Texas 2019 - 86th Regular

Texas House Bill HB1532 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1532
	1	+	By: Meyer (Senate Sponsor - Hughes) H.B. No. 1532
	2	+	(In the Senate - Received from the House May 2, 2019;
	3	+	May 3, 2019, read first time and referred to Committee on Health &
	4	+	Human Services; May 20, 2019, reported favorably by the following
	5	+	vote: Yeas 9, Nays 0; May 20, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the regulation of certain health organizations
6	12		certified by the Texas Medical Board; providing an administrative
7	13		penalty; authorizing a fee.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Section 162.003, Occupations Code, is amended to
10	16		read as follows:
11	17		Sec. 162.003. REFUSAL TO CERTIFY; REVOCATION; PENALTY. On
12	18		a determination that a health organization commits a violation of
13	19		this subtitle or is established, organized, or operated in
14	20		violation of or with the intent to violate this subtitle, the board
15	21		may:
16	22		(1) refuse to certify the health organization on
17	23		application for certification by the organization under Section
18	24		162.001;
19	25		(2) revoke a certification made under Section 162.001
20	26		to that organization; or
21	27		(3) impose an administrative penalty against the
22	28		health organization under Subchapter A, Chapter 165.
23	29		SECTION 2. Subchapter A, Chapter 162, Occupations Code, is
24	30		amended by adding Sections 162.004, 162.005, and 162.006 to read as
25	31		follows:
26	32		Sec. 162.004. PROCEDURES FOR AND DISPOSITION OF COMPLAINTS
27	33		AGAINST CERTAIN HEALTH ORGANIZATIONS. (a) The board shall accept
28	34		and process complaints against a health organization certified
29	35		under Section 162.001(b) for alleged violations of this subchapter
30	36		or any other provision of this subtitle applicable to a health
31	37		organization in the same manner as provided under Subchapter B,
32	38		Chapter 154, and the rules adopted under that subchapter, including
33	39		the requirements to:
34	40		(1) maintain a system to promptly and efficiently act
35	41		on complaints filed with the board;
36	42		(2) with respect to a health organization that is the
37	43		subject of a complaint, notify the health organization that a
38	44		complaint has been filed, disclose the nature of the complaint, and
39	45		provide the health organization with an opportunity to respond to
40	46		the complaint;
41	47		(3) ensure that a complaint is not dismissed without
42	48		appropriate consideration; and
43	49		(4) establish methods by which physicians employed by
44	50		a health organization are notified of the name, mailing address,
45	51		and telephone number of the board for the purpose of directing
46	52		complaints under this section to the board.
47	53		(b) Each complaint, adverse report, investigation file,
48	54		other investigation report, and other investigative information in
49	55		the possession of or received or gathered by the board or the
50	56		board's employees or agents relating to a health organization
51	57		certified under Section 162.001(b) is privileged and confidential
52	58		and is not subject to discovery, subpoena, or other means of legal
53	59		compulsion for release to anyone other than the board or the board's
54	60		employees or agents involved in the investigation or discipline of
55	61		a health organization certified under Section 162.001(b).
56	62		(c) The board may dispose of a complaint or resolve the
57	63		investigation of a complaint under this section in a manner
58	64		provided under Subchapter A, Chapter 164, to the extent the board
59	65		determines the provisions of that subchapter can be made applicable
60	66		to a health organization certified under Section 162.001.
61	67		(d) This section does not require an individual to file or
62	68		prohibit an individual from filing a complaint against a health
63	69		organization certified under Section 162.001(b) directly with the
64	70		health organization, alone or in connection with a complaint filed
65	71		with the board under this section, relating to:
66	72		(1) the care or services provided by, or the policies
67	73		of, the health organization; or
68	74		(2) an alleged violation by the health organization of
69	75		this subchapter or any other provision of this subtitle applicable
70	76		to the health organization.
71	77		Sec. 162.005. ANTI-RETALIATION POLICY. (a) A health
72	78		organization certified under Section 162.001(b) shall develop,
73	79		implement, and comply with an anti-retaliation policy for
74	80		physicians under which the health organization may not terminate,
75	81		demote, retaliate against, discipline, discriminate against, or
76	82		otherwise penalize a physician for:
77	83		(1) filing in good faith a complaint under Section
78	84		162.004;
79	85		(2) cooperating in good faith with an investigation or
80	86		proceeding of the board relating to a complaint filed under Section
81	87		162.004; or
82	88		(3) communicating to a patient in good faith what the
83	89		physician reasonably believes to be the physician's best,
84	90		independent medical judgment.
85	91		(b) On a determination that a health organization certified
86	92		under Section 162.001(b) has failed to develop, implement, or
87	93		comply with a policy described by Subsection (a), the board may take
88	94		any action allowed under this subtitle or board rule applicable to a
89	95		health organization.
