SRC-JEC, TJG, LBB, AMY, VRA S.B. 1574 78(R)BILL ANALYSIS


Senate Research CenterS.B. 1574
By: Carona
State Affairs
6/16/2003
Enrolled


DIGEST AND PURPOSE 

Under current law, the Texas Workers' Compensation Commission (TWCC) is
required to work with both the Texas State Board of Medical Examiners
(TSBME) and the Texas State Board of Chiropractic Examiners (TSBCE) to
regulate certain health care providers.  S.B. 1574 provides
confidentiality protections for TWCC, TSBME, and TSBCE in order for each
of them to exchange information relating to ongoing investigations. 

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 Subsection (b), Section 413.0511(b), Labor Code, by
amending Subsection (b)(6) to make a conforming change.  Deletes current
text relating to disciplinary actions imposed on certain individuals.  

SECTION 2.  Amends Subsection (d), Section 413.0512, Labor Code, to
provide that a person who serves on the medical quality review panel is
immune from suit and from civil liability, rather than is not liable in a
civil action, for an act performed, or a recommendation made, within the
scope of the person's functions as a member of the panel if the person
acts without malice and in the reasonable belief that the action or
recommendation is warranted by the facts known to that person.  Entitles a
member of the panel, in the event of a civil action brought against the
person that arises from the person's participation on the panel, to the
same protections afforded a Texas Workers' Compensation Commission (TWCC)
member under Section 402.010. 

SECTION 3.  Amends Section 413.0513, Labor Code, as follows:

Sec.  413.0513.  CONFIDENTIALITY REQUIREMENTS.  (a)  Provides that
information collected, assembled, or maintained by or on behalf of TWCC
under Section 413.0511 or 413.0512 constitutes an investigation file for
purposes of Section 402.092 and prohibits disclosure under Section
413.0511 or 413.0512 except as provided by that section.  Deletes text
regarding the disclosure of information collected or assembled relating to
confidentiality requirements in certain criminal proceedings and hearings.

(b)  Provides that confidential information, and other information to
which access is restricted by law, developed by or on behalf of TWCC under
Section 413.0511 or 413.0512 is not subject to discovery or court subpoena
in certain actions. 

SECTION 4.  Amends Subchapter E, Chapter 413, Labor Code, by adding
Sections 413.0514 and 413.0515, as follows: 

Sec.  413.0514.  INFORMATION SHARING WITH OCCUPATIONAL LICENSING  BOARDS.
(a)  Provides that this section applies only to information held by or for
TWCC, the Texas State Board of Medical Examiners (TSBME), and Texas Board
of Chiropractic Examiners (TBCE) that relates to a person who is licensed
or otherwise regulated by any of those state agencies.  

(b)  Authorizes TWCC or TSBME, on request or on its own initiative, to
share with each other confidential information or information to which
access is otherwise restricted by law.  Requires TWCC and TSBME to
cooperate with and assist each other when either agency is conducting an
investigation by providing information to each other that the sending
agency determines is relevant to the investigation.  Provides that, except
as provided by this section, confidential information that is shared under
this section remains confidential under law and legal restrictions on
access to the information remain in effect.  Provides that furnishing
information by the TSBME to TWCC or by TWCC to TSBME under this subsection
does not constitute a waiver of privilege or confidentiality as
established by law. 

(c)  Provides that information that is received by TWCC from TSBME or by
TSBME from TWCC remains confidential, prohibits its disclosure by TWCC
except as necessary to further the investigation, and requires its
exemption from disclosure under Sections 402.092 and 413.0513. 

(d) Authorizes TWCC or TBCE, on request or on its own initiative, to share
with each other confidential information or information to which access is
otherwise restricted by law.  Requires TWCC and TBCE to cooperate with and
assist each other when either agency is conducting an investigation by
providing information to each other that is relevant to the investigation.
Provides that, except as provided by this section, confidential
information that is shared under this section remains confidential under
law and legal restrictions on access to the information remain in effect
unless the agency sharing the information approves use of the information
by the receiving agency for enforcement purposes.  Provides that
furnishing information by the TBCE to TWCC or by TWCC to TBCE under this
subsection does not constitute a waiver of privilege or confidentiality as
established by law. 

(e)  Provides that information that is received by TWCC from TBCE or by
TBCE remains confidential, and prohibits its disclosure by TWCC except as
necessary to further the investigation unless the agency sharing the
information and the agency receiving the information agree to use of the
information by the receiving agency for enforcement purposes. 

(f)  Requires TWCC and TSBME to provide information to each other on all
disciplinary actions taken. 

(g)  Requires TWCC and TBCE to provide information to each other on all
disciplinary actions taken. 

Sec.  413.0515.  REPORTS OF PHYSICIAN AND CHIROPRACTOR VIOLATIONS. (a)
Requires TWCC or TSBME to report certain acts or omissions of physicians
to the other agency. 

(b)  Requires TWCC or TSBCE to report certain acts or omissions of
chiropractors to the other agency. 

SECTION 5.  Amends Subsection (a), Section 160.006, Occupations Code, to
add TWCC to the list of entities to which TSBME is authorized to disclose
information. 

 SECTION 6.  Amends Section 408.047, Labor Code, to provide that the state
average weekly wage for the fiscal year beginning September 1, 2003, and
ending August 31, 2004, is $537, and for the fiscal year beginning
September 1, 2004, and ending August 31, 2005, is $539.  Deletes a
provision that the state average weekly wage equals the annual average of
the average weekly wage of manufacturing production workers in this state,
as determined by the Texas Employment Commission. 

SECTION 7.  Makes application of Subsection (d), Section 413.0512, Labor
Code, as amended by this Act, retroactive. 

SECTION 8.   (a)  Makes application of this Act to certain information
retroactive. 

(b)  Effective date:  upon passage or September 1, 2003.