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AUSTIN – The publication Border Report says this Friday, Texas hospitals will be required to collect information regarding patients who are not legally in the country as part of an executive order from Gov. Greg Abbott. Abbott signed the order in August in an effort to collect data on the costs of caring for undocumented patients, claiming Texas “absorbs a large percentage of the costs associated with medical care for individuals who are not lawfully in the United States.” The order also directs hospitals to inform patients that their response “will not affect patient care.” Texas has the highest uninsured rate in the nation at 17% — more than double the national average. Five million Texans have no insurance, the Texas Hospital Association reported. Last year, hospitals provided more than $8 billion in “charity care” for uninsured people, with more than $3 billion not reimbursed.

Most uninsured Texans are citizens, however. While 1.6 million undocumented immigrants live in Texas, they go to the hospital at lower rates than U.S. citizens and make up a minority of the uninsured cost burden on state hospitals, the Texas Tribune reported. The American Civil Liberties Union of Texas worries the order will discourage undocumented Texans from seeking necessary medical care. They stress that patients do not need to answer the question, and cannot be denied care no matter their answer. “This order should not impact anybody’s access to care — period,” senior staff attorney with the ACLU of Texas David Donatti said. “Whether you are native-born, a U.S. citizen, an immigrant, whatever your status should be, you should be able to access the healthcare that you need and the facility should not have the ability to block you from receiving that kind of care. That is crystal clear as a matter of federal law.” Donatti said the ACLU is exploring possible legal action against the Governor’s order. The Texas Hospital Association also reassures patients that the new rule will not impact healthcare access.

DALLAS – The Dallas Morning News reports Nearly 68,000 Texans and more than 800,000 people nationwide could be affected by a data breach at a Brownwood-based insurance servicer, according to filings with the Texas and Maine attorneys general offices. Landmark Admin announced the breach on Oct. 23, and notices have been sent to those affected, according to the filings. Information potentially gathered includes names, addresses, dates of birth, social security numbers/tax identification numbers, driver’s license numbers/government-issued ID numbers, financial information such as credit card numbers, and medical and health insurance information. Landmark offers third-party administration services for life insurance and annuity companies, including Liberty Bankers Insurance Group headquartered in Dallas. Liberty Bankers Insurance Group includes American Monumental Life Insurance Company, Pellerin Life Insurance Company, American Benefit Life Insurance Company, Liberty Bankers Life Insurance Company, Continental Mutual Insurance Company, and Capitol Life Insurance Company.

DALLAS – The Dallas Morning News reports that in court documents made public Tuesday, Texas lawmakers provided a behind-the-scenes look at efforts to scuttle in-person testimony from death row’s Robert Roberson, either at the Capitol or at the inmate’s prison. In the end, the documents said, lawmakers were told Roberson would not be permitted to testify in “any form of hearing” before a House committee examining the inmate’s case. In a brief filed with the Texas Supreme Court, Reps. Joe Moody, D-El Paso, and Jeff Leach, R-Allen, detailed their battle with the attorney general’s office and unnamed executive branch officials to secure public testimony from Roberson. The two lawmakers, both lawyers, sit on the House Criminal Jurisprudence Committee and were among seven panel members who voted to subpoena Roberson, ultimately delaying his Oct. 17 execution.

The subpoena compelled Roberson to testify at a Capitol committee hearing Oct. 21. Prison officials began working to bring Roberson to the Capitol — ironing out transportation and security details — before the Texas attorney general’s office stepped in, sending Moody a letter saying Roberson would have to testify from prison by videoconference. Moody began the hearing by explaining Roberson’s absence and said negotiations were underway to allow the committee to hear from the inmate, who argues his conviction and death sentence should be overturned because they were based on outdated science and debunked theories surrounding shaken baby syndrome. In the legal brief filed with the Supreme Court, which has been asked to weigh the legality of the committee subpoena, Moody provided his account of what was happening outside of public view — including his frustration with what he described as an unresponsive attorney general’s office. “The executive branch took exception and refused to honor the subpoena,” the lawmakers wrote. “That impasse remains today.”

AUSTIN (AP) – Texas is clawing back more than $607 million per year in federal funding for special education services, a move local school district officials say will likely worsen already strained budgets for students with disabilities.

The School Health and Related Services (SHARS) program provides hundreds of school districts critical funding for special education services, reimbursing them for counseling, nursing, therapy and transportation services provided to Medicaid-eligible children.

More than 775,000 students receive special education services in Texas, according to the Texas Education Agency. It is not as clear how many of them are eligible for Medicaid, though school district officials say many of the kids who directly benefit from SHARS come from low-income families.

