Tag: Texas Medicine Today (TMT)
Texas Law Requires Practitioners to Disclose AI Use
Texas is imposing new transparency regulations on electronic health records (EHRs) and the diagnostic use of artificial intelligence (AI) under a new state law physicians must begin complying with as of Sept. 1.
Texas Senate Bill 1188, passed during Texas’ 2025 regular legislative session, requires physicians and health care practitioners who use AI for diagnostic purposes – including for any recommendations on a diagnosis or course of treatment based on a patient’s medical records – to, effective Sept. 1:
- Disclose such use of AI to their patients; and
- Review all records created by AI in a manner consistent with medical records standards.
Additionally, entities covered by the bill – businesses, including physician practices, that assemble, collect, analyze, use, evaluate, store, or transmit protected health information – to:
- Automatically allow a minor patient’s parent, guardian, or conservator to obtain “complete and unrestricted access” to the minor’s EHR, unless access to all or part of the record is restricted under state or federal law or by court order, also effective Sept. 1; and
- Physically maintain their EHRs only within the U.S. or a territory of the U.S. and only allow their data to be accessed by those who require the information to perform duties within their scope of their job related to treatment, payment, and other health care operations by Jan. 1, 2026. Covered entities have until Jan. 1, 2026 to ensure compliance relating to EHRs prepared before Sept. 1.
However, Texas physicians are now allowed three days to communicate the results of certain sensitive or serious test results to patients, including minors and their guardians, before they are made available via EHRs thanks to the passage of Senate Bill 922.
SB 1188 also prohibits covered entities from amending on an EHR an individual’s biological sex as recorded by a health care practitioner at birth and documented in the EHR, except to correct a clerical error, or, if the individual is diagnosed with a sexual development disorder, to change the individual’s listed biological sex to the opposite biological sex, in which case, information on the disorder must be also included in the EHR.
SB 1188 states regulatory agencies – including the Texas Medical Board, the Texas Department of Licensing and Regulation, and the Texas Department of Insurance – may take disciplinary action against a covered entity that violates the order three or more times in the same manner. The disciplinary action may include “license, registration, or certification suspension or revocation for a period the agency determines appropriate,” per the law.
Violations of SB 1188 can also result in civil penalties ranging from $5,000 to $250,000 per violation, depending on the violator’s intent and whether the violator used protected health information for financial gain.
Physicians should monitor for future guidance and check with their EHR vendor about compliance, especially as related to where patient data is stored, says Shannon Vogel, the Texas Medical Association’s associate vice president of health information technology.
For more information on health information technology, visit TMA’s related webpage.
Goverment Shutdown: What you Need to Know
With the government shutdown in effect, the Texas Medical Association is in regular communication with federal colleagues at the American Medical Association on the impact to physician practices, as AMA remains in touch with senior officials at the Centers for Medicare & Medicaid Services (CMS).
The volatility in Washington, D.C. could mean the shutdown lasts days to weeks, and TMA will share additional information via Texas Medicine Today as the situation develops. Here is what physicians need to know so far:
Medicare/Medicaid: The CMS contingency plan states that during a lapse in funding, the Medicare program will continue. CMS also says it has sufficient funding for Medicaid to fund the first quarter of 2026 and is maintaining the staff necessary to make payments to eligible states for the Children’s Health Insurance Program.
Medicare Administrative Contractors (MACs) have been instructed to implement a temporary claims hold of 10 business days, which AMA says should have minimal impact on physicians due to the 14-day payment floor. “The hold prevents the need for reprocessing large volumes of claims should Congress act after the statutory expiration date,” states a CMS Medicare Learning Network Connects special edition email newsletter that, as of this writing, had not yet been publicly posted. Physicians may continue to submit claims during this period, but payment will not be released until the hold is lifted. For the latest information, AMA recommends physicians monitor their MAC’s website (Novitas in Texas) and this CMS webpage.
“In the past, Congress generally has restored lapsed policies back to the effective date of the shutdown. During the shutdown, the AMA is monitoring any potential delays in Medicare claims processing or other Medicare payment problems that could result from federal staffing reductions at CMS, including during the shutdown,” said AMA CEO and Executive Vice President John Whyte, MD, MPH.
Telehealth: Physicians who provide telehealth services to fee-for-service Medicare patients should be aware that the Medicare telehealth flexibilities lapsed on Sept. 30 for most care and congressional action is required to restore that waiver. The exceptions are patients being treated for mental health and/or behavioral health disorder (including substance use disorders), stroke, and monthly end-stage renal disease visits for home dialysis. Otherwise, telehealth services are limited to rural areas as they were before the COVID public health emergency, and patients cannot receive telehealth services in their homes. The ability to provide audio-only services to Medicare patients also lapsed, as did the Acute Hospital Care at Home program.
The CMS newsletter suggests “practitioners who choose to perform telehealth services that are not payable by Medicare on or after Oct. 1, 2025, may want to evaluate providing beneficiaries with an Advance Beneficiary Notice of Noncoverage.”
However, AMA notes physicians in certain Medicare Shared Savings Program accountable care organizations can continue to provide and be paid for telehealth services.
Other services: CMS says it is continuing federal insurance marketplace activities, such as eligibility verification. Other nondiscretionary activities including health care fraud and abuse control and Center for Medicare & Medicaid Innovation activities are also continuing.
However, AMA reports that funding extensions for community health centers, the National Health Service Corps, and teaching health centers that operate graduate medical education programs expired on Sept. 30, and the 1.0 work geographic practice cost index floor extension expired on Oct. 1. Additional programs that have lapsed include: special diabetes programs; public health emergency authorities (e.g., Public Health Emergency Fund); increased inpatient hospital payment adjustment for certain low-volume hospitals; the Medicare-Dependent Hospital program; quality measure endorsement, input, and selection; and outreach and assistance for low-income programs (e.g., area agencies on aging).
TMA wants to hear from you. If you or your practice staff experience Medicare payment delays, telehealth obstacles, or other concerns, please let us know through TMA’s Knowledge Center to help inform advocacy.
Amy Lynn Sorrel
Associate Vice President, Editorial Strategy & Programming
Division of Communications and Marketing
New Criminal History Background Check Requirement from TMB!
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Fingerprinting services are provided through IdentoGo by IDEMIA (formerly known as MorphoTrust USA, LLC) for a fee (see the Fingerprinting FAQs below for the current fees), payable directly to IdentoGo. Results of the fingerprinting will be sent directly to TMB from both the Texas Department of Public Safety Criminal Records and the Federal Bureau of Investigation.

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