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.