HBA-KDB S.B. 1029 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1029
By: Lindsay
Public Health
5/15/2001
Engrossed



BACKGROUND AND PURPOSE 

Under current law, a proceeding of a medical peer review committee or
medical committee or a meeting of the governing body of a public hospital,
hospital district, or hospital authority may be held in a closed meeting.
In addition, records, information, or reports of and provided by a medical
committee or medical peer review committee are not subject to disclosure.
Senate Bill 1029 provides that a meeting of the governing body of a health
maintenance organization of a public hospital, hospital authority, hospital
district, or state-owned teaching hospital may also be held in a closed
meeting, and provides that records, information, or reports of and provided
by a compliance officer are also not subject to disclosure. 

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

Senate Bill 1029 amends the Health and Safety Code to provide that a
meeting of the governing body of a health maintenance organization of a
public hospital, hospital authority, hospital district, or state-owned
teaching hospital at which the governing body receives records,
information, or reports provided by a medical committee, medical peer
committee, or compliance officer may be held in a closed meeting following
the procedures relating to lawfully closed meetings.  The bill provides
that records, information, or reports (records) of a compliance officer and
those provided by a compliance officer to the governing body of a public
hospital, hospital district, or hospital authority are not subject to
disclosure as public information.   The records received or maintained by a
compliance officer retain the protection from disclosure only if the
records are received, created, or maintained in the exercise of a proper
function of the compliance officer as provided by the Office of Inspector
General of the United States Department of Health and Human Services. 

EFFECTIVE DATE

September 1, 2001.