Texas 2019 - 86th Regular

Texas House Bill HB1227 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		86R20408 SRA-D
2	2		By: Flynn H.B. No. 1227
	3	+	Substitute the following for H.B. No. 1227:
	4	+	By: Bohac C.S.H.B. No. 1227
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to authority of the Hunt Memorial Hospital District to
8	10		appoint, contract for, or employ physicians.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Subchapter B, Chapter 1044, Special District
11	13		Local Laws Code, is amended by adding Section 1044.0605 to read as
12	14		follows:
13	15		Sec. 1044.0605. EMPLOYMENT OF PHYSICIANS. (a) The board
14	16		may appoint, contract for, or employ physicians as the board
15	17		considers necessary to provide medical services at a health care
16	18		facility owned or operated by the district as provided by this
17	19		section. The board may retain all or part of the professional income
18	20		generated by a physician employed by the district for those medical
19	21		services if the board satisfies the requirements of this section.
20	22		(b) This section may not be construed as authorizing the
21	23		board to supervise or control the practice of medicine, as
22	24		prohibited by Subtitle B, Title 3, Occupations Code.
23	25		(c) The board shall:
24	26		(1) appoint a chief medical officer for the district
25	27		who has been recommended by the medical staff of the district; and
26	28		(2) adopt, maintain, and enforce policies to ensure
27	29		that a physician employed by the district exercises the physician's
28	30		independent medical judgment in providing care to patients at
29	31		health care facilities owned or operated by the district.
30	32		(d) The policies adopted under this section must include:
31	33		(1) policies relating to:
32	34		(A) credentialing and privileges;
33	35		(B) quality assurance;
34	36		(C) utilization review;
35	37		(D) peer review and due process; and
36	38		(E) medical decision-making; and
37	39		(2) the implementation of a complaint mechanism to
38	40		process and resolve complaints regarding interference or attempted
39	41		interference with a physician's independent medical judgment.
40	42		(e) The policies adopted under this section must be approved
41	43		by the medical staff of the district. The chief medical officer and
42	44		the board shall jointly develop and implement a conflict management
43	45		policy to resolve any conflict between a policy approved by the
44	46		medical staff under this section and any other district policy.
45	47		(f) For all matters relating to the practice of medicine,
46	48		each physician employed by the district shall ultimately report to
47	49		the chief medical officer of the district.
48	50		(g) The chief medical officer shall notify the Texas Medical
49	51		Board that the district is employing physicians under this section
50	52		and that the chief medical officer is the district's designated
51	53		contact with the Texas Medical Board. The chief medical officer
52	54		shall immediately report to the Texas Medical Board any action or
53	55		event that the chief medical officer reasonably and in good faith
54	56		believes constitutes a compromise of the independent medical
55	57		judgment of a physician in caring for a patient.
56	58		(h) The board shall give equal consideration regarding the
57	59		issuance of medical staff membership and privileges to physicians
58	60		employed by the district and physicians not employed by the
59	61		district.
60	62		(i) A physician employed by the district shall retain
61	63		independent medical judgment in providing care to patients at a
62	64		health care facility owned or operated by the district and may not
63	65		be disciplined for reasonably advocating for patient care.
64	66		(j) If the district provides professional liability
65	67		coverage for physicians employed by the district, a physician
66	68		employed by the district may participate in the selection of the
67	69		professional liability coverage, has the right to an independent
68	70		defense at the physician's own cost, and retains the right to
69	71		consent to the settlement of any action or proceeding brought
70	72		against the physician.
71	73		(k) If a physician employed by the district enters into an
72	74		employment agreement that includes a covenant not to compete, the
73	75		agreement is subject to Section 15.50, Business & Commerce Code,
74	76		and any other applicable law.
75	77		SECTION 2. This Act takes effect September 1, 2019.