| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the employment of physicians by certain hospitals |
|
|
associated with nonprofit fraternal organizations. |
|
|
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 |
|
|
ASSOCIATED WITH NONPROFIT FRATERNAL ORGANIZATIONS |
|
|
Sec. 311.061. APPLICABILITY OF SUBCHAPTER. This subchapter |
|
|
applies only to a hospital that employs or seeks to employ a |
|
|
physician, that primarily provides medical care to children younger |
|
|
than 18 years of age, and that: |
|
|
(1) is owned or operated by a nonprofit fraternal |
|
|
organization; or |
|
|
(2) has a governing body the majority of members of |
|
|
which belong to a nonprofit fraternal organization. |
|
|
Sec. 311.062. EMPLOYMENT OF PHYSICIANS 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 if the hospital satisfies the requirements |
|
|
of this subchapter. |
|
|
(b) The billing and receipt of third-party reimbursement |
|
|
for medical care at a hospital does not affect the authority granted |
|
|
to the hospital under this section. |
|
|
Sec. 311.063. HOSPITAL DUTIES AND POLICIES. (a) A |
|
|
hospital that employs physicians under this subchapter shall: |
|
|
(1) appoint a chief medical officer, who may be a |
|
|
member of the hospital's medical staff; and |
|
|
(2) adopt, maintain, and enforce policies to ensure |
|
|
that a physician employed by the hospital exercises the physician's |
|
|
independent medical judgment in providing care to patients at the |
|
|
hospital. |
|
|
(b) The policies adopted under this section must include: |
|
|
(1) policies relating to: |
|
|
(A) credentialing; |
|
|
(B) quality assurance; |
|
|
(C) utilization review; |
|
|
(D) peer review; 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. |
|
|
(c) The policies adopted under this section: |
|
|
(1) must be approved by the chief medical officer of |
|
|
the hospital; and |
|
|
(2) shall control and prevail in the event of a |
|
|
conflict with any other policies of a hospital under this |
|
|
subchapter. |
|
|
(d) For all matters relating to the practice of medicine, |
|
|
each physician employed by a hospital under this subchapter shall |
|
|
ultimately report to the chief medical officer of the hospital. |
|
|
(e) 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. |
|
|
Sec. 311.064. CONSTRUCTION OF SUBCHAPTER. This subchapter |
|
|
may not be construed as authorizing the governing body of a hospital |
|
|
to supervise or control the practice of medicine as prohibited |
|
|
under Subtitle B, Title 3, Occupations Code. |
|
|
SECTION 2. 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. |
|
|
|
|
|
* * * * * |