But in the last year, the Texas Health and Human Services Commission, which manages the program at the state level, began imposing strict limitations on the types of services for which school districts are able to request federal reimbursement. The changes have accumulated into a $607 million slashing to the money school districts typically expect to receive under SHARS per year, according to health agency estimates.

Bewildered by the sudden changes, school district officials and special education advocates say little has been communicated about why these drastic changes are happening.

“We’re seeing an increased number of students that need more and more individualized care,” said Katie Abbott, special education director for a coalition of six East Texas school districts. “And yet, what are we doing?”

In response to their concerns, Texas has blamed the feds.

A 2017 federal audit report found that Texas was improperly billing for services not allowable under the SHARS program. The report concluded the state would need to return almost $19 million, a fraction of the $607 million currently being left behind. It also required that the Texas health commission work to ensure it was complying with federal guidelines.

Afterwards, the commission submitted “every possible denial and request for the opinion to be overturned” but was unsuccessful, the agency told The Texas Tribune. The recent changes reflected an attempt to bring the state back into compliance, according to the commission.

But federal appeals officers, in a ruling last year, said Texas produced “nothing at all” to dispute investigators’ findings that the state billed for unallowable services. The ruling also condemns the state for attempting to submit evidence after the deadline to do so had already passed.

Further, federal officials dispute the notion that Texas is being required to make certain changes to the SHARS program. In a statement to the Tribune, the Centers for Medicare & Medicaid Services made clear that as long as states work within “broad federal parameters,” they have autonomy to make decisions about their programs.

School district officials say Texas has resorted to overcorrecting problems identified by the audit, flouting expectations from the federal government that the state administers the program using the least restrictive means possible.

Many school districts are formally appealing the funding cuts with the state, while other rural districts have decided to exit the SHARS program altogether because of the administrative burden recent changes have created. Those that remain are holding out hope that lawmakers will decide in next year’s legislative session to help fill the financial gaps left in special education services — a lofty expectation for a state with a poor track record in both administering Medicaid and serving students with disabilities.

“We’re talking about our most vulnerable kids,” said Karlyn Keller, division director of Student Solutions and School Medicaid Services for the Texas Association of School Boards. “We can’t afford to continue to make these huge clawbacks in funding when we’ve got kids that need the service.”

AUSTIN – With more than 15 million records digitized in the past year, the Railroad Commission of Texas now has 83.4 million oil and gas records that can be searched and viewed online from anywhere in the world. In a release from the RRC, the enormous amount of work is part of the RRC’s ongoing success increasing transparency and making the vast trove of information held at the agency easily available to the public. 

As the oldest regulatory agency in Texas, the RRC has oil and gas records dating back to the 1930’s on paper in district offices and on microfilm. The agency has been digitizing those records and placing the images online for several years, allowing anyone with internet access to view them.

Documents that have been digitized include oil and gas production records and well completion records that contain information such as well depths and producing fields of a well. These records are used often by researchers, landowners, royalty owners, energy companies and public information requesters.

District office paper records and microfilm records that have been digitized can be found on this RRC webpage.

FORT WORTH – The Fort Worth Star-Telegram reports that just over a week before Election Day, some Texas residents showing support for Vice President Kamala Harris are receiving threatening notes, authorities say. The San Marcos Police Department said Oct. 26 it received two reports of threatening flyers left on political signs. The next day, officers said they recovered more notes that threaten supporters of the Democratic presidential candidate. “YOU have been identified and are now in our National Database of miscreant Harris supporters, either by social interactions with your neighbors who are on our investigations team, or by yard signs, or vehicle bumper stickers,” the typed note read.

“Rather than the hangman’s nooses of the old days, you are now guaranteed that once the magnificent Donald Trump assumes the Presidency again YOU will be IRS tax audited going all the way back to your very first tax return – and at a minimum – 4 years of painful misery and attorney’s fees.” The flyers were signed by The Grand Dragon of Trump Klan #124 in San Marcos. The Grand Dragon, according to the Bullock Museum, is the highest-ranking Ku Klux Klan official in Texas. Police have not confirmed if the flyers are connected to the KKK. Officers said they are investigating who is responsible for leaving the notes. Officers said anyone who receives one of these flyers should call the department’s non-emergency number at 512-753-2108. “It’s a crime in the state of Texas to try to influence or coerce or even prevent a voter from voting,” San Marcos Police Chief Stan Standridge said. “When we identify the suspect or suspects, then we will present that to the district attorney’s office for consideration of applicable charges.”