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SECTION 1. Section 36.005,
Human Resources Code, is amended to read as follows:
(b-1) The period of
ineligibility begins on the date on which the judgment finding the provider
liable under Section 36.052 is entered by the trial court [determination
that the provider is liable becomes final].
(b-2) Subsections (b) and
(b-1) do not apply to a provider who operates a nursing facility or an
ICF-MR facility.
(c) A person license by a
state regulatory agency who commits an unlawful act is subject to
professional discipline under the applicable licensing law or rules adopted
under that law.
(d) For purposes of this
section, a person is considered to have been found liable under Section
36.052 if the person is found liable in an action brought under Subchapter
C.
(e) Notwithstanding (b-1),
the period of ineligibility for an individual licensed by a health care
regulatory agency or a physician begins on the date on which the determination
that the individual or physician is liable becomes final.
(f) For purposes of Subsection (e), a "physician" includes
a physician, a professional association composed solely of physicians, a
single legal entity authorized to practice medicine owned by two or more
physicians, a nonprofit health corporation certified by the Texas Medical
Board under Chapter 162, Occupations Code, or a partnership composed solely
of physicians.
(g) For purposes of
Subsection (e),
"health care
regulatory agency" has the meaning assigned by Section 774.001,
Government Code.
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SECTION 1. Section 36.005,
Human Resources Code, is amended by amending Subsection (b-1) and adding
Subsections (b-3) and (f) to read as follows:
(b-1) The period of
ineligibility begins on the date on which a trial court enters a
judgment finding the provider liable under Section 36.052 [the
determination that the provider is liable becomes final].
(b-3) Notwithstanding
Subsection (b-1), the period of ineligibility for a physician, a physician organization, or an individual
licensed by a health care regulatory agency begins on the date on which the
determination that the physician, physician
organization, or individual is liable becomes final and all appeals relating to that determination are
exhausted or waived.
(f) For purposes of
Subsection (b-3):
(1) "Health care
regulatory agency" has the meaning assigned by Section 774.001,
Government Code.
(2) "Physician organization" means:
(A) a professional association composed solely of physicians;
(B) a single legal entity authorized to practice medicine in this
state and owned by two or more physicians;
(C) a nonprofit health corporation certified under Chapter 162,
Occupations Code; or
(D) a partnership composed solely of physicians.
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SECTION 2. Subchapter C,
Chapter 36, Human Resources Code, is amended by adding Section 36.1041 to
read as follows:
Sec. 36.1041. NOTIFICATION
OF SETTLEMENT. (a) Not later than the 10th day after the date a person
described by Section 36.104(b) reaches a proposed settlement agreement with
a defendant, the person must notify the attorney general. If the person
fails to notify the attorney general as required by this section, the
proposed settlement is void.
(b) Not later than the
30th day after the date the attorney general receives notice under
Subsection (a), the attorney general shall file any objections to the terms
of the proposed settlement agreement with the court.
(c) On filing of
objections under Subsection (b), the court shall conduct a hearing. On a
showing of good cause, the hearing may be held in camera. If, after the
hearing, the court determines that the proposed settlement is fair,
adequate, and reasonable under all the circumstances, the court may allow
the parties to settle notwithstanding the attorney general's objection.
(d) If, after the hearing,
the court determines that the attorney general's objection is well founded,
the settlement shall not be approved by the court. The court may order the
parties to renegotiate the settlement to address the attorney general's
objection.
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No
equivalent provision.
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