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Amend CSSB 104 by adding the following appropriately numbered
sections and renumbering the sections for the bill accordingly:
SECTION _____. Section 154.054, Occupations Code, is amended
to read as follows:
Sec. 154.054. COMPLAINT INFORMATION TO HEALTH CARE ENTITY.
On written request, the board shall provide information to a health
care entity regarding:
(1) a complaint filed against a license holder that was
resolved after investigation by:
(A) a disciplinary order of the board; or
(B) an agreed settlement; and
(2) the basis of and current status of any complaint
under active investigation that has been assigned by the executive
director to a person authorized by the board to pursue legal action.
SECTION _____. Section 160.052(a), Occupations Code, is
amended to read as follows:
(a) Each insurer shall submit to the board the report or
other information described by Section 160.053 at the time
prescribed. The insurer shall provide the report or information
with respect to:
(1) a [notice of claim letter or] complaint filed
against an insured in a court, if the [notice of claim letter or]
complaint seeks damages relating to the insured's conduct in
providing or failing to provide a medical or health care service;
and
(2) settlement of a claim without the filing of a
lawsuit or settlement of a lawsuit made on behalf of the insured
involving damages relating to the insured's conduct in providing or
failing to provide a medical or health care service.
SECTION _____. Section 160.053, Occupations Code, is amended
to read as follows:
Sec. 160.053. CONTENTS OF REPORT; ADDITIONAL INFORMATION.
(a) Not later than the 30th day after the date an insurer receives
from an insured a [notice of claim letter or] complaint filed in a
lawsuit, a settlement of a claim without the filing of a lawsuit, or
a settlement of a lawsuit against the [from an] insured, the insurer
shall furnish to the board:
(1) the name of the insured and the insured's Texas
medical license number;
(2) the policy number; [and]
(3) a copy of the [notice of claim letter or] complaint
or settlement; and
(4) a copy of any expert report filed under Section
13.01, Medical Liability and Insurance Improvement Act of Texas
(Article 4590i, Vernon's Texas Civil Statutes).
(b) The board, in consultation with the commissioner, shall
adopt rules for reporting additional information as the board
requires. In adopting the rules, the board shall consider other
claim reports required under state and federal statutes in
determining the information to be reported, form of the report, and
frequency of reporting. The rules adopted by the board under this
subsection must require that the following additional [Additional]
information be reported [the board requires may include]:
(1) the date of a judgment, dismissal, or settlement;
(2) whether an appeal has been taken and by which
party; and
(3) the amount of the settlement or judgment against
the insured.
SECTION _____. The changes in law made by this Act by the
amendment of Sections 160.052(a) and 160.053, Occupations Code,
apply only to a settlement entered into on or after the effective
date of this Act. A settlement entered into before the effective
date of this Act is governed by the law in effect on the date the
settlement was entered into, and the former law is continued in
effect for that purpose.