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


Senate Research CenterC.S.S.B. 1029
77R11650 MCK-DBy: Lindsay
Health & Human Services
4/24/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, the governing body of a hospital, hospital district, HMO,
medical organization, university medical center or health science center to
receive certain records in closed session and make those records
confidential.  C.S.S.B.  extends this confidentiality to the compliance
officer of a hospital district, hospital authority public hospital and
state owned teaching hospital. 

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 are confidential and are not
subject to court subpoena. 

(b)  Authorizes, notwithstanding Section 551.002, Government Code, the
following proceedings to be held in a closed meeting following the
procedures prescribed by Subchapter E, Chapter 551 Government Code: 

(1)  a proceeding of a medical peer review committee, as defined by Section
151.002 (Definitions), Occupations Code, or medical committee; or  

(2)  a meeting of the governing body of a public hospital, hospital
district, hospital authority, or 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 or medical peer
review committee, or compliance officer. 

(c)  Provides that records, information, or reports of a medical committee,
medical peer review committee, or compliance officer and records,
information, or reports provided by a medical committee, or medical peer
review committee or compliance officer to the governing body of a public
hospital, hospital district, or  hospital authority, are not subject to
disclosure under Chapter 552 (Public Information), Government Code. 

(d)  Provides that the records and proceedings 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, or 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 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. 

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.


SUMMARY OF COMMITTEE CHANGES

SECTION 1.  Amends As Filed S.B. by deleting the proposed language in
Section 161.032(a), further amending Section 161.032(b), and adding
hospital authority, hospital district, or state-owned teaching hospital to
the proposed Act.   

Deletes proposed language in Subsection (g) in its entirety.

SECTION 2.  No change.

SECTION 3.  No change.