Texas 2019 86th Regular

Texas House Bill HB1227 Introduced / Bill

Filed 01/30/2019

                    86R7022 SRA-F
 By: Flynn H.B. No. 1227


 A BILL TO BE ENTITLED
 AN ACT
 relating to authority of the Hunt Memorial Hospital District to
 appoint, contract for, or employ physicians.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subchapter B, Chapter 1044, Special District
 Local Laws Code, is amended by adding Section 1044.0605 to read as
 follows:
 Sec. 1044.0605.  EMPLOYMENT OF PHYSICIANS. (a) The board
 may appoint, contract for, or employ physicians as the board
 considers necessary for the efficient operation of the district.
 (b)  The term of an employment contract entered into under
 this section may not exceed four years.
 (c)  This section may not be construed as authorizing the
 board to supervise or control the practice of medicine, as
 prohibited by Subtitle B, Title 3, Occupations Code.
 (d)  The authority granted to the board under Subsection (a)
 to employ physicians shall apply as necessary for the district to
 fulfill the district's statutory mandate to provide medical care
 for the needy and indigent residents of the district as provided by
 Section 1044.101.
 (e)  The medical executive board of the district shall adopt,
 maintain, and enforce policies to ensure that a physician employed
 by the district exercises the physician's independent medical
 judgment in providing care to patients.
 (f)  The policies adopted by the medical executive board
 under this section must include:
 (1)  policies relating to:
 (A)  governance of the medical executive board;
 (B)  credentialing;
 (C)  quality assurance;
 (D)  utilization review;
 (E)  peer review;
 (F)  medical decision-making; and
 (G)  due process; and
 (2)  rules requiring the disclosure of financial
 conflicts of interest by a member of the medical executive board.
 (g)  The medical executive board and the district's board
 shall jointly develop and implement a conflict management process
 to resolve any conflict between a policy adopted by the medical
 executive board under this section and a policy of the district.
 (h)  A member of the medical executive board who is a
 physician shall provide biennially to the chair of the medical
 executive board a signed, verified statement indicating that the
 board member:
 (1)  is licensed by the Texas Medical Board;
 (2)  will exercise independent medical judgment in all
 medical executive board matters, including matters relating to:
 (A)  credentialing;
 (B)  quality assurance;
 (C)  utilization review;
 (D)  peer review;
 (E)  medical decision-making; and
 (F)  due process;
 (3)  will exercise the board member's best efforts to
 ensure compliance with the policies that are adopted or established
 by the medical executive board; and
 (4)  will report immediately to the Texas Medical Board
 any action or event that the board member reasonably and in good
 faith believes constitutes a compromise of the independent medical
 judgment of a physician in caring for a patient.
 (i)  For all matters relating to the practice of medicine,
 each physician employed by the district shall ultimately report to
 the chair of the medical executive board for the district.
 SECTION 2.  This Act takes effect September 1, 2019.