Texas 2011 - 82nd Regular

Texas House Bill HB1885 Compare Versions

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Old	New	Differences
1	1	By: Hardcastle H.B. No. 1885
2	2	Substitute the following for H.B. No. 1885:
3	3	By: Jackson C.S.H.B. No. 1885
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the authority of the board of directors of the Knox
9	9	County Hospital District to employ physicians and other health care
10	10	providers.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter B, Chapter 1050, Special District
13	13	Local Laws Code, is amended by adding Section 1050.0615 to read as
14	14	follows:
15	15	Sec. 1050.0615. EMPLOYMENT OF PHYSICIANS AND HEALTH CARE
16	16	PROVIDERS. (a) The board may employ physicians and other health
17	17	care providers as necessary for the efficient operation of the
18	18	district.
19	19	(b) This section may not be construed as authorizing the
20	20	board to supervise or control the practice of medicine, as
21	21	prohibited by Subtitle B, Title 3, Occupations Code.
22	22	(c) The board may employ a physician and retain all or part
23	23	of the professional income generated by the physician for medical
24	24	services provided at the hospital and other health facilities owned
25	25	or operated by the hospital if the hospital satisfies the
26	26	requirements of this subchapter.
27	27	(d) The board shall:
28	28	(1) appoint a chief medical officer, who may be a
29	29	member of the hospital's medical staff; and
30	30	(2) adopt, maintain, and enforce policies to ensure
31	31	that a physician employed by the hospital exercises the physician's
32	32	independent medical judgment in providing care to patients at the
33	33	hospital.
34	34	(e) The policies adopted under this section must include:
35	35	(1) policies relating to:
36	36	(A) credentialing;
37	37	(B) quality assurance;
38	38	(C) utilization review;
39	39	(D) peer review; and
40	40	(E) medical decision-making; and
41	41	(2) the implementation of a complaint mechanism to
42	42	process and resolve complaints regarding interference or attempted
43	43	interference with a physician's independent medical judgment.
44	44	(f) The policies adopted under this section must be approved
45	45	by the chief medical officer of the hospital.
46	46	(g) For all matters relating to the practice of medicine,
47	47	each physician employed by the hospital under this subchapter shall
48	48	ultimately report to the chief medical officer of the hospital. The
49	49	policies adopted under this section:
50	50	(1) must be approved by the chief medical officer of
51	51	the hospital; and
52	52	(2) shall control and prevail in the event of a
53	53	conflict with any other policies of a hospital under this
54	54	subchapter.
55	55	(h) The chief medical officer shall immediately report to
56	56	the Texas Medical Board any action or event that the chief medical
57	57	officer reasonably and in good faith believes constitutes a
58	58	compromise of the independent medical judgment of a physician in
59	59	caring for a patient."
60	60	SECTION 2. This Act takes effect immediately if it receives
61	61	a vote of two-thirds of all the members elected to each house, as
62	62	provided by Section 39, Article III, Texas Constitution. If this
63	63	Act does not receive the vote necessary for immediate effect, this
64	64	Act takes effect September 1, 2011.