Texas 2011 - 82nd Regular

Texas House Bill HB3806 Compare Versions

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Old	New	Differences
1	1	82R20503 ALB-D
2	2	By: Hardcastle H.B. No. 3806
3	3	Substitute the following for H.B. No. 3806:
4	4	By: Gonzales of Williamson C.S.H.B. No. 3806
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the authority of the board of directors of the Haskell
10	10	County Hospital District to employ physicians and other health care
11	11	providers.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 1040.057, Special District Local Laws
14	14	Code, is amended to read as follows:
15	15	Sec. 1040.057. EMPLOYEES. (a) The board may employ a
16	16	general manager and other necessary professional and clerical
17	17	personnel.
18	18	(b) The board may employ health care providers other than
19	19	physicians as the board considers necessary for the efficient
20	20	operation of the district.
21	21	(c) The board may employ physicians, but only as provided by
22	22	Section 1040.0575.
23	23	SECTION 2. Subchapter B, Chapter 1040, Special District
24	24	Local Laws Code, is amended by adding Section 1040.0575 to read as
25	25	follows:
26	26	Sec. 1040.0575. EMPLOYMENT OF PHYSICIANS. (a) The board
27	27	may employ a physician and retain all or part of the professional
28	28	income generated by the physician for medical services provided at
29	29	a hospital or other health care facility owned or operated by the
30	30	district if the board satisfies the requirements of this section.
31	31	(b) The board shall:
32	32	(1) appoint a chief medical officer for the district
33	33	who has been recommended by the medical staff of the district; and
34	34	(2) adopt, maintain, and enforce policies to ensure
35	35	that a physician employed by the district exercises the physician's
36	36	independent medical judgment in providing care to patients.
37	37	(c) The policies adopted under this section must include:
38	38	(1) policies relating to:
39	39	(A) credentialing and privileges;
40	40	(B) quality assurance;
41	41	(C) utilization review;
42	42	(D) peer review and due process; and
43	43	(E) medical decision-making; and
44	44	(2) the implementation of a complaint mechanism to
45	45	process and resolve complaints regarding interference or attempted
46	46	interference with a physician's independent medical judgment.
47	47	(d) The policies adopted under this section must be approved
48	48	by the district medical staff. The district medical staff and the
49	49	board shall jointly develop and implement a conflict management
50	50	policy to resolve any conflict between a medical staff policy and a
51	51	board policy.
52	52	(e) For all matters relating to the practice of medicine,
53	53	each physician employed by the district shall ultimately report to
54	54	the chief medical officer of the district.
55	55	(f) The chief medical officer shall notify the Texas Medical
56	56	Board that the board is employing physicians under this section and
57	57	that the chief medical officer is the board's designated contact
58	58	with the Texas Medical Board. The chief medical officer shall
59	59	immediately report to the Texas Medical Board any action or event
60	60	that the chief medical officer reasonably and in good faith
61	61	believes constitutes a compromise of the independent medical
62	62	judgment of a physician in caring for a patient.
63	63	(g) The board shall give equal consideration regarding the
64	64	issuance of medical staff membership and privileges to physicians
65	65	employed by the district and physicians not employed by the
66	66	district.
67	67	(h) A physician employed by the district shall retain
68	68	independent medical judgment in providing care to patients and may
69	69	not be disciplined for reasonably advocating for patient care.
70	70	(i) If the district provides professional liability
71	71	coverage for physicians employed by the district, a physician
72	72	employed by the district may participate in the selection of the
73	73	professional liability coverage, has the right to an independent
74	74	defense at the physician's own cost, and retains the right to
75	75	consent to the settlement of any action or proceeding brought
76	76	against the physician.
77	77	(j) If a physician employed by the district enters into an
78	78	employment agreement that includes a covenant not to compete, the
79	79	agreement is subject to Section 15.50, Business & Commerce Code.
80	80	(k) This section applies to medical services provided by a
81	81	physician at a hospital or other health care facility owned or
82	82	operated by the district.
83	83	(l) This section may not be construed as authorizing the
84	84	board to supervise or control the practice of medicine as
85	85	prohibited under Subtitle B, Title 3, Occupations Code.
86	86	SECTION 3. This Act takes effect immediately if it receives
87	87	a vote of two-thirds of all the members elected to each house, as
88	88	provided by Section 39, Article III, Texas Constitution. If this
89	89	Act does not receive the vote necessary for immediate effect, this
90	90	Act takes effect September 1, 2011.