SRC-PNG H.B. 2453 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2453
76R7923 SMH-FBy: Edwards (Lindsay)
Health Services
5/10/1999
Engrossed


DIGEST 

Currently, under Texas law, physicians and optometrists are not authorized
to co-own a health care services network if it is organized as a
professional limited liability partnership or a professional limited
liability company.  This bill would authorize a physician and an
optometrist or therapeutic optometrist to organize, jointly own, and manage
a partnership, limited partnership, limited liability company, or any other
legal entity to obtain property and employ persons for the delivery of
health care services or management. 

PURPOSE

As proposed, H.B. 2453 authorizes a physician and an optometrist or
therapeutic optometrist to organize, jointly own, and manage a partnership,
limited partnership, limited liability company, or any other legal entity
to obtain property and employ persons for the delivery of health care
services or management. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 4495b, V.T.C.S., by adding Section 5.12, as
follows: 

Sec.  5.12.  AUTHORITY TO FORM CERTAIN JOINTLY OWNED ENTITIES.  (a)
Authorizes a physician and an optometrist or therapeutic optometrist, with
exception, to organize, jointly own, and manage a partnership under Article
6132b-1.01 et seq., V.T.C.S., a limited partnership under Article 6132a-1,
V.T.C.S., a limited liability company under Article 1528n, V.T.C.S., or any
other legal entity to own, lease, rent, or otherwise acquire the use of
real property, other physical facilities, or equipment for the delivery of
heath care services or management, or employ or otherwise use a person who
is not a physician, optometrist, or therapeutic optometrist for the
delivery of health care services or management. 

(b) Authorizes only a physician and an optometrist or therapeutic
optometrist to own an interest in an entity authorized under Subsection (a)
of this section.  Provides that this subsection does not prohibit an entity
from making one or more payments to an owner's estate following the owner's
death under an agreement with the owner or as otherwise authorized or
required by law. 

SECTION 2. Amends Article 4552-5.01 et seq., V.T.C.S., by adding Section
5.22, to make conforming changes. 

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.