BILL ANALYSIS

H.B. 1567

By: Coleman

County Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The corporate practice of medicine generally restricts the direct employment of a physician by a non-physician entity, but it is unclear as to how this applies to certain governmental entities. Currently, a nonprofit medical school, federally qualified health center, and certain nonprofit corporations are allowed to employ physicians. Moreover, legislation was recently passed that provided that a certain hospital district could engage in the direct employment of physicians. H.B. 1567 intends to clarify the authority of certain counties to appoint, contract for, or employ certain health care providers for inmates in county jails.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1567 amends the Local Government Code to authorize the commissioners court of a county with a population of 3.3 million or more to appoint, contract for, or employ licensed physicians, dentists, or other health care providers to provide health care services to inmates in the custody of the sheriff.  The bill prohibits its provisions from being construed as authorizing a commissioners court to supervise or control the practice of medicine or dentistry as prohibited by the Medical Practice Act and the Dental Practice Act.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2011.