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Amend CSSB 104 by adding the following new SECTIONS,
appropriately numbered, and renumbering the subsequent SECTIONS of
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 ___. Subsection (a), Section 160.052, 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 ___. Subsection (a), Section 160.053, Occupations
Code, is amended to read as follows:
(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, the date of a settlement of a claim without the
filing of a lawsuit, or the date of 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.
SECTION ___. Subsection (a), Section 160.052, and
Subsection (a), Section 160.053, Occupations Code, as amended by
this Act, 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 as it existed on
the date the settlement was entered into, and the law is continued
in effect for that purpose.