BILL ANALYSIS |
C.S.S.B. 1148 |
By: Buckingham |
Public Health |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
Interested parties have expressed concerns regarding the inconsistencies among recertification requirements for physicians imposed by various medical specialty entities and with the high costs associated with the recertification process. The parties contend that many hospitals and other employers condition a physician's employment on the physician's maintenance of certification, which the parties argue creates a de facto mandate on physicians. C.S.S.B. 1148 seeks to address these concerns by prohibiting certain entities from differentiating between physicians based on a physician's maintenance of certification.
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CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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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.
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ANALYSIS
C.S.S.B. 1148 amends the Occupations Code to prohibit a health facility or a mental hospital licensed under certain provisions of the Health and Safety Code that has an organized medical staff or a process for credentialing physicians, a hospital that is owned or operated by the state, or an institution or program that is owned, operated, or licensed by the state or a political subdivision of the state that has an organized medical staff or a process for credentialing physicians on its staff from differentiating between physicians based on a physician's maintenance of certification. The bill defines "maintenance of certification" as the satisfactory completion of periodic recertification requirements that are required for a physician to maintain certification after initial certification from a medical specialty member board of the American Board of Medical Specialties or of the American Osteopathic Association Bureau of Osteopathic Specialists, the American Board of Oral and Maxillofacial Surgery, or any other certifying board that is recognized by the Texas Medical Board. The bill specifies that such a facility, hospital, institution, or program may differentiate between physicians based on a physician's maintenance of certification only if the entity's designation under law or certification or accreditation by a national certifying or accrediting organization is contingent on the entity requiring a specific maintenance of certification by physicians seeking staff privileges or credentialing at the entity.
C.S.S.B. 1148 requires the Texas Medical Board, using existing funds, to study whether to recognize one or more entities to provide maintenance of certification for physicians in Texas. The bill requires the board, in conducting the study, to consult with appropriate state agencies and other entities, as determined by the board. The bill requires the results of the study to be made available through the board's website and other appropriate means, as determined by the board. The bill authorizes the board, if the study indicates a need for the board to recognize one or more entities to provide maintenance of certification for physicians in Texas, to develop and implement a program to recognize such entities. The bill requires the program to include an assessment of eligibility criteria as specified by the bill for an entity to provide maintenance of certification. The bill requires the board to begin the study not later than January 1, 2018. The bill prohibits the board from requiring maintenance of certification by an applicant for a license to practice medicine for the applicant to be eligible for the license. The bill prohibits the board from adopting a rule requiring maintenance of certification by a person licensed to practice medicine for the license holder to be eligible for an initial or renewal registration permit.
C.S.S.B. 1148 amends the Insurance Code to prohibit a managed care plan issuer from differentiating between physicians based on a physician's maintenance of certification in regard to paying the physician, reimbursing the physician, or directly or indirectly contracting with the physician to provide services to enrollees. The bill specifies that a managed care plan issuer may differentiate between physicians based on a physician's maintenance of certification only if the designation under law or certification or accreditation by a national certifying or accrediting organization of a facility, hospital, institution, or program described by the bill's Occupations Code provisions relating to discrimination based on maintenance of certification is contingent on the entity requiring a specific maintenance of certification by physicians seeking staff privileges or credentialing at the entity. The bill establishes the applicability of these provisions.
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EFFECTIVE DATE
January 1, 2018.
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COMPARISON OF SENATE ENGROSSED AND SUBSTITUTE
While C.S.S.B. 1148 may differ from the engrossed in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the engrossed and committee substitute versions of the bill.
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