|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the employment of physicians by certain hospitals. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Chapter 311, Health and Safety Code, is amended |
|
by adding Subchapter E to read as follows: |
|
SUBCHAPTER E. EMPLOYMENT OF PHYSICIANS BY CERTAIN HOSPITALS |
|
Sec. 311.061. APPLICABILITY OF SUBCHAPTER. This subchapter |
|
applies only to a hospital that: |
|
(1) is designated as a critical access hospital under |
|
the authority of and in compliance with 42 U.S.C. Section 1395i-4; |
|
(2) is a sole community hospital, as that term is |
|
defined by 42 U.S.C. Section 1395ww(d)(5)(D)(iii); or |
|
(3) is located in a county with a population of 50,000 |
|
or less. |
|
Sec. 311.062. EMPLOYMENT OF PHYSICIAN PERMITTED. (a) A |
|
hospital may employ a physician and retain all or part of the |
|
professional income generated by the physician for medical services |
|
provided at the hospital. |
|
(b) A hospital located in a county with a population of |
|
50,000 or less may continue to employ any physicians employed by the |
|
hospital on or before the date of release of a federal decennial |
|
census that shows the county's population exceeds 50,000. The |
|
hospital may not employ a new physician after that date. |
|
Sec. 311.063. HOSPITAL POLICIES. (a) A hospital shall |
|
adopt and maintain policies to ensure that a physician employed |
|
under this subchapter whose professional income is retained under |
|
Section 311.062 exercises the physician's independent medical |
|
judgment in providing care to patients at the hospital. |
|
(b) The policies adopted under this section must include |
|
policies relating to: |
|
(1) credentialing; |
|
(2) quality assurance; |
|
(3) utilization review; |
|
(4) peer review; |
|
(5) medical decision-making; and |
|
(6) due process. |
|
Sec. 311.064. CREDENTIALING AND PRIVILEGES. (a) A |
|
physician employed by a hospital is subject to the same standards |
|
and procedures regarding credentialing, peer review, quality of |
|
care, and privileges as a physician not employed by the hospital. |
|
(b) A hospital shall give equal consideration regarding the |
|
issuance of credentials and privileges to physicians employed by |
|
the hospital and physicians not employed by the hospital. |
|
Sec. 311.065. OTHER HOSPITAL-PHYSICIAN RELATIONSHIPS. |
|
This subchapter may not be construed as altering, voiding, or |
|
prohibiting any relationship between a hospital and a physician, |
|
including a contract or arrangement with an approved nonprofit |
|
health corporation that is certified under Section 162.001(b), |
|
Occupations Code, and that holds a certificate of authority issued |
|
under Chapter 844, Insurance Code. |
|
SECTION 2. This Act takes effect September 1, 2009. |