1-1 By: Harris S.B. No. 595
1-2 (In the Senate - Filed February 8, 2001; February 12, 2001,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; March 20, 2001, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 8, Nays 0;
1-6 March 20, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 595 By: Harris
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to information regarding certain complaints filed with the
1-11 Texas State Board of Medical Examiners and related settlements.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 154.052, Occupations Code, is amended to
1-14 read as follows:
1-15 Sec. 154.052. RECORDS OF COMPLAINTS. (a) The board shall
1-16 keep an information file about each complaint filed with the board.
1-17 The information file must be kept current and contain a record for
1-18 each complaint of:
1-19 (1) each potential witness contacted in relation to
1-20 the complaint;
1-21 (2) a summary of findings made at each step of the
1-22 complaint process;
1-23 (3) an explanation of the legal basis and reason for
1-24 the dismissal of a complaint;
1-25 (4) the schedule for the disposition of the complaint
1-26 prepared as required under Section 154.056 and a notation of any
1-27 change in the schedule; and
1-28 (5) other relevant information.
1-29 (b) If a complaint is closed with no disciplinary or
1-30 rehabilitative action taken, the board shall retain a record of the
1-31 complaint and shall delete the identify of the license holder
1-32 against whom the complaint was filed 10 years from the date of the
1-33 closure of the complaint.
1-34 SECTION 2. Section 154.054, Occupations Code, is amended to
1-35 read as follows:
1-36 Sec. 154.054. COMPLAINT INFORMATION TO HEALTH CARE ENTITY.
1-37 On written request, the board shall provide information to a health
1-38 care entity regarding:
1-39 (1) a complaint filed against a license holder that
1-40 was resolved after investigation by:
1-41 (A) a disciplinary order of the board; or
1-42 (B) an agreed settlement; and
1-43 (2) the basis of and current status of any complaint
1-44 under active investigation that has been assigned by the executive
1-45 director to a person authorized by the board to pursue legal
1-46 action.
1-47 SECTION 3. Subsection (a), Section 160.052, Occupations
1-48 Code, is amended to read as follows:
1-49 (a) Each insurer shall submit to the board the report or
1-50 other information described by Section 160.053 at the time
1-51 prescribed. The insurer shall provide the report or information
1-52 with respect to:
1-53 (1) a [notice of claim letter or] complaint filed
1-54 against an insured in a court, if the [notice of claim letter or]
1-55 complaint seeks damages relating to the insured's conduct in
1-56 providing or failing to provide a medical or health care service;
1-57 and
1-58 (2) settlement of a claim without the filing of a
1-59 lawsuit or settlement of a lawsuit made on behalf of the insured
1-60 involving damages relating to the insured's conduct in providing or
1-61 failing to provide a medical or health care service.
1-62 SECTION 4. Subsection (a), Section 160.053, Occupations
1-63 Code, is amended to read as follows:
1-64 (a) Not later than the 30th day after the date an insurer
2-1 receives from an insured a [notice of claim letter or] complaint
2-2 filed in a lawsuit, the date of a settlement of a claim without the
2-3 filing of a lawsuit, or the date of a settlement of a lawsuit
2-4 against the [from an] insured, the insurer shall furnish to the
2-5 board:
2-6 (1) the name of the insured and the insured's Texas
2-7 medical license number;
2-8 (2) the policy number; and
2-9 (3) a copy of the [notice of claim letter or]
2-10 complaint or settlement.
2-11 SECTION 5. Subsection (a), Section 160.052, and Subsection
2-12 (a), Section 160.053, Occupations Code, as amended by this Act,
2-13 apply only to a settlement entered into on or after the effective
2-14 date of this Act. A settlement entered into before the effective
2-15 date of this Act is governed by the law as it existed on the date
2-16 the settlement was entered into, and the law is continued in effect
2-17 for that purpose.
2-18 SECTION 6. This Act takes effect immediately if it receives
2-19 a vote of two-thirds of all the members elected to each house, as
2-20 provided by Section 39, Article III, Texas Constitution. If this
2-21 Act does not receive the vote necessary for immediate effect, this
2-22 Act takes effect September 1, 2001.
2-23 * * * * *