84R18285 TSR-D
By: Hughes, Bonnen of Galveston, Spitzer H.B. No. 3804
Substitute the following for H.B. No. 3804:
By: Cook C.S.H.B. No. 3804
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of certain health organizations
certified by the Texas Medical Board; adding provisions subject to
a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 162.0021, Occupations Code, is amended
to read as follows:
Sec. 162.0021. INTERFERENCE WITH PHYSICIAN'S PROFESSIONAL
JUDGMENT PROHIBITED. (a) A health organization certified under
Section 162.001(b) may not interfere with, control, or otherwise
direct a physician's professional judgment in violation of this
subchapter or any other provision of law, including board rules.
(b) A health organization that violates Subsection (a) is
subject to the penalties prescribed by Section 162.003, including
the revocation of a certification issued under Section 162.001 to
that organization.
(c) A physician or chief medical officer who provides
professional medical services for a health organization that
violates Subsection (a) shall report the violation to the board and
the attorney general for investigation.
(d) Any person who is employed by or otherwise affiliated
with a health organization that violates Subsection (a) and is
familiar with a chief medical officer's failure to report the
violation as required by Subsection (c) shall report to the board
and the attorney general the failure of the chief medical officer to
report the violation.
(e) A chief medical officer, as a physician licensed by the
board, is accountable to the board for the chief medical officer's
failure to report.
SECTION 2. Section 162.0023, Occupations Code, is amended
to read as follows:
Sec. 162.0023. DISCIPLINARY ACTION RESTRICTION. (a) A
physician employed by or otherwise affiliated with a health
organization certified under Section 162.001(b) retains
independent medical judgment in providing care to patients, and the
health organization may not discipline the physician for reasonably
advocating for patient care.
(b) A health organization that violates Subsection (a) is
subject to the penalties prescribed by Section 162.003, including
the revocation of a certification issued under Section 162.001 to
that organization.
(c) A physician or chief medical officer who provides
professional medical services for a health organization that
violates Subsection (a) shall report the violation to the board and
the attorney general for investigation.
(d) Any person who is employed by or otherwise affiliated
with a health organization that violates Subsection (a) and is
familiar with a chief medical officer's failure to report the
violation as required by Subsection (c) shall report to the board
and the attorney general the failure of the chief medical officer to
report the violation.
(e) A chief medical officer, as a physician licensed by the
board, is accountable to the board for the chief medical officer's
failure to report.
SECTION 3. The changes in law made by this Act to Sections
162.0021 and 162.0023, Occupations Code, apply only to a violation
by a health organization that occurs on or after the effective date
of this Act. A violation that occurs before the effective date of
this Act is governed by the law in effect on the date the violation
occurred, and the former law is continued in effect for that
purpose.
SECTION 4. This Act takes effect September 1, 2015.