Texas 2011 - 82nd Regular

Texas House Bill HB3809 Compare Versions

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Old	New	Differences
1	1	82R20504 ALB-D
2	2	By: Hardcastle H.B. No. 3809
3	3	Substitute the following for H.B. No. 3809:
4	4	By: Paxton C.S.H.B. No. 3809
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 Muenster
10	10	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. The heading to Section 1067.059, Special
14	14	District Local Laws Code, is amended to read as follows:
15	15	Sec. 1067.059. [APPOINTMENT AND RECRUITMENT OF] STAFF AND
16	16	EMPLOYEES.
17	17	SECTION 2. Section 1067.059, Special District Local Laws
18	18	Code, is amended by amending Subsection (b) and adding Subsection
19	19	(b-1) to read as follows:
20	20	(b) The board may employ technicians, nurses, health care
21	21	providers other than physicians, and other employees as considered
22	22	necessary for the efficient operation of the district [hospital] or
23	23	may provide that the district administrator has the authority to
24	24	admit or employ those persons.
25	25	(b-1) The board may employ physicians, but only as provided
26	26	by Section 1067.0595.
27	27	SECTION 3. Subchapter B, Chapter 1067, Special District
28	28	Local Laws Code, is amended by adding Section 1067.0595 to read as
29	29	follows:
30	30	Sec. 1067.0595. EMPLOYMENT OF PHYSICIANS. (a) The board
31	31	may employ a physician and retain all or part of the professional
32	32	income generated by the physician for medical services provided at
33	33	a hospital or other health care facility owned or operated by the
34	34	district if the board satisfies the requirements of this section.
35	35	(b) The board shall:
36	36	(1) appoint a chief medical officer for the district
37	37	who has been recommended by the medical staff of the district; and
38	38	(2) adopt, maintain, and enforce policies to ensure
39	39	that a physician employed by the district exercises the physician's
40	40	independent medical judgment in providing care to patients.
41	41	(c) The policies adopted under this section must include:
42	42	(1) policies relating to:
43	43	(A) credentialing and privileges;
44	44	(B) quality assurance;
45	45	(C) utilization review;
46	46	(D) peer review and due process; and
47	47	(E) medical decision-making; and
48	48	(2) the implementation of a complaint mechanism to
49	49	process and resolve complaints regarding interference or attempted
50	50	interference with a physician's independent medical judgment.
51	51	(d) The policies adopted under this section must be approved
52	52	by the district medical staff. The district medical staff and the
53	53	board shall jointly develop and implement a conflict management
54	54	policy to resolve any conflict between a medical staff policy and a
55	55	board policy.
56	56	(e) For all matters relating to the practice of medicine,
57	57	each physician employed by the district shall ultimately report to
58	58	the chief medical officer of the district.
59	59	(f) The chief medical officer shall notify the Texas Medical
60	60	Board that the board is employing physicians under this section and
61	61	that the chief medical officer is the board's designated contact
62	62	with the Texas Medical Board. The chief medical officer shall
63	63	immediately report to the Texas Medical Board any action or event
64	64	that the chief medical officer reasonably and in good faith
65	65	believes constitutes a compromise of the independent medical
66	66	judgment of a physician in caring for a patient.
67	67	(g) The board shall give equal consideration regarding the
68	68	issuance of medical staff membership and privileges to physicians
69	69	employed by the district and physicians not employed by the
70	70	district.
71	71	(h) A physician employed by the district shall retain
72	72	independent medical judgment in providing care to patients and may
73	73	not be disciplined for reasonably advocating for patient care.
74	74	(i) If the district provides professional liability
75	75	coverage for physicians employed by the district, a physician
76	76	employed by the district may participate in the selection of the
77	77	professional liability coverage, has the right to an independent
78	78	defense at the physician's own cost, and retains the right to
79	79	consent to the settlement of any action or proceeding brought
80	80	against the physician.
81	81	(j) If a physician employed by the district enters into an
82	82	employment agreement that includes a covenant not to compete, the
83	83	agreement is subject to Section 15.50, Business & Commerce Code.
84	84	(k) The board may not delegate to the district administrator
85	85	the authority to hire a physician.
86	86	(l) This section applies to medical services provided by a
87	87	physician at a hospital or other health care facility owned or
88	88	operated by the district.
89	89	(m) This section may not be construed as authorizing the
90	90	board to supervise or control the practice of medicine as
91	91	prohibited under Subtitle B, Title 3, Occupations Code.
92	92	SECTION 4. This Act takes effect immediately if it receives
93	93	a vote of two-thirds of all the members elected to each house, as
94	94	provided by Section 39, Article III, Texas Constitution. If this
95	95	Act does not receive the vote necessary for immediate effect, this
96	96	Act takes effect September 1, 2011.