|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the authority of the board of directors of the Haskell |
|
County Hospital District to employ physicians and other health care |
|
providers. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 1040.057, Special District Local Laws |
|
Code, is amended to read as follows: |
|
Sec. 1040.057. EMPLOYEES. (a) The board may employ a |
|
general manager and other necessary professional and clerical |
|
personnel. |
|
(b) The board may employ health care providers other than |
|
physicians as the board considers necessary for the efficient |
|
operation of the district. |
|
(c) The board may employ physicians, but only as provided by |
|
Section 1040.0575. |
|
SECTION 2. Subchapter B, Chapter 1040, Special District |
|
Local Laws Code, is amended by adding Section 1040.0575 to read as |
|
follows: |
|
Sec. 1040.0575. EMPLOYMENT OF PHYSICIANS. (a) The board |
|
may employ a physician and retain all or part of the professional |
|
income generated by the physician for medical services provided at |
|
a hospital or other health care facility owned or operated by the |
|
district if the board satisfies the requirements of this section. |
|
(b) The board shall: |
|
(1) appoint a chief medical officer for the district |
|
who has been recommended by the medical staff of the district; and |
|
(2) adopt, maintain, and enforce policies to ensure |
|
that a physician employed by the district exercises the physician's |
|
independent medical judgment in providing care to patients. |
|
(c) The policies adopted under this section must include: |
|
(1) policies relating to: |
|
(A) credentialing and privileges; |
|
(B) quality assurance; |
|
(C) utilization review; |
|
(D) peer review and due process; and |
|
(E) medical decision-making; and |
|
(2) the implementation of a complaint mechanism to |
|
process and resolve complaints regarding interference or attempted |
|
interference with a physician's independent medical judgment. |
|
(d) The policies adopted under this section must be approved |
|
by the district medical staff. The district medical staff and the |
|
board shall jointly develop and implement a conflict management |
|
policy to resolve any conflict between a medical staff policy and a |
|
board policy. |
|
(e) For all matters relating to the practice of medicine, |
|
each physician employed by the district shall ultimately report to |
|
the chief medical officer of the district. |
|
(f) The chief medical officer shall notify the Texas Medical |
|
Board that the board is employing physicians under this section and |
|
that the chief medical officer is the board's designated contact |
|
with the Texas Medical Board. The chief medical officer shall |
|
immediately report to the Texas Medical Board any action or event |
|
that the chief medical officer reasonably and in good faith |
|
believes constitutes a compromise of the independent medical |
|
judgment of a physician in caring for a patient. |
|
(g) The board shall give equal consideration regarding the |
|
issuance of medical staff membership and privileges to physicians |
|
employed by the district and physicians not employed by the |
|
district. |
|
(h) A physician employed by the district shall retain |
|
independent medical judgment in providing care to patients and may |
|
not be disciplined for reasonably advocating for patient care. |
|
(i) If the district provides professional liability |
|
coverage for physicians employed by the district, a physician |
|
employed by the district may participate in the selection of the |
|
professional liability coverage, has the right to an independent |
|
defense at the physician's own cost, and retains the right to |
|
consent to the settlement of any action or proceeding brought |
|
against the physician. |
|
(j) If a physician employed by the district enters into an |
|
employment agreement that includes a covenant not to compete, the |
|
agreement is subject to Section 15.50, Business & Commerce Code. |
|
(k) This section applies to medical services provided by a |
|
physician at a hospital or other health care facility owned or |
|
operated by the district. |
|
(l) This section may not be construed as authorizing the |
|
board to supervise or control the practice of medicine as |
|
prohibited under Subtitle B, Title 3, Occupations Code. |
|
SECTION 3. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2011. |