By George                                             H.B. No. 3576
         77R5826 MCK-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the confidentiality of certain information maintained
 1-3     by certain health care providers.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 161.032, Health and Safety Code, is
 1-6     amended to read as follows:
 1-7           Sec. 161.032.  RECORDS AND PROCEEDINGS CONFIDENTIAL. (a)  The
 1-8     records and proceedings of a medical committee and the records,
 1-9     information, and reports of a compliance officer of a hospital,
1-10     hospital district, hospital authority, health maintenance
1-11     organization, medical organization, or university medical center or
1-12     health science center are confidential and are not subject to court
1-13     subpoena.
1-14           (b)  A proceeding of a medical peer review committee, as
1-15     defined by Section 151.002, Occupations Code [1.03, Medical
1-16     Practice Act (Article 4495b, Vernon's Texas Civil Statutes)], or
1-17     medical committee, or a meeting of the governing body of a public
1-18     hospital, hospital district, [or] hospital authority, or health
1-19     maintenance organization of a hospital district at which the
1-20     governing body receives records, information, or reports provided
1-21     by a medical committee or medical peer review committee, or at
1-22     which the governing body receives records, information, and reports
1-23     of a compliance officer is not subject to Chapter 551, Government
1-24     Code.
 2-1           (c)  Records, information, or reports of a medical committee
 2-2     or medical peer review committee and records, information, or
 2-3     reports provided by a medical committee or medical peer review
 2-4     committee to the governing body of a public hospital, hospital
 2-5     district, [or] hospital authority, or health maintenance
 2-6     organization of a hospital district are not subject to disclosure
 2-7     under Chapter 552, Government Code.  Records, information, and
 2-8     reports of a compliance officer provided to the chief executive
 2-9     officer or governing body of a public hospital, hospital district,
2-10     hospital authority, or health maintenance organization of a
2-11     hospital district are not subject to disclosure under Chapter 552,
2-12     Government Code.
2-13           (d) [(b)]  The records and proceedings of a medical committee
2-14     may be used by the committee and the committee members only in the
2-15     exercise of proper committee functions.
2-16           (e)  The records, information, and reports received and
2-17     maintained by a compliance officer retain the protection provided
2-18     by this section only if the records, information, and reports are
2-19     received and maintained in the exercise of a proper function of the
2-20     compliance officer as provided by the office of the Inspector
2-21     General of the United States Health and Human Services Department.
2-22           (f) [(c)]  Except as provided by Subsection (g), this [This]
2-23     section and Subchapter A, Chapter 160, Occupations Code [Section
2-24     5.06, Medical Practice Act (Article 4495b, Vernon's Texas Civil
2-25     Statutes)], do not apply to records made or maintained in the
2-26     regular course of business by a hospital, health maintenance
2-27     organization, medical organization, university medical center or
 3-1     health science center, hospital district, hospital authority, or
 3-2     extended care facility.
 3-3           (g)  This section applies to records, information, and
 3-4     reports of a compliance officer of a hospital, hospital district,
 3-5     hospital authority, health maintenance organization, medical
 3-6     organization, or university medical center or health science center
 3-7     whether or not the records, information, and reports are maintained
 3-8     in the regular course of business.
 3-9           SECTION 2.  The heading to Subchapter D, Chapter 161, Health
3-10     and Safety Code, is amended to read as follows:
3-11              SUBCHAPTER D.  MEDICAL COMMITTEES, [AND] MEDICAL
3-12               PEER REVIEW COMMITTEES, AND COMPLIANCE OFFICERS
3-13           SECTION 3. This Act takes effect September 1, 2001.