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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of nonprofit health corporations with |
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assistance from the Texas Rural Foundation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Subtitle F, Chapter 487, Subchapter P, |
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Government Code, is amended by adding Sections 487.714 and 487.715 |
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to read as follows: |
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Sec. 487.714. ADVISORY COMMITTEE ON NONPROFIT HEALTH |
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CORPORATIONS. (a) Texas Rural Foundation may, through the |
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assistance of a physician advisory committee, help to establish and |
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provide technical assistance to create at least one and not more |
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than 12 nonprofit health corporations as defined by Section |
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162.001(b), Occupations Code. The Rural Foundation may designate |
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geographic districts and each such district's nonprofit health |
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corporation shall be eligible to provide services to the district |
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as provided in this section. |
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(1) for the purpose of this section the Texas Rural |
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Foundation shall find an organizational entity or serve as a |
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temporary organizational entity for the establishment of a health |
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corporation as defined by Section 162.001(b), Occupations Code for |
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this purpose of this subsection. |
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(b) A nonprofit health corporation established by the |
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advisory committee under this section is authorized to provide the |
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following services: |
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(1) physician services to contracting hospitals in the |
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district covered by the nonprofit health corporation; |
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(2) peer review and quality assurance programs at a |
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contracting hospital; |
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(3) a uniform electronic medical record system that |
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satisfies interoperability standards as set by the Secretary of the |
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Department of Health and Human Services; |
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(4) health, life, and disability insurance, and |
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retirement plan benefits for physicians working at a contracting |
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hospital; |
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(5) administrative services and expertise including |
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human resources services; and |
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(6) primary care residency training programs. |
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(c) A nonprofit health corporation under this section is a |
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Health Care Entity as defined by Section 151.002, Occupations Code, |
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and any peer review or quality assurance performed or provided |
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under this section is a medical peer review action under Chapter |
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160, Occupations Code. |
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(d) A hospital or hospital district is eligible to contract |
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with a nonprofit health corporation created under this section only |
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if: |
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(1) the hospital or hospital district is in a county |
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with a population of 25,000 or less; and |
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(2) the hospital or hospital district has an active or |
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courtesy medical staff of seven or fewer physicians. |
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(e) The advisory committee created under this section may |
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accept funds through the Rural Community Facilities Program Account |
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as specified in Division A, Title I of the American Reinvestment and |
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Recovery Act to carry out the duties and functions under this |
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section. |
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Sec. 487.715. IMMUNITY FROM LIABILITY. (a) The state, |
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Office of Rural Community Affairs, Texas Rural Foundation, |
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physician advisory committee, shall be immune from civil liability |
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related to the establishment of the nonprofit health corporations |
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under Section 487.714 to the extent that such entities and persons |
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are acting in good faith and within the scope of their authority |
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under that section. |
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(b) This section does not waive any immunity of the state or |
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of a political subdivision of the state or any employee or officer. |
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(c) To the extent that this section limits the liability of |
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a governmental unit under circumstances in which the governmental |
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unit would be liable under Chapter 101, Civil Practices and |
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Remedies Code, this section controls. |
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SECTION 2. This Act takes effect September 1, 2009. |