Texas 2019 - 86th Regular

Texas House Bill HB3463 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3463
	1	+	By: Frullo (Senate Sponsor - Perry) H.B. No. 3463
	2	+	(In the Senate - Received from the House April 15, 2019;
	3	+	April 16, 2019, read first time and referred to Committee on
	4	+	Intergovernmental Relations; May 15, 2019, reported favorably by
	5	+	the following vote: Yeas 7, Nays 0; May 15, 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 authority of the Lubbock County Hospital District of
6	12		Lubbock County, Texas, to employ physicians.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Subchapter B, Chapter 1053, Special District
9	15		Local Laws Code, is amended by adding Section 1053.0601 to read as
10	16		follows:
11	17		Sec. 1053.0601. EMPLOYMENT OF PHYSICIANS TO PROVIDE CERTAIN
12	18		HOSPITAL-BASED SERVICES. (a) For purposes of this section,
13	19		"hospital-based services" means the following services when
14	20		provided at a hospital:
15	21		(1) emergency medicine;
16	22		(2) general medicine practiced by a hospitalist; and
17	23		(3) radiology services.
18	24		(b) The board may employ physicians as the board considers
19	25		necessary to provide hospital-based services at a hospital owned or
20	26		operated by the district as provided by this section. The board may
21	27		retain all or part of the professional income generated by a
22	28		physician employed by the district for those hospital-based
23	29		services if the board satisfies the requirements of this section.
24	30		(c) The term of an employment contract entered into under
25	31		this section may not exceed five years.
26	32		(d) This section may not be construed as authorizing the
27	33		board to:
28	34		(1) supervise or control the practice of medicine, as
29	35		prohibited by Subtitle B, Title 3, Occupations Code; or
30	36		(2) employ physicians for any purpose other than the
31	37		provision of hospital-based services at a hospital owned or
32	38		operated by the district.
33	39		(e) The authority granted to the board under Subsection (b)
34	40		to employ physicians shall apply as necessary for the district to
35	41		fulfill the district's statutory mandate to provide medical and
36	42		hospital care to the district's residents, including the district's
37	43		needy and indigent residents, as provided by Sections 1053.101 and
38	44		1053.104.
39	45		(f) The medical executive committee of the district shall
40	46		adopt, maintain, and enforce policies to ensure that a physician
41	47		employed by the district exercises the physician's independent
42	48		medical judgment in providing care to patients.
43	49		(g) The policies adopted by the medical executive committee
44	50		under this section must include:
45	51		(1) policies relating to:
46	52		(A) governance of the medical executive
47	53		committee;
48	54		(B) credentialing;
49	55		(C) quality assurance;
50	56		(D) utilization review;
51	57		(E) peer review;
52	58		(F) medical decision-making; and
53	59		(G) due process; and
54	60		(2) rules requiring the disclosure of financial
55	61		conflicts of interest by a member of the medical executive
56	62		committee.
57	63		(h) The medical executive committee and the board shall
58	64		jointly develop and implement a conflict management process to
59	65		resolve any conflict between a policy adopted by the medical
60	66		executive committee under this section and a policy of the
61	67		district.
62	68		(i) A member of the medical executive committee who is a
63	69		physician shall provide biennially to the chair of the medical
64	70		executive committee a signed, verified statement indicating that
65	71		the committee member:
66	72		(1) is licensed by the Texas Medical Board;
67	73		(2) will exercise independent medical judgment in all
68	74		medical executive committee matters, including matters relating
69	75		to:
70	76		(A) credentialing;
71	77		(B) quality assurance;
72	78		(C) utilization review;
73	79		(D) peer review;
74	80		(E) medical decision-making; and
75	81		(F) due process;
76	82		(3) will exercise the committee member's best efforts
77	83		to ensure compliance with the policies that are adopted or
78	84		established by the medical executive committee; and
79	85		(4) will report immediately to the Texas Medical Board
80	86		any action or event that the committee member reasonably and in good
81	87		faith believes constitutes a compromise of the independent medical
82	88		judgment of a physician in caring for a patient.
83	89		(j) For all matters relating to the practice of medicine,
84	90		each physician employed by the district shall ultimately report to
85	91		the chair of the medical executive committee for the district.
86	92		SECTION 2. This Act takes effect immediately if it receives
87	93		a vote of two-thirds of all the members elected to each house, as
88	94		provided by Section 39, Article III, Texas Constitution. If this
89	95		Act does not receive the vote necessary for immediate effect, this
90	96		Act takes effect September 1, 2019.
91		-	______________________________ ______________________________
92		-	President of the Senate Speaker of the House
93		-	I certify that H.B. No. 3463 was passed by the House on April
94		-	12, 2019, by the following vote: Yeas 142, Nays 1, 2 present, not
95		-	voting.
96		-	______________________________
97		-	Chief Clerk of the House
98		-	I certify that H.B. No. 3463 was passed by the Senate on May
99		-	21, 2019, by the following vote: Yeas 31, Nays 0.
100		-	______________________________
101		-	Secretary of the Senate
102		-	APPROVED: _____________________
103		-	Date
104		-	_____________________
105		-	Governor
	97	+	* * * * *