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


Senate Research CenterC.S.S.B. 1574
78R13001 JMM-FBy: Carona
State Affairs
5/5/2003
Committee Report (Substituted)


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.  C.S.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 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 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 the
Texas Workers' Compensation Commission (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 3.  Amends Chapter 413, Subchapter E, Labor Code, by adding
Sections 413.0514 and 413.0515, as follows: 

Sec.  413.0514.  EXCHANGE OF INFORMATION WITH LICENSING ENTITIES.  (a)
Provides that this section applies only to information in the possession
of TWCC or of the Texas State Board of Medical Examiners (TSBME) or the
Texas Board of Chiropractic Examiners (TSBCE) and that relates to a person
licensed or otherwise regulated by any of those state agencies.  

(b)  Authorizes an agency listed in Subsection (a), on request or on its
own initiative, to share confidential information or other information to
which access is restricted by law with any of the other agencies listed in
Subsection (a) for investigative or enforcement purposes.   

(c)  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 an agency that provides information to TWCC under this
section does not waive a privilege or confidentiality requirement
established under law. 

(d)  Requires TWCC to maintain the confidentiality of any information
received under this section and prohibits disclosure of the information
except as necessary to further the investigation for which the information
was received. 

(e)  Requires the agencies listed in Subsection (a) to cooperate with and
assist each other when conducting an investigation by providing
information that the sending agency determines is relevant to the
investigation.  Provides that confidential information that is shared
remains confidential and any legal restriction on access to the
information remains in effect unless the sending agency approves the use
of the information by the receiving agency for enforcement purposes. 

(f)  Provides that Section 402.092 applies to information received by TWCC
under this section. 

(g)  Requires the agencies listed in Subsection (a) to provide information
to each other agency listed in Subsection (a) on all disciplinary actions
taken by the agency. 

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

SECTION 5.  Effective date:  upon passage or September 1, 2003.