C.S.H.B. 2985 78(R)    BILL ANALYSIS


C.S.H.B. 2985
By: Capelo
Public Health
Committee Report (Substituted)

   
BACKGROUND AND PURPOSE 

There is a growing concern among legislators, stakeholders, and the public
that patients have little knowledge or assistance navigating the various
compliant and appeals processes at the various state health licensing
boards.   Numerous newspaper articles in the past year have highlighted
the need for public assistance when pursuing a complaint at a health
licensing board.  

As a result of the growing concern, an interim study on disciplinary
actions taken by these boards was preformed by the House Committee on
Public Health.  Additionally,  members of the House Appropriations
Committee and the Senate Finance Committee have expressed a growing
interest in ensuring that members of the public have assistance when
filing a compliant with a health licensing board. 

In order to address this issue, this bill establishes the Office of
Patient Protection.  The Office is to be administered by the Health
Professions Council.  The mission of this office is to provide the public
with assistance and information regarding healthcare compliant processes.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

The bill establishes the Office of Patient Protection.  The bill provides
for information to be provided to the public from agencies.  The bill
outlines the assistance that the Office shall provide to the public
including compliant forms.  The bill requires the Office to monitor the
rulemaking of the various health licensing agencies.  The bill provides
for the funding of the Office.  

EFFECTIVE DATE

September 1, 2003

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original in that provides the Office with
authority to serve as an ombudsman with consumers and assist consumers
with obtaining information with a compliant.  The substitute authorizes
the Office to appeal decisions of a licensing agency on behalf of a class
of, but not individual complainants.  The substitute clarifies the
confidentiality requirements of the office.