SRC-TJG S.B. 702 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 702
By: Harris
Health & Human Services
3/6/2003
As Filed


DIGEST AND PURPOSE 

Currently, the Texas State Board of Medical Examiners is required to
provide physician complaint information to a health care entity.  As
proposed, S.B. 702 limits the release of physician complaint reports to
instances where there is a negative finding against a physician. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 154.052, Occupations Code,  to require the
Texas State Board of Medical Examiners (TSBME) to retain a record of the
complaint and delete the identity of the license holder against whom the
complaint was filed 10 years from the date of the closure of the
complaint, if a complaint is closed with no disciplinary or rehabilitative
action taken.  Makes a nonsubstantive change. 

SECTION 2.  Amends Section 154.054, Occupations Code, to require TSBME to
provide information to a health care entity regarding 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 TSBME to
pursue legal action. 

SECTION 3.  Amends Section 160.052(a), Occupations Code, to delete the
report or information with respect to a  notice of a claim letter from the
items an insurer is required to provide TSBME. Requires the insurer to
provide the report or information with respect to 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 4.  Amends Section 160.053(a), Occupations Code, to require the
insurer, not later than the 30th day after the date an insurer receives
from an insured a 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 insured, to furnish to TSBME certain information,
including a copy of the complaint or settlement. Makes conforming changes. 

SECTION 5.  Makes application of the changes to Sections 160.052(a) and
160.053(a) as amended by this Act prospective. 

SECTION 6.  Effective date: upon passage or September 1, 2003.