Texas 2011 - 82nd Regular

Texas House Bill HB729 Compare Versions

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Old	New	Differences
1	1	By: Chisum H.B. No. 729
2	2	Substitute the following for H.B. No. 729:
3	3	By: Jackson C.S.H.B. No. 729
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 Ochiltree
9	9	County Hospital District to employ health care providers.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 1071.062, Special District Local Laws
12	12	Code, is amended by amending Subsections (b) and (c) and adding
13	13	Subsection (d) to read as follows:
14	14	(b) The board may employ physicians, technicians, nurses,
15	15	other health care providers, fiscal agents, accountants, and other
16	16	necessary employees.
17	17	(c) The board may delegate to the district administrator the
18	18	authority to hire employees under Subsection (b) other than
19	19	physicians.
20	20	(d) This subchapter may not be construed as authorizing the
21	21	governing body of a hospital to supervise or control the practice of
22	22	medicine, as prohibited under Subtitle B, Title 3, Occupations
23	23	Code.
24	24	SECTION 2. Section 1071.064, Special District Local Laws
25	25	Code, is amended by adding Subsections (b), (c), (d), (e), (f), and
26	26	(g) to read as follows:
27	27	(b) The board may employ a physician and retain all or part
28	28	of the professional income generated by the physician for medical
29	29	services provided at the hospital and other health facilities owned
30	30	or operated by the hospital if the hospital satisfies the
31	31	requirements of this subchapter.
32	32	(c) The board shall:
33	33	(1) appoint a chief medical officer, who may be a
34	34	member of the hospital's medical staff; and
35	35	(2) adopt, maintain, and enforce policies to ensure
36	36	that a physician employed by the hospital exercises the physician's
37	37	independent medical judgment in providing care to patients at the
38	38	hospital.
39	39	(d) The policies adopted under this section must include:
40	40	(1) policies relating to:
41	41	(A) credentialing;
42	42	(B) quality assurance;
43	43	(C) utilization review;
44	44	(D) peer review; and
45	45	(E) medical decision-making; and
46	46	(2) the implementation of a complaint mechanism to
47	47	process and resolve complaints regarding interference or attempted
48	48	interference with a physician's independent medical judgment.
49	49	(e) For all matters relating to the practice of medicine,
50	50	each physician employed by the hospital under this subchapter shall
51	51	ultimately report to the chief medical officer of the hospital.
52	52	(f) The policies adopted under this section:
53	53	(1) must be approved by the chief medical officer of
54	54	the hospital; and
55	55	(2) shall control and prevail in the event of a
56	56	conflict with any other policies of a hospital under this
57	57	subchapter.
58	58	(g) The chief medical officer shall immediately report to
59	59	the Texas Medical Board any action or event that the chief medical
60	60	officer reasonably and in good faith believes constitutes a
61	61	compromise of the independent medical judgment of a physician in
62	62	caring for a patient."
63	63	SECTION 2. This Act takes effect immediately if it receives
64	64	a vote of two-thirds of all the members elected to each house, as
65	65	provided by Section 39, Article III, Texas Constitution. If this
66	66	Act does not receive the vote necessary for immediate effect, this
67	67	Act takes effect September 1, 2011.