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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and duties of the Castro County Hospital |
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District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 1013.052 and 1013.062, Special District |
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Local Laws Code, are amended to read as follows: |
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Sec. 1013.052. NOTICE OF ELECTION. Notice [Not earlier
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than the 30th day or later than the 10th day before the date] of an |
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election of directors [, notice of the election] shall be published |
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[one time] in a newspaper of general circulation in Castro County in |
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accordance with Section 4.003, Election Code. |
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Sec. 1013.062. RECRUITMENT OF MEDICAL STAFF AND EMPLOYEES. |
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(a) The board may spend district money, enter into agreements, and |
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take other necessary action to recruit physicians and other persons |
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to serve as medical staff members or district employees, including: |
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(1) advertising and marketing; |
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(2) paying travel, recruitment, and relocation |
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expenses; |
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(3) providing a loan or scholarship to a physician or a |
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person who: |
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(A) is currently enrolled in health care |
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education courses at an institution of higher education; and |
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(B) contractually agrees to become a district |
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employee or medical staff member; and |
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(4) providing on a rent-free basis or subsidizing the |
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cost of office space or other facilities for a health care |
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professional, including a physician. |
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(b) The board may employ physicians or other health care |
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providers as the board considers necessary for the efficient |
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operation of the district. |
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(c) This section may not be construed as authorizing the |
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board to supervise or control the practice of medicine, as |
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prohibited by Subtitle B, Title 3, Occupations Code. |
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(d) The board may employ a physician and retain all or part |
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of the professional income generated by the physician for medical |
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services provided at the hospital and other health facilities owned |
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or operated by the hospital if the hospital satisfies the |
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requirements of this subchapter. |
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(e) The board shall: |
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(1) appoint a chief medical officer, who may be a |
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member of the hospital's medical staff; and |
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(2) adopt, maintain, and enforce policies to ensure |
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that a physician employed by the hospital exercises the physician's |
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independent medical judgment in providing care to patients at the |
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hospital. |
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(f) The policies adopted under this section must include: |
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(1) policies relating to: |
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(A) credentialing; |
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(B) quality assurance; |
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(C) utilization review; |
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(D) peer review; and |
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(E) medical decision-making; and |
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(2) the implementation of a complaint mechanism to |
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process and resolve complaints regarding interference or attempted |
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interference with a physician's independent medical judgment. |
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(g) For all matters relating to the practice of medicine, |
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each physician employed by the hospital under this subchapter shall |
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ultimately report to the chief medical officer of the hospital. |
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(h) The policies adopted under this section: |
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(1) must be approved by the chief medical officer of |
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the hospital; and |
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(2) shall control and prevail in the event of a |
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conflict with any other policies of a hospital under this |
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subchapter. |
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(i) The chief medical officer shall immediately report to |
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the Texas Medical Board any action or event that the chief medical |
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officer reasonably and in good faith believes constitutes a |
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compromise of the independent medical judgment of a physician in |
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caring for a patient. |
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SECTION 2. Subchapter E, Chapter 1013, Special District |
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Local Laws Code, is amended by adding Sections 1013.209 and |
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1013.210 to read as follows: |
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Sec. 1013.209. ADDITIONAL MEANS OF SECURING REPAYMENT OF |
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BONDS. In addition to the authority to issue general obligation |
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bonds and revenue bonds under this subchapter, the board may |
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provide for the security and payment of district bonds from a pledge |
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of a combination of ad valorem taxes as authorized by Section |
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1013.202 and revenue and other sources authorized by Section |
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1013.206. |
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Sec. 1013.210. USE OF BOND PROCEEDS. The district may use |
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the proceeds of bonds issued under this subchapter to pay: |
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(1) any expense the board determines is reasonable and |
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necessary to issue, sell, and deliver the bonds; |
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(2) interest payments on the bonds during a period of |
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acquisition or construction of a project or facility to be provided |
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through the bonds, not to exceed five years; |
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(3) costs related to the operation and maintenance of |
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a project or facility to be provided through the bonds: |
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(A) during an estimated period of acquisition or |
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construction, not to exceed five years; and |
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(B) for one year after the project or facility is |
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acquired or constructed; |
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(4) costs related to the financing of the bond funds, |
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including debt service reserve and contingency funds; |
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(5) costs related to the bond issuance; |
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(6) costs related to the acquisition of land or |
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interests in land for a project or facility to be provided through |
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the bonds; and |
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(7) costs of construction of a project or facility to |
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be provided through the bonds, including the payment of related |
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professional services and expenses. |
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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, 2011. |