SRC-JBJ, MKV C.S.S.B. 595 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 595
77R5903 GJH-DBy: Harris
Health & Human Services
3/19/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Current law requires the Texas State Board of Medical Examiners to provide
physician complaint information to a health care entity.  Eighty percent of
these complaints are without merit and negatively impact the reputation of
physicians and require physicians to justify their actions in all future
dealings with hospitals, insurance companies, and other providers.
C.S.S.B. 595 amends provisions pertaining to the retention and reporting of
certain complaint information. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 154.052, Occupations Code, to require the Texas
State Board of Medical Examiners (board), if a complaint is closed with no
disciplinary or rehabilitative action taken, to retain a record of the
complaint and to delete the identity of the license holder against whom the
complaint was filed ten years from the date of the closure of the
complaint. 

SECTION 2.  Amends Section 154.054, Occupations Code, to require the board,
on written request, to provide information to a health care entity
regarding certain specific information, including the basis of and current
status of any complaint under active investigation that has been assigned
by the executive director to a person authorized by the board to pursue
legal action. 

SECTION 3.  Amends Section 160.052, Occupations Code, to delete existing
text pertaining to a notice of claim letter.  Requires the insurer to
provide the report of certain specific information, including with respect
to settlement of a claim without the filing of lawsuit of settlement of a
lawsuit made on behalf of the insured involving damages relating to the
insured's conduct in providing or failing to provide a medical or health
care service. 

SECTION 4.  Amends Section 160.053(a), Occupations Code, to require the
insurer, not later than the 30th day after the date an insurer  receives
from an insured a complaint filed in a lawsuit, the date of a settlement of
a claim without the filing of a lawsuit, or the date of a settlement of a
lawsuit against the insured, to furnish to the board certain specific
information.  Makes conforming changes. 

SECTION 5.  Makes application of Sections 160.052(a) and 160.053(a),
Occupations Code, as amended by this Act, prospective. 

SECTION 6.  Effective date: upon passage or September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

Deletes previously proposed SECTION 1 and adds a new SECTION 1 to add
provisions pertaining to the retention of records. 
 
SECTION 2.  Differs from the original by restoring previously deleted text
and adding provisions pertaining to complaints having been assigned to the
executive director. 

Redesignates previously proposed SECTIONS 3 and 4 as SECTIONS 5 and 6, with
amendments, and adds new SECTIONS 3 and 4, as follows. 

SECTION 3.  Deletes existing text pertaining to a notice of claim letter.
Amends  provisions pertaining to the requirement that the insurer provide
the report of certain information. 

SECTION 4.  Amends provisions pertaining to information furnished by the
insurer to the board. 

SECTION 5.  Replaces previously proposed SECTION 3 to make application of
the changes to Sections 160.052(a) and 160.053(a) prospective. 

SECTION 6.  Effective date:  No change.