By Luna H.B. No. 2171
76R5861 KLA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the evaluation of medical and health-care services
1-3 provided by hospital districts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1.03(a)(5), Medical Practice Act (Article
1-6 4495b, Vernon's Texas Civil Statutes), is amended to read as
1-7 follows:
1-8 (5) "Health-care entity" means:
1-9 (A) a hospital that is licensed pursuant to
1-10 Chapter 241 or 577, Health and Safety Code [or the Texas Mental
1-11 Health Code (Articles 5547-88 through 5547-100, Vernon's Texas
1-12 Civil Statutes)];
1-13 (B) an entity, including a health maintenance
1-14 organization, group medical practice, nursing home, health science
1-15 center, university medical school, hospital district, or other
1-16 health-care facility, that provides or pays for medical or
1-17 health-care services and that follows a formal peer review process
1-18 for the purposes of furthering quality medical or health care;
1-19 (C) a professional society or association, or
1-20 committee thereof, of physicians that follows a formal peer review
1-21 process for the purpose of furthering quality medical or health
1-22 care; and
1-23 (D) an organization established by a
1-24 professional society or association of physicians or of hospitals,
2-1 or both, that collects and verifies the authenticity of documents
2-2 and other data concerning the qualifications, competence, or
2-3 performance of licensed health care professionals and that acts as
2-4 a health care facility's agent pursuant to the Health Care Quality
2-5 Improvement Act of 1986, Title IV, Pub. L. 99-660 (42 U.S.C.
2-6 Section 11101 et seq.).
2-7 SECTION 2. Section 5.06, Medical Practice Act (Article
2-8 4495b, Vernon's Texas Civil Statutes), is amended by adding
2-9 Subsection (v) to read as follows:
2-10 (v) This section does not impose liability or waive immunity
2-11 for a hospital district that has common law, statutory, or other
2-12 immunity.
2-13 SECTION 3. Section 161.031(a), Health and Safety Code, is
2-14 amended to read as follows:
2-15 (a) In this subchapter, "medical committee" includes any
2-16 committee, including a joint committee, of or any entity designated
2-17 or contracted to act as a medical committee by:
2-18 (1) a hospital;
2-19 (2) a medical organization;
2-20 (3) a university medical school or health science
2-21 center;
2-22 (4) a health maintenance organization licensed under
2-23 the Texas Health Maintenance Organization Act (Chapter 20A,
2-24 Vernon's Texas Insurance Code), including an independent practice
2-25 association or other physician association whose committee or joint
2-26 committee is a condition of contract with the health maintenance
2-27 organization; [or]
3-1 (5) an extended care facility; or
3-2 (6) a hospital district.
3-3 SECTION 4. Sections 161.032(a) and (c), Health and Safety
3-4 Code, are amended to read as follows:
3-5 (a) The records and proceedings of a medical committee are
3-6 confidential and are not subject to court subpoena. A proceeding
3-7 of a medical committee is not subject to the open meetings law,
3-8 Chapter 551, Government Code. Records of a medical committee are
3-9 not subject to disclosure under the open records law, Chapter 552,
3-10 Government Code.
3-11 (c) This section and Section 5.06, Medical Practice
3-12 [Practices] Act (Article 4495b, Vernon's Texas Civil Statutes), do
3-13 not apply to records made or maintained in the regular course of
3-14 business by a hospital, health maintenance organization, medical
3-15 organization, university medical center or health science center,
3-16 hospital district, or extended care facility.
3-17 SECTION 5. Chapter 285, Health and Safety Code, is amended
3-18 by adding Subchapter K to read as follows:
3-19 SUBCHAPTER K. COMMITTEES TO EVALUATE MEDICAL AND
3-20 HEALTH-CARE SERVICES
3-21 Sec. 285.141. AUTHORITY OF GOVERNING BODY TO FORM COMMITTEE
3-22 TO EVALUATE MEDICAL AND HEALTH-CARE SERVICES. The governing body
3-23 of a hospital district may form a medical peer review committee, as
3-24 defined by Section 1.03, Medical Practice Act (Article 4495b,
3-25 Vernon's Texas Civil Statutes), or a medical committee, as defined
3-26 by Section 161.031, Health and Safety Code, to evaluate medical and
3-27 health-care services provided or paid for by the hospital district.
4-1 SECTION 6. The importance of this legislation and the
4-2 crowded condition of the calendars in both houses create an
4-3 emergency and an imperative public necessity that the
4-4 constitutional rule requiring bills to be read on three several
4-5 days in each house be suspended, and this rule is hereby suspended,
4-6 and that this Act take effect and be in force from and after its
4-7 passage, and it is so enacted.