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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of certain health organizations |
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certified by the Texas Medical Board; providing an administrative |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 162.003, Occupations Code, is amended to |
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read as follows: |
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Sec. 162.003. REFUSAL TO CERTIFY; REVOCATION; PENALTY. On |
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a determination that a health organization commits a violation of |
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this subtitle or is established, organized, or operated in |
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violation of or with the intent to violate this subtitle, the board |
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may: |
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(1) refuse to certify the health organization on |
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application for certification by the organization under Section |
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162.001; |
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(2) revoke a certification made under Section 162.001 |
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to that organization; or |
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(3) impose an administrative penalty against the |
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health organization under Subchapter A, Chapter 165. |
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SECTION 2. Subchapter A, Chapter 162, Occupations Code, is |
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amended by adding Sections 162.004 and 162.005 to read as follows: |
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Sec. 162.004. PROCEDURES FOR AND DISPOSITION OF COMPLAINTS |
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AGAINST NONPROFIT HEALTH CORPORATIONS. (a) The board shall accept |
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and process complaints against a health organization certified |
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under Section 162.001(b) for alleged violations of this subchapter |
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or any other provision of this subtitle applicable to a health |
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organization in the same manner as provided under Subchapter B, |
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Chapter 154, and the rules adopted under that subchapter, including |
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the requirements to: |
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(1) maintain a system to promptly and efficiently act |
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on complaints filed with the board; |
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(2) ensure that a complaint is not dismissed without |
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appropriate consideration; and |
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(3) establish methods by which physicians employed by |
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a health organization are notified of the name, mailing address, |
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and telephone number of the board for the purpose of directing |
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complaints under this section to the board. |
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(b) Each complaint, adverse report, investigation file, |
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other investigation report, and other investigative information in |
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the possession of or received or gathered by the board or the |
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board's employees or agents relating to a health organization |
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certified under Section 162.001(b) is privileged and confidential |
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and is not subject to discovery, subpoena, or other means of legal |
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compulsion for release to anyone other than the board or the board's |
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employees or agents involved in the investigation or discipline of |
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a health organization certified under Section 162.001(b). |
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(c) The board may dispose of a complaint or resolve the |
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investigation of a complaint under this section in a manner |
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provided under Subchapter A, Chapter 164, to the extent the board |
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determines the provisions of that subchapter can be made applicable |
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to a health organization certified under Section 162.001. |
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(d) The board may adopt rules as necessary to implement this |
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section. |
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Sec. 162.005. RETALIATION PROHIBITED. (a) In this |
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section, "nonprofit health corporation" means a health |
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organization certified under Section 162.001(b). |
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(b) A nonprofit health corporation may not, as applicable, |
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terminate, demote, retaliate against, discipline, discriminate |
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against, or otherwise penalize a person, a person's family member, |
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or a person's partner because the person: |
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(1) files a complaint under Section 162.004; |
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(2) reports in good faith an act or omission that the |
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person reasonably believes is a violation or attempted violation of |
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applicable state or federal law, including rules adopted under |
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state or federal law, to, as appropriate: |
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(A) the nonprofit health corporation; |
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(B) a regulatory agency; or |
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(C) a law enforcement authority; |
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(3) initiates or cooperates in an investigation or |
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proceeding of a regulatory agency or law enforcement authority |
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relating to care or services provided by, or policies of, the |
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nonprofit health corporation; or |
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(4) communicates to a patient information regarding |
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medically appropriate health care. |
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(c) A nonprofit health corporation may not prohibit, |
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restrict, or discourage a person from taking any action described |
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by Subsection (b). |
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(d) A person who makes a report under Subsection (b)(2) is |
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immune from civil liability for a report made in good faith. |
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(e) An employment contract between a nonprofit health |
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corporation and a physician must contain a provision requiring the |
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nonprofit health corporation to comply with the requirements of |
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this section. |
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SECTION 3. Section 162.003, Occupations Code, as amended by |
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this Act, and Section 162.004, Occupations Code, as added by this |
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Act, apply only to a violation by a health organization that occurs |
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on or after the effective date of this Act. A violation that occurs |
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before the effective date of this Act is governed by the law in |
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effect on the date the violation occurred, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. Section 162.005, Occupations Code, as added by |
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this Act, applies only to an adverse action that is taken by a |
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nonprofit health corporation on or after the effective date of this |
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Act. An adverse action taken before the effective date of this Act |
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is governed by the law in effect on the date the adverse action was |
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taken, and the former law is continued in effect for that purpose. |
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SECTION 5. Section 162.005(e), Occupations Code, as added |
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by this Act, applies only to a contract entered into on or after the |
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effective date of this Act. |
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SECTION 6. This Act takes effect September 1, 2019. |