By: Chisum H.B. No. 1413
Substitute the following for H.B. No. 1413:
By: Jackson C.S.H.B. No. 1413
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of the Castro County Hospital
District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 1013.052 and 1013.062, Special District
Local Laws Code, are amended to read as follows:
Sec. 1013.052. NOTICE OF ELECTION. Notice [Not earlier
than the 30th day or later than the 10th day before the date] of an
election of directors [, notice of the election] shall be published
[one time] in a newspaper of general circulation in Castro County in
accordance with Section 4.003, Election Code.
Sec. 1013.062. RECRUITMENT OF MEDICAL STAFF AND EMPLOYEES.
(a) The board may spend district money, enter into agreements, and
take other necessary action to recruit physicians and other persons
to serve as medical staff members or district employees, including:
(1) advertising and marketing;
(2) paying travel, recruitment, and relocation
expenses;
(3) providing a loan or scholarship to a physician or a
person who:
(A) is currently enrolled in health care
education courses at an institution of higher education; and
(B) contractually agrees to become a district
employee or medical staff member; and
(4) providing on a rent-free basis or subsidizing the
cost of office space or other facilities for a health care
professional, including a physician.
(b) The board may employ physicians or other health care
providers as the board considers necessary for the efficient
operation of the district.
(c) This section may not be construed as authorizing the
board to supervise or control the practice of medicine, as
prohibited by Subtitle B, Title 3, Occupations Code.
(c) The board may employ a physician and retain all or part
of the professional income generated by the physician for medical
services provided at the hospital and other health facilities owned
or operated by the hospital if the hospital satisfies the
requirements of this subchapter.
(d) The board shall:
(1) appoint a chief medical officer, who may be a
member of the hospital's medical staff; and
(2) adopt, maintain, and enforce policies to ensure
that a physician employed by the hospital exercises the physician's
independent medical judgment in providing care to patients at the
hospital.
(e) The policies adopted under this section must include:
(1) policies relating to:
(A) credentialing;
(B) quality assurance;
(C) utilization review;
(D) peer review; and
(E) medical decision-making; and
(2) the implementation of a complaint mechanism to
process and resolve complaints regarding interference or attempted
interference with a physician's independent medical judgment.
(f) For all matters relating to the practice of medicine,
each physician employed by the hospital under this subchapter shall
ultimately report to the chief medical officer of the hospital.
(g) The policies adopted under this section:
(1) must be approved by the chief medical officer of
the hospital; and
(2) shall control and prevail in the event of a
conflict with any other policies of a hospital under this
subchapter.
(h) The chief medical officer shall immediately report to
the Texas Medical Board any action or event that the chief medical
officer reasonably and in good faith believes constitutes a
compromise of the independent medical judgment of a physician in
caring for a patient."
SECTION 2. Subchapter E, Chapter 1013, Special District
Local Laws Code, is amended by adding Sections 1013.209 and
1013.210 to read as follows:
Sec. 1013.209. ADDITIONAL MEANS OF SECURING REPAYMENT OF
BONDS. In addition to the authority to issue general obligation
bonds and revenue bonds under this subchapter, the board may
provide for the security and payment of district bonds from a pledge
of a combination of ad valorem taxes as authorized by Section
1013.202 and revenue and other sources authorized by Section
1013.206.
Sec. 1013.210. USE OF BOND PROCEEDS. The district may use
the proceeds of bonds issued under this subchapter to pay:
(1) any expense the board determines is reasonable and
necessary to issue, sell, and deliver the bonds;
(2) interest payments on the bonds during a period of
acquisition or construction of a project or facility to be provided
through the bonds, not to exceed five years;
(3) costs related to the operation and maintenance of
a project or facility to be provided through the bonds:
(A) during an estimated period of acquisition or
construction, not to exceed five years; and
(B) for one year after the project or facility is
acquired or constructed;
(4) costs related to the financing of the bond funds,
including debt service reserve and contingency funds;
(5) costs related to the bond issuance;
(6) costs related to the acquisition of land or
interests in land for a project or facility to be provided through
the bonds; and
(7) costs of construction of a project or facility to
be provided through the bonds, including the payment of related
professional services and expenses.
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, 2011.