BG H.B. 2673 75(R)BILL ANALYSIS PUBLIC HEALTH H.B. 2673 By: Janek 4-17-97 Committee Report (Unamended) BACKGROUND The medical committee privilege has existed in Texas since 1963. The definition of "medical committee", found at Section 161.031 of the Health and Safety Code, was passed in its current form in 1989 and has not been amended since that time. The purpose behind the privilege for medical committee records and proceedings is to encourage uninhibited discussion of events with the goal of improving the quality of care provided to patients. Medical committees are used for conducting quality assurance activities, medical staff credentialing, and the development of patient care protocols. The medical committee facilitates important hospital activities by encouraging open and honest discussion and disclosure among committee members and persons reporting to the committee. Ultimately, health care consumers benefit from the enhanced quality and efficiency of medical care made possible by the uninhibited medical committee deliberations. Since the creation of the privilege, the health care industry has evolved from a model in which health care was provided by individual hospitals operating alone, to the development of integrated systems, typically comprised of several affiliated hospitals, rehabilitation centers, and long-term and skilled nursing facilities. These modern health care systems provide a diverse range of community health care needs. Although, the medical committee privilege continues to play an important role in modern health care systems, the current law speaks of committees of a "hospital" or "medical organization" only in singular terms. As the statute is presently worded it is questionable whether the privilege extends to committees comprised of representatives from various related entities within a health care system, or from a non-hospital parent entity of a health care system. PURPOSE HB 2673 clarifies existing questions as to whether disclosure in system wide committees is covered under the "committee privilege". RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 161.031, Health and Safety Code, by adding Subsection (c) to include "health care systems" within the term "medical committee." SECTION 2. Emergency Clause.