clinics be owned by physicians.  Tex. Occ. Code, Sec. 167.102(a), requires that a pain management clinic be owned and operated by physicians practicing in Texas under an unrestricted license.  An ownership interest by anyone other than a physician is not allowed.

Note: The TMB cannot give legal advice. Please consult an attorney if you have questions regarding whether or not your entity is required to report. However, the owners of entities that have not been properly reported can be investigated.