By:  Capelo                                                       H.B. No. 3011



A BILL TO BE ENTITLED

AN ACT

relating to medical and health care information.                              
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 161, Health and Safety Code, is amended 
by amending Section 161.0315 to read as follows:
	(a)  The governing body of a hospital, medical organization, 
university medical school or health science center, health 
maintenance organization, extended care facility, hospital 
district, or hospital authority may form a medical peer review 
committee, as defined by Section 1.03, Medical Practice Act 
(Article 4495b, Vernon's Texas Civil Statutes), or a medical 
committee, as defined by Section 161.031, to evaluate medical and 
health care services, except as provided by this section.
	(b)  Except as provided by Subsection (d), a medical peer 
review committee or medical committee formed by the governing body 
of a hospital district may not evaluate medical and health care 
services provided by a health care facility that:
		(1)  contracts with the district to provide those 
services; and             
		(2)  has formed a medical peer review committee or 
medical committee to evaluate the services provided by the 
facility.
	(c)  A hospital district may require in a contract with a 
health care facility described by Subsection (b) a provision that 
allows the governing body of the district to appoint a specified 
number of members to the facility's medical peer review committee 
or medical committee to evaluate medical and health care services 
for which the district contracts with the facility to provide.  The 
governing body of a hospital district may receive a report from the 
facility's medical peer review committee or medical committee under 
this section in a closed meeting.  A report, information, or a 
record that the district receives from the facility related to a 
review action conducted under the terms of the contract is:
		(1)  confidential;                                                            
		(2)  not subject to disclosure under Chapter 552, 
Government Code; and      
		(3)  subject to the same confidentiality and disclosure 
requirements to which a report, information, or record of a medical 
peer review committee under Section 5.06(s), Medical Practice Act 
(Article 4495b, Vernon's Texas Civil Statutes), is subject.
	(d)  If a hospital district and a health care facility 
described by Subsection (b) do not agree on a contract provision 
described by Subsection (c), the hospital district has, with 
respect to a review action for the evaluation of medical and health 
care services provided by the facility under a contract with the 
district, a right to:
		(1)  initiate the review action;                                              
		(2)  appoint from the medical staff of the facility a 
number of members to the facility's medical peer review committee 
or medical committee equal to the number of members appointed to the 
committee by the facility to conduct the review action, without 
regard to whether the district initiates the action; and
		(3)  receive records, information, or reports from the 
medical peer review committee or medical committee related to the 
review action.
	(e)  The governing body of a hospital district may receive a 
report under Subsection (d)(3) in a closed meeting.  A report, 
information, or a record that the hospital district receives under 
Subsection (d)(3) is:
		(1)  confidential;                                                            
		(2)  not subject to disclosure under Chapter 552, 
Government Code; and      
		(3)  subject to the same confidentiality and disclosure 
requirements to which a report, information, or record of a medical 
peer review committee under Section 5.06(s), Medical Practice Act 
(Article 4495b, Vernon's Texas Civil Statutes), is subject.
	(f)  A medical peer review committee or medical committee 
formed by the governing body of a hospital district described by 
Subsection (b) shall have the right to compile a report, 
information, or record of the medical and health care services 
provided by a health care facility described by Subsection (b) and 
submit the compilation to the facility's medical peer review 
committee or medical committee.  A report, information, or a record 
compiled under this subsection is:
		(1)  confidential;                                                     
		(2)  not subject to disclosure under Chapter 552, 
Government Code; and
		(3)  subject to the same confidentiality and disclosure 
requirements to which a report, information, or record of a medical 
peer review committee under Section 5.06(s), Medical Practice Act 
(Article 4495b, Vernon's Texas Civil Statutes), is subject.
	SECTION 2.  This Act takes effect September 1, 2003.