76R12025 E
By Luna, Seaman, Capelo, et al. H.B. No. 2171
Substitute the following for H.B. No. 2171:
By Uresti C.S.H.B. No. 2171
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the establishment and operation of a medical committee
1-3 or medical peer review committee by certain public and private
1-4 entities.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 1.03(a)(5), Medical Practice Act (Article
1-7 4495b, Vernon's Texas Civil Statutes), is amended to read as
1-8 follows:
1-9 (5) "Health-care entity" means:
1-10 (A) a hospital that is licensed pursuant to
1-11 Chapter 241 or 577, Health and Safety Code [or the Texas Mental
1-12 Health Code (Articles 5547-88 through 5547-100, Vernon's Texas
1-13 Civil Statutes)];
1-14 (B) an entity, including a health maintenance
1-15 organization, group medical practice, nursing home, health science
1-16 center, university medical school, hospital district, hospital
1-17 authority, or other health-care facility, that provides or pays for
1-18 medical or health-care services and that follows a formal peer
1-19 review process for the purposes of furthering quality medical or
1-20 health care;
1-21 (C) a professional society or association, or
1-22 committee thereof, of physicians that follows a formal peer review
1-23 process for the purpose of furthering quality medical or health
1-24 care; and
2-1 (D) an organization established by a
2-2 professional society or association of physicians or of hospitals,
2-3 or both, that collects and verifies the authenticity of documents
2-4 and other data concerning the qualifications, competence, or
2-5 performance of licensed health care professionals and that acts as
2-6 a health care facility's agent pursuant to the Health Care Quality
2-7 Improvement Act of 1986, Title IV, Pub. L. 99-660 (42 U.S.C.
2-8 Section 11101 et seq.).
2-9 SECTION 2. Section 5.06, Medical Practice Act (Article
2-10 4495b, Vernon's Texas Civil Statutes), is amended by adding
2-11 Subsection (v) to read as follows:
2-12 (v) This section does not impose liability or waive immunity
2-13 for a hospital district or hospital authority that has common law,
2-14 statutory, or other immunity.
2-15 SECTION 3. Section 161.031(a), Health and Safety Code, is
2-16 amended to read as follows:
2-17 (a) In this subchapter, "medical committee" includes any
2-18 committee, including a joint committee, of:
2-19 (1) a hospital;
2-20 (2) a medical organization;
2-21 (3) a university medical school or health science
2-22 center;
2-23 (4) a health maintenance organization licensed under
2-24 the Texas Health Maintenance Organization Act (Chapter 20A,
2-25 Vernon's Texas Insurance Code), including an independent practice
2-26 association or other physician association whose committee or joint
2-27 committee is a condition of contract with the health maintenance
3-1 organization; [or]
3-2 (5) an extended care facility;
3-3 (6) a hospital district; or
3-4 (7) a hospital authority.
3-5 SECTION 4. Sections 161.032(a) and (c), Health and Safety
3-6 Code, are amended to read as follows:
3-7 (a) The records and proceedings of a medical committee are
3-8 confidential and are not subject to court subpoena. A proceeding
3-9 of a medical committee or a meeting of the governing body of a
3-10 public hospital, hospital district, or hospital authority at which
3-11 the governing body receives records or reports provided by a
3-12 medical committee is not subject to Chapter 551, Government Code.
3-13 Records of a medical committee and records or reports provided by a
3-14 medical committee to the governing body of a public hospital,
3-15 hospital district, or hospital authority are not subject to
3-16 disclosure under Chapter 552, Government Code.
3-17 (c) This section and Section 5.06, Medical Practice
3-18 [Practices] Act (Article 4495b, Vernon's Texas Civil Statutes), do
3-19 not apply to records made or maintained in the regular course of
3-20 business by a hospital, health maintenance organization, medical
3-21 organization, university medical center or health science center,
3-22 hospital district, hospital authority, or extended care facility.
3-23 SECTION 5. The subchapter heading of Subchapter D, Chapter
3-24 161, Health and Safety Code, is amended to read as follows:
3-25 SUBCHAPTER D. [RECORDS OF AND IMMUNITIES FOR]
3-26 MEDICAL COMMITTEES AND MEDICAL PEER REVIEW COMMITTEES
3-27 SECTION 6. Subchapter D, Chapter 161, Health and Safety
4-1 Code, is amended by adding Section 161.0315 to read as follows:
4-2 Sec. 161.0315. AUTHORITY OF GOVERNING BODY TO FORM COMMITTEE
4-3 TO EVALUATE MEDICAL AND HEALTH-CARE SERVICES. The governing body
4-4 of a hospital, medical organization, university medical school or
4-5 health science center, health maintenance organization, extended
4-6 care facility, hospital district, or hospital authority may form a
4-7 medical peer review committee, as defined by Section 1.03, Medical
4-8 Practice Act (Article 4495b, Vernon's Texas Civil Statutes), or a
4-9 medical committee, as defined by Section 161.031, to evaluate
4-10 medical and health-care services.
4-11 SECTION 7. The importance of this legislation and the
4-12 crowded condition of the calendars in both houses create an
4-13 emergency and an imperative public necessity that the
4-14 constitutional rule requiring bills to be read on three several
4-15 days in each house be suspended, and this rule is hereby suspended,
4-16 and that this Act take effect and be in force from and after its
4-17 passage, and it is so enacted.