Texas 2011 - 82nd Regular

Texas House Bill HB3817 Compare Versions

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Old	New	Differences
1	1	82R19281 ALB-D
2	2	By: Hardcastle H.B. No. 3817
3	3	Substitute the following for H.B. No. 3817:
4	4	By: White C.S.H.B. No. 3817
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the authority of the Gainesville Hospital District to
10	10	employ physicians and other health care providers.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. The heading to Section 1077.060, Special
13	13	District Local Laws Code, is amended to read as follows:
14	14	Sec. 1077.060. [APPOINTMENT AND DISMISSAL OF] STAFF AND
15	15	EMPLOYEES.
16	16	SECTION 2. Section 1077.060, Special District Local Laws
17	17	Code, is amended by amending Subsections (b) and (c) and adding
18	18	Subsection (b-1) to read as follows:
19	19	(b) The district may employ technicians, nurses, health
20	20	care providers other than physicians, fiscal agents, accountants,
21	21	architects, additional attorneys, and other necessary employees.
22	22	(b-1) The district may employ physicians, but only as
23	23	provided by Section 1077.0605.
24	24	(c) The board may delegate to the district administrator the
25	25	authority to hire district employees, except physicians.
26	26	SECTION 3. Subchapter B, Chapter 1077, Special District
27	27	Local Laws Code, is amended by adding Section 1077.0605 to read as
28	28	follows:
29	29	Sec. 1077.0605. EMPLOYMENT OF PHYSICIANS. (a) The board
30	30	may employ a physician and retain all or part of the professional
31	31	income generated by the physician for medical services provided at
32	32	a hospital or other health care facility owned or operated by the
33	33	district if the board satisfies the requirements of this section.
34	34	(b) The board shall:
35	35	(1) appoint a chief medical officer for the district
36	36	who has been recommended by the medical staff of the district; and
37	37	(2) adopt, maintain, and enforce policies to ensure
38	38	that a physician employed by the district exercises the physician's
39	39	independent medical judgment in providing care to patients.
40	40	(c) The policies adopted under this section must include:
41	41	(1) policies relating to:
42	42	(A) credentialing and privileges;
43	43	(B) quality assurance;
44	44	(C) utilization review;
45	45	(D) peer review and due process; and
46	46	(E) medical decision-making; and
47	47	(2) the implementation of a complaint mechanism to
48	48	process and resolve complaints regarding interference or attempted
49	49	interference with a physician's independent medical judgment.
50	50	(d) The policies adopted under this section must be approved
51	51	by the district medical staff. The district medical staff and the
52	52	board shall jointly develop and implement a conflict management
53	53	policy to resolve any conflict between a medical staff policy and a
54	54	board policy.
55	55	(e) For all matters relating to the practice of medicine,
56	56	each physician employed by the district shall ultimately report to
57	57	the chief medical officer of the district.
58	58	(f) The chief medical officer shall notify the Texas Medical
59	59	Board that the board is employing physicians under this section and
60	60	that the chief medical officer is the board's designated contact
61	61	with the Texas Medical Board. The chief medical officer shall
62	62	immediately report to the Texas Medical Board any action or event
63	63	that the chief medical officer reasonably and in good faith
64	64	believes constitutes a compromise of the independent medical
65	65	judgment of a physician in caring for a patient.
66	66	(g) The board shall give equal consideration regarding the
67	67	issuance of medical staff membership and privileges to physicians
68	68	employed by the district and physicians not employed by the
69	69	district.
70	70	(h) A physician employed by the district shall retain
71	71	independent medical judgment in providing care to patients and may
72	72	not be disciplined for reasonably advocating for patient care.
73	73	(i) If the district provides professional liability
74	74	coverage for physicians employed by the district, a physician
75	75	employed by the district may participate in the selection of the
76	76	professional liability coverage, has the right to an independent
77	77	defense at the physician's own cost, and retains the right to
78	78	consent to the settlement of any action or proceeding brought
79	79	against the physician.
80	80	(j) If a physician employed by the district enters into an
81	81	employment agreement that includes a covenant not to compete, the
82	82	agreement is subject to Section 15.50, Business & Commerce Code.
83	83	(k) The board may not delegate to the district administrator
84	84	the authority to hire a physician.
85	85	(l) This section applies to medical services provided by a
86	86	physician at a hospital or other health care facility owned or
87	87	operated by the district.
88	88	(m) This section may not be construed as authorizing the
89	89	board to supervise or control the practice of medicine as
90	90	prohibited under Subtitle B, Title 3, Occupations Code.
91	91	SECTION 4. This Act takes effect immediately if it receives
92	92	a vote of two-thirds of all the members elected to each house, as
93	93	provided by Section 39, Article III, Texas Constitution. If this
94	94	Act does not receive the vote necessary for immediate effect, this
95	95	Act takes effect September 1, 2011.