Texas 2015 - 84th Regular

Texas House Bill HB3804 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R18285 TSR-D
2	2	By: Hughes, Bonnen of Galveston, Spitzer H.B. No. 3804
3	3	Substitute the following for H.B. No. 3804:
4	4	By: Cook C.S.H.B. No. 3804
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation of certain health organizations
10	10	certified by the Texas Medical Board; adding provisions subject to
11	11	a criminal penalty.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 162.0021, Occupations Code, is amended
14	14	to read as follows:
15	15	Sec. 162.0021. INTERFERENCE WITH PHYSICIAN'S PROFESSIONAL
16	16	JUDGMENT PROHIBITED. (a) A health organization certified under
17	17	Section 162.001(b) may not interfere with, control, or otherwise
18	18	direct a physician's professional judgment in violation of this
19	19	subchapter or any other provision of law, including board rules.
20	20	(b) A health organization that violates Subsection (a) is
21	21	subject to the penalties prescribed by Section 162.003, including
22	22	the revocation of a certification issued under Section 162.001 to
23	23	that organization.
24	24	(c) A physician or chief medical officer who provides
25	25	professional medical services for a health organization that
26	26	violates Subsection (a) shall report the violation to the board and
27	27	the attorney general for investigation.
28	28	(d) Any person who is employed by or otherwise affiliated
29	29	with a health organization that violates Subsection (a) and is
30	30	familiar with a chief medical officer's failure to report the
31	31	violation as required by Subsection (c) shall report to the board
32	32	and the attorney general the failure of the chief medical officer to
33	33	report the violation.
34	34	(e) A chief medical officer, as a physician licensed by the
35	35	board, is accountable to the board for the chief medical officer's
36	36	failure to report.
37	37	SECTION 2. Section 162.0023, Occupations Code, is amended
38	38	to read as follows:
39	39	Sec. 162.0023. DISCIPLINARY ACTION RESTRICTION. (a) A
40	40	physician employed by or otherwise affiliated with a health
41	41	organization certified under Section 162.001(b) retains
42	42	independent medical judgment in providing care to patients, and the
43	43	health organization may not discipline the physician for reasonably
44	44	advocating for patient care.
45	45	(b) A health organization that violates Subsection (a) is
46	46	subject to the penalties prescribed by Section 162.003, including
47	47	the revocation of a certification issued under Section 162.001 to
48	48	that organization.
49	49	(c) A physician or chief medical officer who provides
50	50	professional medical services for a health organization that
51	51	violates Subsection (a) shall report the violation to the board and
52	52	the attorney general for investigation.
53	53	(d) Any person who is employed by or otherwise affiliated
54	54	with a health organization that violates Subsection (a) and is
55	55	familiar with a chief medical officer's failure to report the
56	56	violation as required by Subsection (c) shall report to the board
57	57	and the attorney general the failure of the chief medical officer to
58	58	report the violation.
59	59	(e) A chief medical officer, as a physician licensed by the
60	60	board, is accountable to the board for the chief medical officer's
61	61	failure to report.
62	62	SECTION 3. The changes in law made by this Act to Sections
63	63	162.0021 and 162.0023, Occupations Code, apply only to a violation
64	64	by a health organization that occurs on or after the effective date
65	65	of this Act. A violation that occurs before the effective date of
66	66	this Act is governed by the law in effect on the date the violation
67	67	occurred, and the former law is continued in effect for that
68	68	purpose.
69	69	SECTION 4. This Act takes effect September 1, 2015.