By: Rodriguez S.B. No. 860
(Gonzalez)
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the El Paso County Hospital District to
appoint, contract for, or employ physicians, dentists, and other
health care providers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 281, Health and Safety
Code, is amended by adding Section 281.0285 to read as follows:
Sec. 281.0285. EL PASO COUNTY HOSPITAL DISTRICT; EMPLOYMENT
OF PHYSICIANS, DENTISTS, AND OTHER HEALTH CARE PROVIDERS. (a) The
board of the El Paso County Hospital District may appoint, contract
for, or employ physicians, dentists, and other health care
providers as the board considers necessary for the efficient
operation of the district.
(b) The term of an employment contract entered into under
this section may not exceed four years.
(c) This section may not be construed as authorizing the
board of the El Paso County Hospital District to supervise or
control the practice of medicine as prohibited by Subtitle B, Title
3, Occupations Code, or to supervise or control the practice of
dentistry as prohibited by Subtitle D, Title 3, Occupations Code.
(d) The authority granted to the board of the El Paso County
Hospital District under Subsection (a) to employ physicians shall
apply as necessary for the district to fulfill the district's
statutory mandate to provide medical care for the indigent and
needy residents of the district as provided by Section 281.046.
(e) The medical executive committee of the El Paso County
Hospital District, in accordance with the bylaws adopted by the
board of the El Paso County Hospital District, shall adopt,
maintain, and enforce policies to ensure that a physician employed
by the district exercises the physician's independent medical
judgment in providing care to patients.
(f) The policies adopted by the medical executive committee
under this section must include:
(1) policies relating to:
(A) governance of the medical executive
committee;
(B) credentialing;
(C) quality assurance;
(D) utilization review;
(E) peer review;
(F) medical decision-making; and
(G) due process; and
(2) rules requiring the disclosure of financial
conflicts of interest by a member of the medical executive
committee.
(g) The medical executive committee and the board of the El
Paso County Hospital District shall jointly develop and implement a
conflict management process to resolve any conflict between the
policies adopted under this section and a policy of the El Paso
County Hospital District.
(h) A member of the medical executive committee who is a
physician shall provide biennially to the chair of the medical
executive committee a signed, verified statement indicating that
the committee member:
(1) is licensed by the Texas Medical Board;
(2) will exercise independent medical judgment in all
medical executive committee matters, including matters relating
to:
(A) credentialing;
(B) quality assurance;
(C) utilization review;
(D) peer review;
(E) medical decision-making; and
(F) due process;
(3) will exercise the committee member's best efforts
to ensure compliance with the policies that are adopted or
established by the medical executive committee; and
(4) will report immediately to the Texas Medical Board
any action or event that the committee member reasonably and in good
faith believes constitutes a compromise of the independent medical
judgment of a physician in caring for a patient.
(i) For all matters relating to the practice of medicine,
each physician employed by the El Paso County Hospital District
shall ultimately report to the chair of the medical executive
committee for the district.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.