Legal News and Events

Date

Item/Information

February 8, 2010

The Austin Court of Appeals has scheduled oral argument in the ambulatory surgical center case No. 03-09-00187-CV; Vista Healthcare, Inc v. Texas Mutual Insurance Company, et.al.; before the Texas Third Court of Appeals for March 10, 2010, at 9:00 a.m.

Some of the issues before the Court of Appeals may be whether the 1997 Acute Care Inpatient Hospital Fee Guideline applies to ambulatory surgical center cases or whether Texas Department of Insurance, Division of Workers’ Compensation (the “Division”) default rule 134.1 (28 TAC § 134.1) is the applicable rule. Rule 134.1 provided that in the absence of a fee guideline, reimbursement was to be fair and reasonable for a medical service or treatment.

Another issue before Court is whether the language of Texas Labor Code § 413.011(d) is unconstitutionally vague.

January 12, 2010

The Texas Alcoholic Beverage Commission (TABC) has reported that on January 11, 2010, agents with the Longview District of the TABC, as well as deputies from the Smith County Sheriff’s Department, executed a search warrant at a residence in southeast Smith County. The law enforcement officers seized a 55 gallon still, copper tubing associated with the still. Burners, two propane bottles and approximately nine gallons of products commonly referred to as moonshine whisky.

The TABC reports the suspect Sedrick Lucille Johnson, Jr. (DOB 5/21/51), faces charges of possession of illicit alcoholic beverages and possession of equipment to manufacture illicit alcoholic beverages. Both crimes are misdemeanors punishable by $100-$1,000 and/or up to a year in jail.