| 1 | 1 | | 81R1714 PB-D |
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| 2 | 2 | | By: Brown of Brazos H.B. No. 102 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to certain complaints filed with the Texas Medical Board |
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| 8 | 8 | | against a physician. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 154, Occupations Code, is |
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| 11 | 11 | | amended by adding Section 154.0535 to read as follows: |
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| 12 | 12 | | Sec. 154.0535. COMPLAINTS FILED BY INSURERS OR INSURANCE |
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| 13 | 13 | | AGENTS. (a) In this section: |
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| 14 | 14 | | (1) "Insurance agent" means a person licensed under |
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| 15 | 15 | | Chapter 4054, Insurance Code. |
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| 16 | 16 | | (2) "Insurer" means an insurance company or other |
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| 17 | 17 | | entity authorized to engage in the business of insurance under |
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| 18 | 18 | | Subtitle C, Title 6, Insurance Code. |
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| 19 | 19 | | (b) Notwithstanding any confidentiality requirements |
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| 20 | 20 | | adopted under Chapter 552, Government Code, this subtitle, or rules |
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| 21 | 21 | | adopted under this subtitle, a complaint filed with the board by an |
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| 22 | 22 | | insurance agent or insurer against a physician may not be filed |
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| 23 | 23 | | anonymously. Not later than the fifth day after the date on which |
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| 24 | 24 | | the complaint is filed with the board, the board shall notify the |
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| 25 | 25 | | physician who is the subject of the complaint of the name and |
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| 26 | 26 | | address of the insurance agent or insurer who filed the complaint. |
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| 27 | 27 | | (c) The board shall adopt rules as necessary to implement |
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| 28 | 28 | | this section. |
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| 29 | 29 | | (d) Failure by an insurance agent or insurer to comply with |
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| 30 | 30 | | the requirements of Subsection (b) or rules adopted by the board |
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| 31 | 31 | | under this section constitutes grounds for the imposition of |
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| 32 | 32 | | sanctions by the commissioner of insurance under Chapter 82, |
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| 33 | 33 | | Insurance Code. |
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| 34 | 34 | | SECTION 2. The change in law made by this Act applies only |
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| 35 | 35 | | to a complaint filed with the Texas Medical Board on or after the |
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| 36 | 36 | | effective date of this Act. A complaint filed before that date is |
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| 37 | 37 | | governed by the law as it existed immediately before the effective |
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| 38 | 38 | | date of this Act, and that law is continued in effect for that |
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| 39 | 39 | | purpose. |
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| 40 | 40 | | SECTION 3. This Act takes effect immediately if it receives |
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| 41 | 41 | | a vote of two-thirds of all the members elected to each house, as |
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| 42 | 42 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 43 | 43 | | Act does not receive the vote necessary for immediate effect, this |
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| 44 | 44 | | Act takes effect September 1, 2009. |
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