HBA-DMH H.B. 3612 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3612
By: Delisi
Public Health
4/4/2001
Introduced



BACKGROUND AND PURPOSE 

Current law does not authorize a nonprofit hospital or hospital system
under contract with a local county to credit direct care toward meeting the
hospital's charity and indigent care requirements.  In addition, the law
does not specify that a preferred provider benefit plan is a health care
plan for the purposes of regulating physician communications with patients.
Also, under current law, information relating to the discharge or transfer
of a person from a licensed hospital may not be disclosed without the
patients authorization.  House Bill 3612 includes a preferred provider
benefit plan in the definition of "health care plan," includes discharge or
transfer information in the definition of "directory information," and
authorizes the use of direct care credit in meeting charity and indigent
care requirements. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 3612 amends the Health and Safety Code to authorize a nonprofit
hospital or hospital system under contract with a local county to provide
indigent health care services under the Indigent Health Care and Treatment
Act to credit direct care provided to an eligible county resident toward
meeting the nonprofit hospital's or system's charity care and
government-sponsored indigent health care requirement.  The bill includes a
preferred provider benefit plan in (PPO plan) the definition of "health
care plan" for the purpose of permitting unrestricted communication between
a physician and a patient regarding a PPO plan, coverage, and services.
The bill includes information relating to the discharge or transfer of a
person from a licensed hospital as part of "directory information" which
may be disclosed without the patient's authorization.  The bill requires a
nonprofit hospital to consider consulting with and seeking input from
community representatives of physician professional associations in
determining the community-wide needs assessment when developing the
community benefits plan. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.