By Lucio S.B. No. 1297 77R327 AJA-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to information that a professional liability insurance 1-3 carrier or the Texas Board of Medical Examiners may require a 1-4 physician to provide. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter B, Chapter 5, Insurance Code, is 1-7 amended by adding Article 5.15-4 to read as follows: 1-8 Art. 5.15-4. PHYSICIAN NOT REQUIRED TO PROVIDE CERTAIN 1-9 INFORMATION TO INSURER. (a) In this article: 1-10 (1) "Health care liability claim" has the meaning 1-11 assigned by Section 1.03, Medical Liability and Insurance 1-12 Improvement Act of Texas (Article 4590i, Vernon's Texas Civil 1-13 Statutes). 1-14 (2) "Insurer" means any insurer who issues policies of 1-15 professional liability insurance covering physicians, including: 1-16 (A) the Texas Medical Liability Insurance 1-17 Underwriting Association established under Article 21.49-3 of this 1-18 code; 1-19 (B) a self-insurance trust operating under 1-20 Article 21.49-4 of this code; and 1-21 (C) an insurer acting as a servicing carrier for 1-22 an entity described by Paragraph (A) or (B) of this subdivision. 1-23 (3) "Physician" means a person licensed to practice 1-24 medicine in this state. 2-1 (b) An insurer may not require a physician who applies for 2-2 or seeks renewal of a professional liability policy to provide the 2-3 insurer with documents or other information relating to a health 2-4 care liability claim against the physician if a suit is filed on 2-5 the claim and: 2-6 (1) the suit is dismissed without: 2-7 (A) a settlement on the claim being made; or 2-8 (B) resolution of the claim being made through 2-9 alternative dispute resolution, including mediation or arbitration, 2-10 under which the physician becomes liable to pay money to the 2-11 claimant; or 2-12 (2) the physician is found not liable for the claim by 2-13 the court that finally adjudicates the claim. 2-14 SECTION 2. Subchapter A, Chapter 156, Occupations Code, is 2-15 amended by adding Section 156.010 to read as follows: 2-16 Sec. 156.010. APPLICANT NOT REQUIRED TO PROVIDE CERTAIN 2-17 INFORMATION. (a) In this section, "health care liability claim" 2-18 has the meaning assigned by the Medical Liability and Insurance 2-19 Improvement Act of Texas (Article 4590i, Vernon's Texas Civil 2-20 Statutes). 2-21 (b) Notwithstanding Section 156.001, the board may not 2-22 require a person who applies for registration under this chapter to 2-23 provide the board with documents or other information relating to a 2-24 health care liability claim against the person if a suit is filed 2-25 on the claim and: 2-26 (1) the suit is dismissed without: 2-27 (A) a settlement on the claim being made; or 3-1 (B) resolution of the claim being made through 3-2 alternative dispute resolution, including mediation or arbitration, 3-3 under which the physician becomes liable to pay money to the 3-4 claimant; or 3-5 (2) the person is found not liable for the claim by 3-6 the court that finally adjudicates the claim. 3-7 SECTION 3. This Act takes effect September 1, 2001.