Texas 2019 - 86th Regular

Texas Senate Bill SB1690 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	2019S0287-1 02/26/19
1	2		By: Perry S.B. No. 1690
2		-	(In the Senate - Filed March 6, 2019; March 14, 2019, read
3		-	first time and referred to Committee on Intergovernmental
4		-	Relations; April 1, 2019, reported adversely, with favorable
5		-	Committee Substitute by the following vote: Yeas 6, Nays 0;
6		-	April 1, 2019, sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 1690 By: Schwertner
9	3
10	4
11	5		A BILL TO BE ENTITLED
12	6		AN ACT
13		-	relating to authority of the Lubbock County Hospital District of
14		-	Lubbock County, Texas, to employ physicians.
	7	+	relating to the authority of the Lubbock County Hospital District
	8	+	of Lubbock County, Texas, to employ physicians.
15	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	10		SECTION 1. Subchapter B, Chapter 1053, Special District
17	11		Local Laws Code, is amended by adding Section 1053.0601 to read as
18	12		follows:
19		-	Sec. 1053.0601. EMPLOYMENT OF PHYSICIANS TO PROVIDE CERTAIN
20		-	HOSPITAL-BASED SERVICES. (a) For purposes of this section,
21		-	"hospital-based services" means the following services when
22		-	provided at a hospital:
23		-	(1) emergency medicine;
24		-	(2) general medicine practiced by a hospitalist; and
25		-	(3) radiology services.
	13	+	Sec. 1053.0601. EMPLOYMENT OF PHYSICIANS. (a) In this
	14	+	section:
	15	+	(1) "Facility-based services" means emergency
	16	+	medicine, general hospital medicine, and radiology services
	17	+	provided at a hospital or other health care facility.
	18	+	(2) "Other health care facility" means an ambulatory
	19	+	surgical center, emergency center, cancer center, or imaging center
	20	+	operated separately from a hospital.
26	21		(b) The board may employ physicians as the board considers
27		-	necessary to provide hospital-based services at a hospital owned or
28		-	operated by the district as provided by this section. The board may
29		-	retain all or part of the professional income generated by a
30		-	physician employed by the district for those hospital-based
31		-	services if the board satisfies the requirements of this section.
	22	+	necessary to provide facility-based services at a hospital or other
	23	+	health care facility owned or operated by the district as provided
	24	+	by this section. The board may retain all or part of the
	25	+	professional income generated by a physician employed by the
	26	+	district for such facility-based services if the board satisfies
	27	+	the requirements of this section.
32	28		(c) The term of an employment contract entered into under
33	29		this section may not exceed five years.
34	30		(d) This section may not be construed as authorizing the
35		-	board to:
36		-	(1) supervise or control the practice of medicine, as
37		-	prohibited by Subtitle B, Title 3, Occupations Code; or
38		-	(2) employ physicians for any purpose other than the
39		-	provision of hospital-based services at a hospital owned or
40		-	operated by the district.
	31	+	board to supervise or control the practice of medicine, as
	32	+	prohibited by Subtitle B, Title 3, Occupations Code.
41	33		(e) The authority granted to the board under Subsection (b)
42	34		to employ physicians shall apply as necessary for the district to
43		-	fulfill the district's statutory mandate to provide medical and
44		-	hospital care to the district's residents, including the district's
45		-	needy and indigent residents, as provided by Sections 1053.101 and
46		-	1053.104.
	35	+	fulfill its statutory mandate to provide medical and hospital care
	36	+	for district residents, including needy and indigent residents, as
	37	+	provided by Sections 1053.101 and 1053.104.
47	38		(f) The medical executive committee of the district shall
48		-	adopt, maintain, and enforce policies to ensure that a ~~physician~~
49		-	employed by the district exercises the physician's ~~independent~~
50		-	medical judgment in providing care to patients.
51		-	(g) The policies adopted by the medical executive ~~committee~~
52		-	under this section must include:
	39	+	adopt, maintain, and enforce policies and rules to ensure that a
	40	+	physician employed by the district exercises the physician's
	41	+	independent medical judgment in providing care to patients.
	42	+	(g) The policies and rules adopted by the medical executive
	43	+	committee under this section must include:
53	44		(1) policies relating to:
54		-	(A) governance of the medical executive
55		-	committee;
	45	+	(A) governance of the committee;
56	46		(B) credentialing;
57	47		(C) quality assurance;
58	48		(D) utilization review;
59	49		(E) peer review;
60		-	(F) medical decision-making; ~~and~~
	50	+	(F) medical decision-making;
61	51		(G) due process; and
	52	+	(H) covenants not to compete that comply with
	53	+	Section 15.50, Business & Commerce Code; and
62	54		(2) rules requiring the disclosure of financial
63		-	conflicts of interest by a member of the medical executive
64		-	committee.
	55	+	conflicts of interest by a member of the committee.
65	56		(h) The medical executive committee and the board shall
66	57		jointly develop and implement a conflict management process to
67		-	resolve any conflict between a policy adopted by the medical
68		-	executive committee under this section and a policy of the
69		-	district.
	58	+	resolve any conflict between a policy or rule adopted by the
	59	+	committee under this section and a policy or rule of the district.
70	60		(i) A member of the medical executive committee who is a
71		-	physician shall provide biennially to the chair of the medical
72		-	executive committee a signed, verified statement indicating that
73		-	the committee member:
	61	+	physician shall provide biennially to the chair of the committee a
	62	+	signed, verified statement indicating that the committee member:
74	63		(1) is licensed by the Texas Medical Board;
75	64		(2) will exercise independent medical judgment in all
76		-	medical executive committee matters, including matters relating
77		-	to:
	65	+	committee matters, including matters relating to:
78	66		(A) credentialing;
79	67		(B) quality assurance;
80	68		(C) utilization review;
81	69		(D) peer review;
82	70		(E) medical decision-making; and
83	71		(F) due process;
84	72		(3) will exercise the committee member's best efforts
85		-	to ensure compliance with the policies that are adopted or
86		-	established by the ~~medical executive~~ committee; and
	73	+	to ensure compliance with the policies and rules that are adopted or
	74	+	established by the committee; and
87	75		(4) will report immediately to the Texas Medical Board
88	76		any action or event that the committee member reasonably and in good
89	77		faith believes constitutes a compromise of the independent medical
90	78		judgment of a physician in caring for a patient.
91	79		(j) For all matters relating to the practice of medicine,
92	80		each physician employed by the district shall ultimately report to
93		-	the chair of the medical executive committee ~~for the district~~.
	81	+	the chair of the medical executive committee.
94	82		SECTION 2. This Act takes effect immediately if it receives
95	83		a vote of two-thirds of all the members elected to each house, as
96	84		provided by Section 39, Article III, Texas Constitution. If this
97	85		Act does not receive the vote necessary for immediate effect, this
98	86		Act takes effect September 1, 2019.
99		-	* * * * *