Texas 2017 - 85th Regular

Texas Senate Bill SB833 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Hughes S.B. No. 833
2		-	(In the Senate - Filed February 10, 2017; February 27, 2017,
3		-	read first time and referred to Committee on Health & Human
4		-	Services; May 1, 2017, reported adversely, with favorable
5		-	Committee Substitute by the following vote: Yeas 9, Nays 0;
6		-	May 1, 2017, sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 833 By: Perry
	2	+	(Meyer, Bonnen of Galveston, Oliverson, et al.)
9	3
10	4
11	5		A BILL TO BE ENTITLED
12	6		AN ACT
13	7		relating to the regulation of certain health organizations
14	8		certified by the Texas Medical Board; providing an administrative
15	9		penalty.
16	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	11		SECTION 1. Section 162.003, Occupations Code, is amended to
18	12		read as follows:
19	13		Sec. 162.003. REFUSAL TO CERTIFY; REVOCATION; PENALTY. On
20	14		a determination that a health organization commits a violation of
21	15		this subtitle or is established, organized, or operated in
22	16		violation of or with the intent to violate this subtitle, the board
23	17		may:
24	18		(1) refuse to certify the health organization on
25	19		application for certification by the organization under Section
26	20		162.001;
27	21		(2) revoke a certification made under Section 162.001
28	22		to that organization; or
29	23		(3) impose an administrative penalty against the
30	24		health organization under Subchapter A, Chapter 165.
31	25		SECTION 2. Subchapter A, Chapter 162, Occupations Code, is
32	26		amended by adding Sections 162.004 and 162.005 to read as follows:
33	27		Sec. 162.004. PROCEDURES FOR AND DISPOSITION OF COMPLAINTS
34	28		AGAINST NONPROFIT HEALTH CORPORATIONS. (a) The board shall accept
35	29		and process complaints against a health organization certified
36	30		under Section 162.001(b) for alleged violations of this subchapter
37	31		or any other provision of this subtitle applicable to a health
38	32		organization in the same manner as provided under Subchapter B,
39	33		Chapter 154, and the rules adopted under that subchapter, including
40	34		the requirements to:
41	35		(1) maintain a system to promptly and efficiently act
42	36		on complaints filed with the board;
43	37		(2) ensure that a complaint is not dismissed without
44	38		appropriate consideration; and
45	39		(3) establish methods by which physicians employed by
46	40		a health organization are notified of the name, mailing address,
47	41		and telephone number of the board for the purpose of directing
48	42		complaints under this section to the board.
49	43		(b) Each complaint, adverse report, investigation file,
50	44		other investigation report, and other investigative information in
51	45		the possession of or received or gathered by the board or the
52	46		board's employees or agents relating to a health organization
53	47		certified under Section 162.001(b) is privileged and confidential
54	48		and is not subject to discovery, subpoena, or other means of legal
55	49		compulsion for release to anyone other than the board or the board's
56	50		employees or agents involved in the investigation or discipline of
57	51		a health organization certified under Section 162.001(b).
58	52		(c) The board may dispose of a complaint or resolve the
59	53		investigation of a complaint under this section in a manner
60	54		provided under Subchapter A, Chapter 164, to the extent the board
61	55		determines the provisions of that subchapter can be made applicable
62	56		to a health organization certified under Section 162.001.
63	57		(d) The board may adopt rules as necessary to implement this
64	58		section.
65	59		Sec. 162.005. RETALIATION PROHIBITED. (a) In this
66	60		section, "nonprofit health corporation" means a health
67	61		organization certified under Section 162.001(b).
68	62		(b) A nonprofit health corporation may not, as applicable,
69	63		terminate, demote, retaliate against, discipline, discriminate
70	64		against, or otherwise penalize a person, a person's family member,
71	65		or a person's partner because the person:
72	66		(1) files a complaint under Section 162.004;
73	67		(2) reports in good faith an act or omission that the
74	68		person reasonably believes is a violation or attempted violation of
75	69		applicable state or federal law, including rules adopted under
76	70		state or federal law, to, as appropriate:
77	71		(A) the nonprofit health corporation;
78	72		(B) a regulatory agency; or
79	73		(C) a law enforcement authority;
80	74		(3) initiates or cooperates in an investigation or
81	75		proceeding of a regulatory agency or law enforcement authority
82	76		relating to care or services provided by, or policies of, the
83	77		nonprofit health corporation; or
84	78		(4) communicates to a patient information regarding
85	79		medically appropriate health care.
86	80		(c) A nonprofit health corporation may not prohibit,
87	81		restrict, or discourage a person from taking any action described
88	82		by Subsection (b).
89	83		(d) A person who makes a report under Subsection (b)(2) is
90	84		immune from civil liability for a report made in good faith.
91	85		(e) An employment contract between a nonprofit health
92	86		corporation and a physician must contain a provision requiring the
93	87		nonprofit health corporation to comply with the requirements of
94	88		this section.
95	89		SECTION 3. Section 162.003, Occupations Code, as amended by
96	90		this Act, and Section 162.004, Occupations Code, as added by this
97	91		Act, apply only to a violation by a health organization that occurs
98	92		on or after the effective date of this Act. A violation that occurs
99	93		before the effective date of this Act is governed by the law in
100	94		effect on the date the violation occurred, and the former law is
101	95		continued in effect for that purpose.
102	96		SECTION 4. Section 162.005, Occupations Code, as added by
103	97		this Act, applies only to an adverse action that is taken by a
104	98		nonprofit health corporation on or after the effective date of this
105	99		Act. An adverse action taken before the effective date of this Act
106	100		is governed by the law in effect on the date the adverse action was
107	101		taken, and the former law is continued in effect for that purpose.
108	102		SECTION 5. Section 162.005(e), Occupations Code, as added
109	103		by this Act, applies only to a contract entered into on or after the
110	104		effective date of this Act.
111	105		SECTION 6. This Act takes effect September 1, 2017.
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