H.B. No. 2471
relating to authorizing the Department of State Health Services to
issue a single license for multiple hospitals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 241.023, Health and Safety Code, is
amended by amending Subsection (c) and adding Subsections (c-1)
through (c-3) to read as follows:
(c) Except as provided by Subsection (c-1), the [
department may issue a license only for the premises of a hospital
and person or governmental unit named in the application.
(c-1) The department may issue one license for multiple
(1) all buildings in which inpatients receive hospital
services and inpatient services of each of the hospitals to be
included in the license are subject to the control and direction of
the same governing body;
(2) all buildings in which inpatients receive hospital
services are within a 30-mile radius of the main address of the
(3) there is integration of the organized medical
staff of each of the hospitals to be included in the license;
(4) there is a single chief executive officer for all
of the hospitals who reports directly to the governing body and
through whom all administrative authority flows and who exercises
control and surveillance over all administrative activities of the
(5) there is a single chief medical officer for all of
the hospitals who reports directly to the governing body and who is
responsible for all medical staff activities of the hospital;
(6) each building of a hospital to be included in the
license that is geographically separate from other buildings of the
same hospital contains at least one nursing unit for inpatients,
unless providing only diagnostic or laboratory services, or a
combination of diagnostic or laboratory services, in the building
for hospital inpatients; and
(7) each hospital that is to be included in the license
complies with the emergency services standards:
(A) for a general hospital, if the hospital
provides surgery or obstetrical care or both; or
(B) for a special hospital, if the hospital does
not provide surgery or obstetrical care.
(c-2) The hospital licensing director may recommend a
waiver of the requirement of Subsection (c-1)(7) for a hospital if
another hospital that is to be included in the license:
(1) complies with the emergency services standards for
a general hospital; and
(2) is in close geographic proximity to the hospital.
(c-3) The executive commissioner of the Health and Human
Services Commission shall adopt rules to implement the waiver
provision of Subsection (c-2). The rules must provide for a
determination by the department that the waiver will facilitate the
creation or operation of the hospital seeking the waiver and that
the waiver is in the best interest of the individuals served or to
be served by the hospital.
SECTION 2. Section 241.003(14), Health and Safety Code, is
SECTION 3. The change in law made by this Act applies only
to an application for a license submitted on or after the effective
date of this Act. An application for a license submitted before the
effective date of this Act is covered by the law in effect on the
date the application was submitted, and the former law is continued
in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2005.
President of the Senate Speaker of the House
I certify that H.B. No. 2471 was passed by the House on May
13, 2005, by a non-record vote.
Chief Clerk of the House
I certify that H.B. No. 2471 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
Secretary of the Senate