90	96		Sec. 162.006. BIENNIAL REPORT REQUIRED FOR CERTAIN HEALTH
91	97		ORGANIZATIONS. (a) Each health organization certified under
92	98		Section 162.001(b) shall file with the board a biennial report in
93	99		September of each odd-numbered year if the organization was
94	100		certified in an odd-numbered year or in September of each
95	101		even-numbered year if the organization was certified in an
96	102		even-numbered year. The biennial report must include:
97	103		(1) a statement signed and verified by the president
98	104		or chief executive officer of the health organization that:
99	105		(A) provides the name and mailing address of:
100	106		(i) the health organization;
101	107		(ii) each member of the health
102	108		organization, except that if the health organization has no
103	109		members, a statement indicating that fact;
104	110		(iii) each member of the board of directors
105	111		of the health organization; and
106	112		(iv) each officer of the health
107	113		organization; and
108	114		(B) discloses any change in the composition of
109	115		the board of directors since the date of the most recent biennial
110	116		report;
111	117		(2) a statement signed and verified by the president
112	118		or chief executive officer of the health organization that:
113	119		(A) indicates whether the health organization's
114	120		certificate of formation or bylaws were amended since the date of
115	121		the most recent biennial report;
116	122		(B) if applicable, provides a concise
117	123		explanation of the amendments and states whether the amendments
118	124		were recommended or approved by the board of directors; and
119	125		(C) has attached to the statement a copy of the
120	126		organization's current certificate of formation and bylaws if a
121	127		copy is not already on file with the board;
122	128		(3) a statement from each current director of the
123	129		health organization, signed and verified by the director:
124	130		(A) stating that the director is licensed by the
125	131		board to practice medicine, is actively engaged in the practice of
126	132		medicine, and has no restrictions on the director's license;
127	133		(B) stating that the director will, as a
128	134		director:
129	135		(i) exercise independent judgment in all
130	136		matters, specifically including matters relating to credentialing,
131	137		quality assurance, utilization review, peer review, and the
132	138		practice of medicine;
133	139		(ii) exercise best efforts to cause the
134	140		health organization to comply with all relevant provisions of this
135	141		subtitle and board rules; and
136	142		(iii) immediately report to the board any
137	143		action or event the director reasonably and in good faith believes
138	144		constitutes a violation or attempted violation of this subtitle or
139	145		board rules;
140	146		(C) identifying and concisely explaining the
141	147		nature of each financial relationship the director has, if any,
142	148		with a member, another director, or a supplier of the health
143	149		organization or an affiliate of those persons; and
144	150		(D) stating that the director has disclosed all
145	151		financial relationships described by Paragraph (C); and
146	152		(4) a statement signed and verified by the president
147	153		or chief executive officer of the health organization indicating
148	154		that the health organization is in compliance with the requirements
149	155		for continued certification provided by this subtitle and board
150	156		rules.
151	157		(b) A health organization required to submit a biennial
152	158		report under Subsection (a) shall submit with the report a fee in
153	159		the amount prescribed by board rule.
154	160		(c) Not later than January 1 of each year, the board shall
155	161		publish on the board's Internet website the information provided to
156	162		the board in each statement under Subsection (a)(1).
157	163		(d) Information provided to the board in each statement
158	164		under Subsections (a)(2), (3), and (4) is public information
159	165		subject to disclosure under Chapter 552, Government Code.
160	166		(e) The board may adopt rules necessary to implement this
161	167		section.
162	168		SECTION 3. Section 162.003, Occupations Code, as amended by
163	169		this Act, and Section 162.004, Occupations Code, as added by this
164	170		Act, apply only to a violation by a health organization that occurs
165	171		on or after the effective date of this Act. A violation that occurs
166	172		before the effective date of this Act is governed by the law in
167	173		effect on the date the violation occurred, and the former law is
168	174		continued in effect for that purpose.
169	175		SECTION 4. Not later than December 31, 2019, a health
170	176		organization certified under Section 162.001(b), Occupations Code,
171	177		shall develop the anti-retaliation policy required by Section
172	178		162.005, Occupations Code, as added by this Act.
173	179		SECTION 5. (a) Except as provided by Subsection (b) of this
174	180		section, this Act takes effect September 1, 2019.
175	181		(b) Section 162.005(b), Occupations Code, as added by this
176	182		Act, takes effect January 1, 2020.
177		-	______________________________ ______________________________
178		-	President of the Senate Speaker of the House
179		-	I certify that H.B. No. 1532 was passed by the House on May 2,
180		-	2019, by the following vote: Yeas 134, Nays 4, 1 present, not
181		-	voting.
182		-	______________________________
183		-	Chief Clerk of the House
184		-	I certify that H.B. No. 1532 was passed by the Senate on May
185		-	22, 2019, by the following vote: Yeas 31, Nays 0.
186		-	______________________________
187		-	Secretary of the Senate
188		-	APPROVED: _____________________
189		-	Date
190		-	_____________________
191		-	Governor
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