Texas 2017 - 85th Regular

Texas House Bill HB3310 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R10251 BEE-D
2	2	By: Zedler H.B. No. 3310
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibiting certain discrimination against a physician
8	8	or an applicant for a license to practice medicine in this state.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 241.003, Health and Safety Code, is
11	11	amended by adding Subdivisions (7-a) and (16) to read as follows:
12	12	(7-a) "Maintenance of certification" has the meaning
13	13	assigned by Section 151.002, Occupations Code.
14	14	(16) "Specialty medical board certification" has the
15	15	meaning assigned by Section 151.002, Occupations Code.
16	16	SECTION 2. Subchapter A, Chapter 241, Health and Safety
17	17	Code, is amended by adding Section 241.011 to read as follows:
18	18	Sec. 241.011. DISCRIMINATION AGAINST PHYSICIAN BASED ON
19	19	SPECIALTY MEDICAL BOARD CERTIFICATION OR MAINTENANCE OF
20	20	CERTIFICATION. Notwithstanding any other law, the owner, operator,
21	21	or governing body of a hospital that is licensed in this state may
22	22	not:
23	23	(1) require a physician to obtain or maintain any form
24	24	of specialty medical board certification or maintenance of
25	25	certification to be eligible for medical staff membership or
26	26	professional privileges, including admitting privileges; or
27	27	(2) discriminate against, disfavor, or disadvantage a
28	28	physician who does not obtain or maintain specialty medical board
29	29	certification or maintenance of certification.
30	30	SECTION 3. Subtitle F, Title 8, Insurance Code, is amended
31	31	by adding Chapter 1461 to read as follows:
32	32	CHAPTER 1461. DISCRIMINATION AGAINST PHYSICIAN BASED ON MEDICAL
33	33	SPECIALTY BOARD CERTIFICATION OR MAINTENANCE OF CERTIFICATION
34	34	Sec. 1461.001. DEFINITIONS. In this chapter:
35	35	(1) "Enrollee" means an individual who is eligible to
36	36	receive health care services under a managed care plan.
37	37	(2) "Maintenance of certification" has the meaning
38	38	assigned by Section 151.002, Occupations Code.
39	39	(3) "Managed care plan" means a health benefit plan
40	40	under which medical care services are provided to enrollees through
41	41	contracts with physicians and that requires enrollees to use
42	42	participating physicians or that provides a different level of
43	43	coverage for enrollees who use participating physicians. The term
44	44	includes a health benefit plan issued by:
45	45	(A) a health maintenance organization;
46	46	(B) a preferred provider benefit plan issuer; or
47	47	(C) any other entity that issues a health benefit
48	48	plan, including an insurance company.
49	49	(4) "Participating physician" means a physician who
50	50	has directly or indirectly contracted with a health benefit plan
51	51	issuer to provide services to enrollees.
52	52	(5) "Physician" means a person licensed to practice
53	53	medicine in this state.
54	54	(6) "Specialty medical board certification" has the
55	55	meaning assigned by Section 151.002, Occupations Code.
56	56	Sec. 1461.002. APPLICABILITY. (a) This chapter applies to
57	57	a physician regardless of whether the physician is a participating
58	58	physician.
59	59	(b) This chapter applies to a person with whom a managed
60	60	care plan issuer contracts to:
61	61	(1) process or pay claims;
62	62	(2) obtain the services of physicians to provide
63	63	medical care services to enrollees; or
64	64	(3) issue verifications or preauthorizations.
65	65	Sec. 1461.003. DISCRIMINATION AGAINST PHYSICIAN BASED ON
66	66	SPECIALTY MEDICAL BOARD CERTIFICATION, MAINTENANCE OF
67	67	CERTIFICATION, OR STAFF PRIVILEGES. Notwithstanding any other law,
68	68	a managed care plan issuer may not:
69	69	(1) require for the payment or reimbursement of a
70	70	claim under the plan that a physician:
71	71	(A) obtain or maintain any form of specialty
72	72	medical board certification or maintenance of certification; or
73	73	(B) maintain hospital medical staff privileges;
74	74	or
75	75	(2) discriminate against, disfavor, or disadvantage a
76	76	physician who does not obtain or maintain specialty medical board
77	77	certification or maintenance of certification.
78	78	SECTION 4. Section 151.002(a), Occupations Code, is amended
79	79	by adding Subdivisions (6-b) and (13-a) to read as follows:
80	80	(6-b) "Maintenance of certification" means a process
81	81	of successful completion of periodic recertification examinations
82	82	that are required to maintain specialty medical board
83	83	certification.
84	84	(13-a) "Specialty medical board certification" means
85	85	certification by a board that specializes in one particular area of
86	86	medicine and typically requires additional and more strenuous
87	87	examinations than state licensing boards require to practice
88	88	medicine.
89	89	SECTION 5. Chapter 151, Occupations Code, is amended by
90	90	adding Subchapter C to read as follows:
91	91	SUBCHAPTER C. DISCRIMINATION AGAINST PHYSICIAN BASED ON MEDICAL
92	92	SPECIALTY BOARD CERTIFICATION OR MAINTENANCE OF CERTIFICATION
93	93	Sec. 151.101. DISCRIMINATION REGARDING PRACTICE OF
94	94	MEDICINE PROHIBITED. Notwithstanding any other law, the board may
95	95	not:
96	96	(1) require any form of specialty medical board
97	97	certification or maintenance of certification to practice medicine
98	98	in this state; or
99	99	(2) require any form of specialty medical board
100	100	certification or maintenance of certification for a person to be
101	101	eligible under this subtitle for:
102	102	(A) a license; or
103	103	(B) an initial or renewal registration permit.
104	104	Sec. 151.102. DISCRIMINATION BY STATE AGENCY PROHIBITED.
105	105	Notwithstanding any other law the board or another state agency may
106	106	not discriminate against, disfavor, or disadvantage a physician who
107	107	does not obtain or maintain specialty medical board certification
108	108	or maintenance of certification.
109	109	Sec. 151.103. DISCRIMINATION IN COMPACT PROHIBITED.
110	110	Notwithstanding any other law the board or another state agency may
111	111	not enter into a compact, including an interstate compact, that
112	112	discriminates against, disfavors, or disadvantages a physician who
113	113	does not obtain or maintain specialty medical board certification
114	114	or maintenance of certification.
115	115	SECTION 6. This Act takes effect September 1, 2017.