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.