| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the regulation of certain health organizations |
|
|
certified by the Texas Medical Board. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 162.0021, Occupations Code, is amended |
|
|
to read as follows: |
|
|
Sec. 162.0021. INTERFERENCE WITH PHYSICIAN'S PROFESSIONAL |
|
|
JUDGMENT PROHIBITED. (a) A health organization certified under |
|
|
Section 162.001(b) may not interfere with, control, or otherwise |
|
|
direct a physician's professional judgment in violation of this |
|
|
subchapter or any other provision of law, including board rules. |
|
|
(b) A health organization that violates Subsection (a) is |
|
|
subject to the penalties prescribed by Section 162.003, including |
|
|
the revocation of a certification issued under Section 162.001 to |
|
|
that organization. |
|
|
(c) A physician or chief medical officer who provides |
|
|
professional medical services for a health organization that |
|
|
violates Subsection (a) shall report the violation by the health |
|
|
organization to the board and the attorney general for |
|
|
investigation. |
|
|
(d) Any person who is employed by or otherwise affiliated |
|
|
with a health organization that violates Subsection (a) and is |
|
|
familiar with a chief medical officer's failure to report the |
|
|
violation as required by Subsection (c) shall report to the board |
|
|
and the attorney general the failure of the chief medical officer to |
|
|
report the violation. |
|
|
(e) A chief medical officer, as a physician licensed by the |
|
|
board, is accountable to the board for the chief medical officer's |
|
|
failure to report. |
|
|
SECTION 2. Section 162.0023, Occupations Code, is amended |
|
|
to read as follows: |
|
|
Sec. 162.0023. DISCIPLINARY ACTION RESTRICTION. (a) A |
|
|
physician employed by or otherwise affiliated with a health |
|
|
organization certified under Section 162.001(b) retains |
|
|
independent medical judgment in providing care to patients, and the |
|
|
health organization may not discipline the physician for reasonably |
|
|
advocating for patient care. |
|
|
(b) A health organization that violates Subsection (a) is |
|
|
subject to the penalties prescribed by Section 162.003, including |
|
|
the revocation of a certification issued under Section 162.001 to |
|
|
that organization. |
|
|
(c) A physician or chief medical officer who provides |
|
|
professional medical services for a health organization that |
|
|
violates Subsection (a) shall report the violation by the health |
|
|
organization to the board and the attorney general for |
|
|
investigation. |
|
|
(d) Any person who is employed by or otherwise affiliated |
|
|
with a health organization that violates Subsection (a) and is |
|
|
familiar with a chief medical officer's failure to report the |
|
|
violation as required by Subsection (c) shall report to the board |
|
|
and the attorney general the failure of the chief medical officer to |
|
|
report the violation. |
|
|
(e) A chief medical officer, as a physician licensed by the |
|
|
board, is accountable to the board for the chief medical officer's |
|
|
failure to report. |
|
|
SECTION 3. The changes in law made by this Act to Sections |
|
|
162.0021 and 162.0023, Occupations Code, apply only to a violation |
|
|
by a health organization that occurs on or after the effective date |
|
|
of this Act. A violation that occurs before the effective date of |
|
|
this Act is governed by the law in effect on the date the violation |
|
|
occurred, and the former law is continued in effect for that |
|
|
purpose. |
|
|
SECTION 4. This Act takes effect September 1, 2017. |