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