By: McReynolds H.B. No. 4046
A BILL TO BE ENTITLED
AN ACT
relating to the creation of nonprofit health corporations with
assistance from the Texas Rural Foundation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Subtitle F, Chapter 487, Subchapter P,
Government Code, is amended by adding Sections 487.714 and 487.715
to read as follows:
Sec. 487.714. ADVISORY COMMITTEE ON NONPROFIT HEALTH
CORPORATIONS. (a) Texas Rural Foundation may, through the
assistance of a physician advisory committee, help to establish and
provide technical assistance to create at least one and not more
than 12 nonprofit health corporations as defined by Section
162.001(b), Occupations Code. The Rural Foundation may designate
geographic districts and each such district's nonprofit health
corporation shall be eligible to provide services to the district
as provided in this section.
(1) for the purpose of this section the Texas Rural
Foundation shall find an organizational entity or serve as a
temporary organizational entity for the establishment of a health
corporation as defined by Section 162.001(b), Occupations Code for
this purpose of this subsection.
(b) A nonprofit health corporation established by the
advisory committee under this section is authorized to provide the
following services:
(1) physician services to contracting hospitals in the
district covered by the nonprofit health corporation;
(2) peer review and quality assurance programs at a
contracting hospital;
(3) a uniform electronic medical record system that
satisfies interoperability standards as set by the Secretary of the
Department of Health and Human Services;
(4) health, life, and disability insurance, and
retirement plan benefits for physicians working at a contracting
hospital;
(5) administrative services and expertise including
human resources services; and
(6) primary care residency training programs.
(c) A nonprofit health corporation under this section is a
Health Care Entity as defined by Section 151.002, Occupations Code,
and any peer review or quality assurance performed or provided
under this section is a medical peer review action under Chapter
160, Occupations Code.
(d) A hospital or hospital district is eligible to contract
with a nonprofit health corporation created under this section only
if:
(1) the hospital or hospital district is in a county
with a population of 25,000 or less; and
(2) the hospital or hospital district has an active or
courtesy medical staff of seven or fewer physicians.
(e) The advisory committee created under this section may
accept funds through the Rural Community Facilities Program Account
as specified in Division A, Title I of the American Reinvestment and
Recovery Act to carry out the duties and functions under this
section.
Sec. 487.715. IMMUNITY FROM LIABILITY. (a) The state,
Office of Rural Community Affairs, Texas Rural Foundation,
physician advisory committee, shall be immune from civil liability
related to the establishment of the nonprofit health corporations
under Section 487.714 to the extent that such entities and persons
are acting in good faith and within the scope of their authority
under that section.
(b) This section does not waive any immunity of the state or
of a political subdivision of the state or any employee or officer.
(c) To the extent that this section limits the liability of
a governmental unit under circumstances in which the governmental
unit would be liable under Chapter 101, Civil Practices and
Remedies Code, this section controls.
SECTION 2. This Act takes effect September 1, 2009.