By: Harris S.B. No. 595
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to information regarding certain complaints filed with the
1-3 Texas State Board of Medical Examiners and related settlements.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 154.052, Occupations Code, is amended to
1-6 read as follows:
1-7 Sec. 154.052. RECORDS OF COMPLAINTS. (a) The board shall
1-8 keep an information file about each complaint filed with the board.
1-9 The information file must be kept current and contain a record for
1-10 each complaint of:
1-11 (1) each potential witness contacted in relation to
1-12 the complaint;
1-13 (2) a summary of findings made at each step of the
1-14 complaint process;
1-15 (3) an explanation of the legal basis and reason for
1-16 the dismissal of a complaint;
1-17 (4) the schedule for the disposition of the complaint
1-18 prepared as required under Section 154.056 and a notation of any
1-19 change in the schedule; and
1-20 (5) other relevant information.
1-21 (b) If a complaint is closed with no disciplinary or
1-22 rehabilitative action taken, the board shall retain a record of the
1-23 complaint and shall delete the identity of the license holder
1-24 against whom the complaint was filed 10 years from the date of the
1-25 closure of the complaint.
2-1 SECTION 2. Section 154.054, Occupations Code, is amended to
2-2 read as follows:
2-3 Sec. 154.054. COMPLAINT INFORMATION TO HEALTH CARE ENTITY.
2-4 On written request, the board shall provide information to a health
2-5 care entity regarding:
2-6 (1) a complaint filed against a license holder that
2-7 was resolved after investigation by:
2-8 (A) a disciplinary order of the board; or
2-9 (B) an agreed settlement; and
2-10 (2) the basis of and current status of any complaint
2-11 under active investigation that has been assigned by the executive
2-12 director to a person authorized by the board to pursue legal
2-13 action.
2-14 SECTION 3. Subsection (a), Section 160.052, Occupations
2-15 Code, is amended to read as follows:
2-16 (a) Each insurer shall submit to the board the report or
2-17 other information described by Section 160.053 at the time
2-18 prescribed. The insurer shall provide the report or information
2-19 with respect to:
2-20 (1) a [notice of claim letter or] complaint filed
2-21 against an insured in a court, if the [notice of claim letter or]
2-22 complaint seeks damages relating to the insured's conduct in
2-23 providing or failing to provide a medical or health care service;
2-24 and
2-25 (2) settlement of a claim without the filing of a
2-26 lawsuit or settlement of a lawsuit made on behalf of the insured
3-1 involving damages relating to the insured's conduct in providing or
3-2 failing to provide a medical or health care service.
3-3 SECTION 4. Subsection (a), Section 160.053, Occupations
3-4 Code, is amended to read as follows:
3-5 (a) Not later than the 30th day after the date an insurer
3-6 receives from an insured a [notice of claim letter or] complaint
3-7 filed in a lawsuit, the date of a settlement of a claim without the
3-8 filing of a lawsuit, or the date of a settlement of a lawsuit
3-9 against the [from an] insured, the insurer shall furnish to the
3-10 board:
3-11 (1) the name of the insured and the insured's Texas
3-12 medical license number;
3-13 (2) the policy number; and
3-14 (3) a copy of the [notice of claim letter or]
3-15 complaint or settlement.
3-16 SECTION 5. Subsection (a), Section 160.052, and Subsection
3-17 (a), Section 160.053, Occupations Code, as amended by this Act,
3-18 apply only to a settlement entered into on or after the effective
3-19 date of this Act. A settlement entered into before the effective
3-20 date of this Act is governed by the law as it existed on the date
3-21 the settlement was entered into, and the law is continued in effect
3-22 for that purpose.
3-23 SECTION 6. This Act takes effect immediately if it receives
3-24 a vote of two-thirds of all the members elected to each house, as
3-25 provided by Section 39, Article III, Texas Constitution. If this
3-26 Act does not receive the vote necessary for immediate effect, this
4-1 Act takes effect September 1, 2001.