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.