By:  Lindsay                                          S.B. No. 1029
                                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.
 1-8     (a)  The records and proceedings of a medical committee are
 1-9     confidential and are not subject to court subpoena.
1-10           (b)  Notwithstanding Section 551.002, Government Code, the
1-11     following proceedings may be held in a closed meeting following the
1-12     procedures prescribed by Subchapter E, Chapter 551, Government
1-13     Code:
1-14                 (1)  a [A] proceeding of a medical peer review
1-15     committee, as defined by Section 151.002, Occupations Code [1.03,
1-16     Medical Practice Act (Article 4495b, Vernon's Texas Civil
1-17     Statutes)], or medical committee;[,] or
1-18                 (2)  a meeting of the governing body of a public
1-19     hospital, hospital district, [or] hospital authority, or health
1-20     maintenance organization of a public hospital, hospital authority,
1-21     hospital district, or state-owned teaching hospital at which the
1-22     governing body receives records, information, or reports provided
1-23     by a medical committee, [or] medical peer review committee, or
1-24     compliance officer [is not subject to Chapter 551, Government
1-25     Code].
 2-1           (c)  Records, information, or reports of a medical committee,
 2-2     [or] medical peer review committee, or compliance officer and
 2-3     records, information, or reports provided by a medical committee,
 2-4     [or] medical peer review committee, or compliance officer to the
 2-5     governing body of a public hospital, hospital district, or hospital
 2-6     authority are not subject to disclosure under Chapter 552,
 2-7     Government Code.
 2-8           (d) [(b)]  The records and proceedings may be used by the
 2-9     committee and the committee members only in the exercise of proper
2-10     committee functions.
2-11           (e)  The records, information, and reports received or
2-12     maintained by a compliance officer retain the protection provided
2-13     by this section only if the records, information, or reports are
2-14     received, created, or maintained in the exercise of a proper
2-15     function of the compliance officer as provided by the Office of
2-16     Inspector General of the United States Department of Health and
2-17     Human Services.
2-18           (f) [(c)]  This section and Subchapter A, Chapter 160,
2-19     Occupations Code [Section 5.06, Medical Practice Act (Article
2-20     4495b, Vernon's Texas Civil Statutes)], do not apply to records
2-21     made or maintained in the regular course of business by a hospital,
2-22     health maintenance organization, medical organization, university
2-23     medical center or health science center, hospital district,
2-24     hospital authority, or extended care facility.
2-25           SECTION 2.  The heading to Subchapter D, Chapter 161, Health
2-26     and Safety Code, is amended to read as follows:
 3-1              SUBCHAPTER D.  MEDICAL COMMITTEES, [AND] MEDICAL
 3-2               PEER REVIEW COMMITTEES, AND COMPLIANCE OFFICERS
 3-3           SECTION 3.  This Act takes effect September 1, 2001.