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A BILL TO BE ENTITLED
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AN ACT
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relating to certain complaints filed with the Texas Medical Board |
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against a physician. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 154, Occupations Code, is |
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amended by adding Section 154.0535 to read as follows: |
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Sec. 154.0535. COMPLAINTS FILED BY INSURERS OR INSURANCE |
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AGENTS. (a) In this section: |
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(1) "Insurance agent" means a person licensed under |
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Chapter 4054, Insurance Code. |
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(2) "Insurer" means an insurance company or other |
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entity authorized to engage in the business of insurance under |
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Subtitle C, Title 6, Insurance Code. |
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(b) Notwithstanding any confidentiality requirements |
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adopted under Chapter 552, Government Code, this subtitle, or rules |
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adopted under this subtitle, a complaint filed with the board by an |
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insurance agent or insurer against a physician may not be filed |
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anonymously. Not later than the fifth day after the date on which |
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the complaint is filed with the board, the board shall notify the |
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physician who is the subject of the complaint of the name and |
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address of the insurance agent or insurer who filed the complaint. |
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(c) The board shall adopt rules as necessary to implement |
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this section. |
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(d) Failure by an insurance agent or insurer to comply with |
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the requirements of Subsection (b) or rules adopted by the board |
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under this section constitutes grounds for the imposition of |
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sanctions by the commissioner of insurance under Chapter 82, |
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Insurance Code. |
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SECTION 2. The change in law made by this Act applies only |
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to a complaint filed with the Texas Medical Board on or after the |
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effective date of this Act. A complaint filed before that date is |
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governed by the law as it existed immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |