Texas 2023 - 88th Regular

Texas House Bill HB2982 Compare Versions

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1	1	88R4409 SRA-F
2	2	By: Oliverson H.B. No. 2982
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authorization of certain agreements between
8	8	management services organizations and physicians.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle A, Title 5, Business & Commerce Code, is
11	11	amended by adding Chapter 74 to read as follows:
12	12	CHAPTER 74. MANAGEMENT SERVICES ORGANIZATIONS FOR PHYSICIANS
13	13	Sec. 74.001. DEFINITION. In this chapter, "physician"
14	14	means an individual licensed to practice medicine in this state.
15	15	Sec. 74.002. AGREEMENTS WITH MANAGEMENT SERVICES
16	16	ORGANIZATIONS. A physician or group of physicians, whether or not
17	17	incorporated, may enter into a written agreement with a management
18	18	services organization for management and administrative services.
19	19	Sec. 74.003. SERVICES PROVIDED BY MANAGEMENT SERVICES
20	20	ORGANIZATIONS. (a) A management services organization, under the
21	21	terms of a management services agreement, may provide the following
22	22	for a physician or group of physicians:
23	23	(1) facilities;
24	24	(2) medical supplies and equipment, other than an item
25	25	considered a medical device by the United States Food and Drug
26	26	Administration;
27	27	(3) instruments and supplies other than prescription
28	28	drugs;
29	29	(4) business, office, and other nonmedical equipment;
30	30	(5) repair, maintenance, renovation, or replacement
31	31	services for any facility or equipment;
32	32	(6) accounting, payroll, bookkeeping, budget,
33	33	investment, tax compliance, and similar financial services;
34	34	(7) information and information systems and services,
35	35	provided that patient records in the systems are owned and freely
36	36	accessed by the physician;
37	37	(8) billing and collection services for the
38	38	physician's fees and charges;
39	39	(9) the collection or sale of the physician's accounts
40	40	receivable;
41	41	(10) advertising, marketing, and public relations
42	42	services in compliance with rules adopted by the Texas Medical
43	43	Board;
44	44	(11) payer and other relevant contract negotiation,
45	45	drafting, and similar services;
46	46	(12) receptionist, scheduling, messaging, and similar
47	47	coordination services;
48	48	(13) assistance in obtaining licenses and
49	49	registration permits necessary to operate a medical practice that
50	50	may be obtained by:
51	51	(A) a non-physician; or
52	52	(B) a physician, if the Texas Medical Board
53	53	approves the method of payment for the license or registration
54	54	permit renewal paid by the management services organization;
55	55	(14) recruiting, continuing education, training,
56	56	legal assistance, and logistical peer review services;
57	57	(15) insurance, purchasing, and claims services,
58	58	which may include maintaining the physician and the physician's
59	59	medical personnel on the same insurance policies and benefit plans
60	60	as the management services organization;
61	61	(16) consulting, business, and financial planning
62	62	services;
63	63	(17) establishment of prices to be charged to the
64	64	physician's patients for goods and supplies, other than for drugs
65	65	or medical devices, that are provided or managed by the management
66	66	services organization;
67	67	(18) assistance in the collection, analysis, and
68	68	submission of quality and patient satisfaction information to
69	69	physicians, other providers, regulatory agencies, and
70	70	accreditation bodies;
71	71	(19) the employment of persons who:
72	72	(A) perform management services;
73	73	(B) are physicians who perform administrative
74	74	and management services but not the practice of medicine;
75	75	(C) perform management, administrative,
76	76	clerical, receptionist, secretarial, bookkeeping, accounting,
77	77	payroll, billing, collection, and other functions; or
78	78	(D) are medical or other personnel, provided that
79	79	a physician who is present at the practice location that engages in
80	80	the practice of medicine at the location has the right to:
81	81	(i) control the medically related
82	82	procedures, duties, and performance of the medical and other
83	83	personnel; and
84	84	(ii) suspend for medically related reasons
85	85	the medical and other personnel, unless the suspension is contrary
86	86	to legal requirements or rules; and
87	87	(20) any other nonclinical service that is not
88	88	prohibited by Subsection (b).
89	89	(b) A management services organization may not:
90	90	(1) control or intervene in a physician's practice of
91	91	medicine;
92	92	(2) employ a physician, either by employment agreement
93	93	or by independent contractor agreement, to practice medicine;
94	94	(3) dictate or otherwise make final decisions on the
95	95	compensation of a physician for the practice of medicine;
96	96	(4) control or intervene in a physician's diagnosis,
97	97	treatment, correction, change, manipulation, relief, or prevention
98	98	of disease, deformity, defect, injury, or other physical condition,
99	99	including the prescription, dosage determination, or
100	100	administration of a drug, biologic, anesthetic, apparatus, medical
101	101	device, or other therapeutic or diagnostic substance or technique;
102	102	(5) control or intervene in a physician's selection or
103	103	use of a type or quality of medical supply or pharmaceutical to be
104	104	used in the practice of medicine;
105	105	(6) determine the amount of time a physician may spend
106	106	with a patient;
107	107	(7) own drugs, unless the drugs are owned in
108	108	compliance with applicable state or federal law;
109	109	(8) own the medical records of a physician's patients;
110	110	(9) own or control medical devices, pharmaceuticals,
111	111	or drugs for use in patient treatment by a physician;
112	112	(10) dictate or otherwise make final decisions on fees
113	113	to be charged by a physician;
114	114	(11) mandate compliance with specific professional
115	115	standards, protocols, or practice guidelines relating to the
116	116	practice of medicine;
117	117	(12) place limitations or conditions on patient
118	118	communications that are clinical in nature;
119	119	(13) require a physician to make referrals in
120	120	violation of applicable state law; or
121	121	(14) penalize a physician for reporting violations of
122	122	a law regulating the practice of medicine.
123	123	(c) Notwithstanding Subsection (b)(11), a management
124	124	services organization may mandate compliance with legal and other
125	125	requirements necessary to practice medicine in this state.
126	126	(d) A physician or an entity in which physicians are the
127	127	sole owners, shareholders, or partners may perform the activities
128	128	described by Subsection (b).
129	129	Sec. 74.004. FEES FOR MANAGEMENT SERVICES. A management
130	130	services organization may charge a physician or group of physicians
131	131	a flat, fair market-based management fee for the provision of
132	132	management services.
133	133	Sec. 74.005. DISCLOSURE OF CONTRACT. (a) A physician or a
134	134	group of physicians that enters into a management services
135	135	agreement with a management services organization shall:
136	136	(1) make copies of the management services agreement
137	137	available for inspection by the Texas Medical Board at the main
138	138	office of the physician or group of physicians; and
139	139	(2) if the board opens an investigation against the
140	140	physician or group of physicians, make available to the board
141	141	copies of the management services agreement.
142	142	(b) A copy of a management services agreement produced under
143	143	this section is governed by Subtitle B, Title 3, Occupations Code,
144	144	and is confidential and not subject to disclosure under Chapter
145	145	552, Government Code.
146	146	SECTION 2. This Act takes effect September 1, 2023.