Texas 2013 - 83rd Regular

Texas House Bill HB1247 Compare Versions

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1	1	By: Clardy (Senate Sponsor - Nichols) H.B. No. 1247
2	2	(In the Senate - Received from the House April 29, 2013;
3	3	April 29, 2013, read first time and referred to Committee on
4	4	Intergovernmental Relations; May 10, 2013, reported favorably by
5	5	the following vote: Yeas 5, Nays 0; May 10, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the authority of the board of directors of the
11	11	Nacogdoches County Hospital District to employ physicians.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. The heading to Section 1069.060, Special
14	14	District Local Laws Code, as effective April 1, 2013, is amended to
15	15	read as follows:
16	16	Sec. 1069.060. [APPOINTMENT OF] STAFF AND EMPLOYEES.
17	17	SECTION 2. Section 1069.060, Special District Local Laws
18	18	Code, as effective April 1, 2013, is amended by adding Subsection
19	19	(b-1) and amending Subsection (c) to read as follows:
20	20	(b-1) The board may employ physicians, but only as provided
21	21	by Section 1069.0605.
22	22	(c) Except as provided by Section 1069.0605, the [The] board
23	23	may provide that the district administrator has the authority to
24	24	employ district employees, including technicians and nurses.
25	25	SECTION 3. Subchapter B, Chapter 1069, Special District
26	26	Local Laws Code, as effective April 1, 2013, is amended by adding
27	27	Section 1069.0605 to read as follows:
28	28	Sec. 1069.0605. EMPLOYMENT OF PHYSICIANS. (a) The board
29	29	may employ a physician and retain all or part of the professional
30	30	income generated by the physician for medical services provided at
31	31	a hospital or other health care facility owned or operated by the
32	32	district if the board satisfies the requirements of this section.
33	33	(b) The board shall:
34	34	(1) appoint a chief medical officer for the district
35	35	who has been recommended by the medical staff of the district; and
36	36	(2) adopt, maintain, and enforce policies to ensure
37	37	that a physician employed by the district exercises the physician's
38	38	independent medical judgment in providing care to patients.
39	39	(c) The policies adopted under this section must include:
40	40	(1) policies relating to:
41	41	(A) credentialing and privileges;
42	42	(B) quality assurance;
43	43	(C) utilization review;
44	44	(D) peer review and due process; 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	(d) The policies adopted under this section must be approved
50	50	by the district medical staff. The district medical staff and the
51	51	board shall jointly develop and implement a conflict management
52	52	policy to resolve any conflict between a medical staff policy and a
53	53	board policy.
54	54	(e) For all matters relating to the practice of medicine,
55	55	each physician employed by the district shall ultimately report to
56	56	the chief medical officer of the district.
57	57	(f) The chief medical officer shall notify the Texas Medical
58	58	Board that the board is employing physicians under this section and
59	59	that the chief medical officer is the board's designated contact
60	60	with the Texas Medical Board. The chief medical officer shall
61	61	immediately report to the Texas Medical Board any action or event
62	62	that the chief medical officer reasonably and in good faith
63	63	believes constitutes a compromise of the independent medical
64	64	judgment of a physician in caring for a patient.
65	65	(g) The board shall give equal consideration regarding the
66	66	issuance of medical staff membership and privileges to physicians
67	67	employed by the district and physicians not employed by the
68	68	district.
69	69	(h) A physician employed by the district shall retain
70	70	independent medical judgment in providing care to patients and may
71	71	not be disciplined for reasonably advocating for patient care.
72	72	(i) If the district provides professional liability
73	73	coverage for physicians employed by the district, a physician
74	74	employed by the district may participate in the selection of the
75	75	professional liability coverage, has the right to an independent
76	76	defense at the physician's own cost, and retains the right to
77	77	consent to the settlement of any action or proceeding brought
78	78	against the physician.
79	79	(j) If a physician employed by the district enters into an
80	80	employment agreement that includes a covenant not to compete, the
81	81	agreement is subject to Section 15.50, Business & Commerce Code.
82	82	(k) The board may not delegate to the chief executive
83	83	officer of the district the authority to hire a physician.
84	84	(l) This section applies to medical services provided by a
85	85	physician at a hospital or other health care facility owned or
86	86	operated by the district.
87	87	(m) The authority granted to the board under this section to
88	88	employ physicians shall apply as necessary for the district to
89	89	fulfill the district's statutory mandate to provide medical care
90	90	for the indigent and needy residents of the district as provided by
91	91	Section 1069.101.
92	92	(n) This section may not be construed as authorizing the
93	93	board to supervise or control the practice of medicine as
94	94	prohibited under Subtitle B, Title 3, Occupations Code.
95	95	SECTION 4. This Act takes effect immediately if it receives
96	96	a vote of two-thirds of all the members elected to each house, as
97	97	provided by Section 39, Article III, Texas Constitution. If this
98	98	Act does not receive the vote necessary for immediate effect, this
99	99	Act takes effect September 1, 2013.
100	100	* * * * *