SRC-JEC S.B. 1684 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1684
78R6846 AJA-DBy: Gallegos
State Affairs
4/4/2003
As Filed


DIGEST AND PURPOSE 

Currently, plaintiffs are required to give notice to a physician before
filing a lawsuit.  The physician then reports to the Texas State Board of
Medical Examiners (TSBME) any notice of claim letters and complaints, as
well as information on settled cases; insurance companies and the Texas
Department of Insurance (TDI) then receive and process the information.
The need has emerged to differentiate between claims notices received, and
claims that turn into lawsuits.  As proposed, S.B. 1684 requires insurers
to report to the commissioner of insurance and TSBME specifics regarding
the number of notice of claims letters and the number of claims for which
a lawsuit has been filed against a physician or health care provider.  TDI
and TSBME would then report the information to the legislature.   

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 Subchapter B, Chapter 5, Insurance Code, by adding
Article 5.15-6, as follows: 

Art. 5.15-6.  REPORT OF CLAIMS UNDER PROFESSIONAL LIABILITY INSURANCE
POLICIES FOR PHYSICIANS AND HEALTH CARE PROVIDERS.  (a) Requires an
insurer that writes professional liability insurance for physicians and
health care providers, on or before November 1 of each year, to provide
the commissioner of insurance (commissioner) with certain specific
information for the preceding year. 

(b)  Requires an insurer, at the same time the insurer provides
information to the commissioner under Subsection (a), to report certain
information to the Texas State Board of Medical Examiners.  

(c)  Requires the commissioner and the Texas State Board of Medical
Examiners, on or before January 1 of each year, to submit a report to the
legislature including all the information provided them by insurers. 

SECTION 2.  Effective date:  September 1, 2003.