SRC-TBR S.B. 1029 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1029
77R5826 MCK-FBy: Lindsay
Health & Human Services
3/19/2001
As Filed


DIGEST AND PURPOSE 

Currently, the governing body of certain health organizations can receive
records in closed session and make those records confidential and not
subject to court subpoena.  The current statute does not make confidential
those records that are kept by a compliance officer in the regular course
of business in the exercise of functions specified by the Office of
Inspector General of the United States Health and Human Services
Department.  As proposed, S.B. 1029 enlarges the scope of confidentiality
provisions to include records kept by a compliance officer of certain
health organizations. 

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 161.032, Health and Safety Code, as follows:

Sec. 161.032.  RECORDS AND PROCEEDINGS CONFIDENTIAL. (a)  Provides that the
records and proceedings of a medical committee and the records,
information, and reports of a compliance officer of a hospital, hospital
district, hospital authority, health maintenance organization, medical
organization, or university medical center or health science center are
confidential and are not subject to court subpoena. 

(b)  A proceeding of a medical peer review committee, as defined by Section
151.002 (Definitions), Occupations Code, or medical committee, or a meeting
of the governing body of a public hospital, hospital district, hospital
authority, or health maintenance organization of a hospital district at
which the governing body receives records, information, or reports provided
by a medical committee or medical peer review committee, or at which the
governing body receives records, information, and reports of a compliance
officer is not subject to Chapter 551 (Open Meetings), Government Code.
Deletes language regarding the Medical Practice Act. 

(c)  Provides that records, information, and reports of a compliance
officer provided to the chief executive officer or governing body of a
public hospital, hospital district, hospital authority, or health
maintenance organization of a hospital district are not subject to
disclosure under Chapter 552 (Public Information), Government Code. Makes
conforming changes. 

(d)  Provides that the records and proceedings of a medical committee may
be used by the committee and the committee members only in the exercise of
proper committee functions. 

(e)  Provides that the records, information, and reports received and
maintained by a compliance officer retain the protection provided by this
section only if the records,  information, and reports are received and
maintained in the exercise of a proper function of the compliance officer
as provided by the office of the Inspector General of the United States
Health and Human Services Department. 

 (f)  Provides that except as provided by Subsection (g), this section and
Chapter 160A (Requirements Relating to Medical Peer Review) Occupations
Code, do not apply to records made or maintained in the regular course of
business by a hospital, health maintenance organization, medical
organization, university medical center or health science center, hospital
district, hospital authority, or extended care facility.  Deletes language
regarding the Medical Practice Act. 

(g)  Provides that this section applies to records, information, and
reports of a compliance officer of a hospital, hospital district, hospital
authority, health maintenance organization, medical organization, or
university medical center or health science center whether or not the
records, information, and reports are maintained in the regular course of
business. 

SECTION 2.  Amends the heading to  Chapter 161D, Health and Safety Code, to
read as follows: 

SUBCHAPTER D.  MEDICAL COMMITTEES, MEDICAL
PEER REVIEW COMMITTEES, AND COMPLIANCE OFFICERS

SECTION 3.  Effective date: September 1, 2001.