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A BILL TO BE ENTITLED
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AN ACT
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relating to certain health care entities and medical committees, |
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including peer review committees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 161.031(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) In this subchapter, "medical committee" includes any |
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committee, including a joint committee, of: |
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(1) a hospital; |
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(1-a) a health care system; |
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(2) a medical organization; |
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(3) a university medical school or health science |
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center; |
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(4) a health maintenance organization licensed under |
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Chapter 843, Insurance Code, including an independent practice |
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association or other physician association whose committee or joint |
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committee is a condition of contract with the health maintenance |
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organization; |
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(5) an extended care facility; |
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(6) a hospital district; or |
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(7) a hospital authority. |
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SECTION 2. Section 161.0315(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The governing body of a hospital, health care system, |
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medical organization, university medical school or health science |
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center, health maintenance organization, extended care facility, |
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hospital district, or hospital authority may form a medical peer |
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review committee, as defined by Section 151.002, Occupations Code, |
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or a medical committee, as defined by Section 161.031, to evaluate |
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medical and health care services, except as provided by this |
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section. |
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SECTION 3. Section 161.032(f), Health and Safety Code, is |
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amended to read as follows: |
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(f) This section and Subchapter A, Chapter 160, Occupations |
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Code, do not apply to records made or maintained in the regular |
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course of business by a hospital, health care system, health |
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maintenance organization, medical organization, university medical |
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center or health science center, hospital district, hospital |
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authority, or extended care facility. |
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SECTION 4. Sections 151.002(a)(5) and (8), Occupations |
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Code, are amended to read as follows: |
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(5) "Health care entity" means: |
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(A) a hospital licensed under Chapter 241 or 577, |
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Health and Safety Code; |
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(B) an entity, including a health maintenance |
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organization, group medical practice, nursing home, health science |
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center, university medical school, hospital district, hospital |
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authority, health care system, or other health care facility, that: |
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(i) provides or pays for medical care or |
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health care services; and |
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(ii) follows a formal peer review process |
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to further quality medical care or health care; |
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(C) a professional society or association of |
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physicians, or a committee of such a society or association, that |
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follows a formal peer review process to further quality medical |
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care or health care; |
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(D) an organization established by a |
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professional society or association of physicians, hospitals, or |
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both, that: |
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(i) collects and verifies the authenticity |
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of documents and other information concerning the qualifications, |
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competence, or performance of licensed health care professionals; |
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and |
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(ii) acts as a health care facility's agent |
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under the Health Care Quality Improvement Act of 1986 (42 U.S.C. |
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Section 11101 et seq.); or |
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(E) a health care collaborative certified under |
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Chapter 848, Insurance Code. |
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(8) "Medical peer review committee" or "professional |
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review body" means a committee of a health care entity, the |
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governing board of a health care entity, or the medical staff of a |
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health care entity, that operates under written bylaws approved by |
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the policy-making body or the governing board of the health care |
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entity and is authorized to evaluate the quality of medical and |
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health care services or the competence of physicians, including |
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evaluation of the performance of those functions specified by |
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Section 85.204, Health and Safety Code. The term includes: |
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(A) an employee or agent of the committee, |
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including an assistant, investigator, intervenor, attorney, and |
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any other person or organization that serves the committee; and |
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(B) the governing body of a hospital, health care |
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system, public hospital owned or operated by a governmental entity, |
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[the governing body of a] hospital authority created under Chapter |
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262 or 264, Health and Safety Code, and [the governing body of a] |
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hospital district created under Article IX, Texas Constitution, but |
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only: |
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(i) in relation to the governing body's |
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evaluation of the competence of a physician or the quality of |
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medical and health care services provided by the hospital, health |
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care system, public hospital, hospital authority, or hospital |
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district; and |
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(ii) to the extent that the evaluation |
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under Subparagraph (i) involves discussions or records that |
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specifically or necessarily identify an individual patient or |
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physician. |
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SECTION 5. This Act takes effect September 1, 2023. |