| 4 | 6 | | AN ACT |
|---|
| 5 | 7 | | relating to authority of the Travis County Healthcare District to |
|---|
| 6 | 8 | | appoint, contract for, or employ physicians. |
|---|
| 7 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 8 | 10 | | SECTION 1. Subchapter B, Chapter 281, Health and Safety |
|---|
| 9 | 11 | | Code, is amended by adding Section 281.02815 to read as follows: |
|---|
| 10 | 12 | | Sec. 281.02815. EMPLOYMENT OF PHYSICIANS BY CERTAIN |
|---|
| 11 | 13 | | HOSPITAL DISTRICTS. (a) This section applies only to a district |
|---|
| 12 | 14 | | created in a county with a population of more than 800,000 that was |
|---|
| 13 | 15 | | not included in the boundaries of a hospital district before |
|---|
| 14 | 16 | | September 1, 2003. |
|---|
| 15 | 17 | | (b) In addition to the authority to employ physicians under |
|---|
| 16 | 18 | | Section 281.0281 in the manner and for the purposes provided by that |
|---|
| 17 | 19 | | section, the board of the district may appoint, contract for, or |
|---|
| 18 | 20 | | employ physicians as the board considers necessary for the |
|---|
| 19 | 21 | | efficient operation of the district. |
|---|
| 20 | 22 | | (c) The term of an employment contract entered into under |
|---|
| 21 | 23 | | this section may not exceed four years. |
|---|
| 22 | 24 | | (d) This section may not be construed as authorizing the |
|---|
| 23 | 25 | | board to supervise or control the practice of medicine, as |
|---|
| 24 | 26 | | prohibited by Subtitle B, Title 3, Occupations Code. |
|---|
| 25 | 27 | | (e) The authority granted to the board under Subsection (b) |
|---|
| 26 | 28 | | to employ physicians shall apply as necessary for the district to |
|---|
| 27 | 29 | | fulfill the district's statutory mandate to provide medical care |
|---|
| 28 | 30 | | for the indigent and needy residents of the district as provided by |
|---|
| 29 | 31 | | Section 281.046. |
|---|
| 30 | 32 | | (f) The medical executive board of the district shall adopt, |
|---|
| 31 | 33 | | maintain, and enforce policies to ensure that a physician employed |
|---|
| 32 | 34 | | by the district under this section exercises the physician's |
|---|
| 33 | 35 | | independent medical judgment in providing care to patients. |
|---|
| 34 | 36 | | (g) The policies adopted by the medical executive board |
|---|
| 35 | 37 | | under this section must include: |
|---|
| 36 | 38 | | (1) policies relating to: |
|---|
| 37 | 39 | | (A) governance of the medical executive board; |
|---|
| 38 | 40 | | (B) credentialing; |
|---|
| 39 | 41 | | (C) quality assurance; |
|---|
| 40 | 42 | | (D) utilization review; |
|---|
| 41 | 43 | | (E) peer review; |
|---|
| 42 | 44 | | (F) medical decision-making; and |
|---|
| 43 | 45 | | (G) due process; and |
|---|
| 44 | 46 | | (2) rules requiring the disclosure of financial |
|---|
| 45 | 47 | | conflicts of interest by a member of the medical executive board. |
|---|
| 46 | 48 | | (h) The medical executive board and the board of the |
|---|
| 47 | 49 | | district shall jointly develop and implement a conflict management |
|---|
| 48 | 50 | | process to resolve any conflict between a policy adopted by the |
|---|
| 49 | 51 | | medical executive board under this section and a policy of the |
|---|
| 50 | 52 | | district. |
|---|
| 51 | 53 | | (i) A member of the medical executive board who is a |
|---|
| 52 | 54 | | physician shall provide biennially to the chair of the medical |
|---|
| 53 | 55 | | executive board a signed, verified statement indicating that the |
|---|
| 54 | 56 | | board member: |
|---|
| 55 | 57 | | (1) is licensed by the Texas Medical Board; |
|---|
| 56 | 58 | | (2) will exercise independent medical judgment in all |
|---|
| 57 | 59 | | medical executive board matters, including matters relating to: |
|---|
| 58 | 60 | | (A) credentialing; |
|---|
| 59 | 61 | | (B) quality assurance; |
|---|
| 60 | 62 | | (C) utilization review; |
|---|
| 61 | 63 | | (D) peer review; |
|---|
| 62 | 64 | | (E) medical decision-making; and |
|---|
| 63 | 65 | | (F) due process; |
|---|
| 64 | 66 | | (3) will exercise the board member's best efforts to |
|---|
| 65 | 67 | | ensure compliance with the policies that are adopted or established |
|---|
| 66 | 68 | | by the medical executive board; and |
|---|
| 67 | 69 | | (4) will report immediately to the Texas Medical Board |
|---|
| 68 | 70 | | any action or event that the board member reasonably and in good |
|---|
| 69 | 71 | | faith believes constitutes a compromise of the independent medical |
|---|
| 70 | 72 | | judgment of a physician in caring for a patient. |
|---|
| 71 | 73 | | (j) For all matters relating to the practice of medicine, |
|---|
| 72 | 74 | | each physician employed by the district under this section shall |
|---|
| 73 | 75 | | ultimately report to the chair of the medical executive board for |
|---|
| 74 | 76 | | the district. |
|---|
| 75 | 77 | | SECTION 2. This Act takes effect immediately if it receives |
|---|
| 76 | 78 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 77 | 79 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 78 | 80 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 79 | 81 | | Act takes effect September 1, 2019. |
|---|