88R12167 MPF-F
By: Jetton H.B. No. 4521
A BILL TO BE ENTITLED
AN ACT
relating to certain health care entities and medical committees,
including peer review committees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 161.031(a), Health and Safety Code, is
amended to read as follows:
(a) In this subchapter, "medical committee" includes any
committee, including a joint committee, of:
(1) a hospital;
(1-a) a health care system;
(2) a medical organization;
(3) a university medical school or health science
center;
(4) a health maintenance organization licensed under
Chapter 843, Insurance Code, including an independent practice
association or other physician association whose committee or joint
committee is a condition of contract with the health maintenance
organization;
(5) an extended care facility;
(6) a hospital district; or
(7) a hospital authority.
SECTION 2. Section 161.0315(a), Health and Safety Code, is
amended to read as follows:
(a) The governing body of a hospital, health care system,
medical organization, university medical school or health science
center, health maintenance organization, extended care facility,
hospital district, or hospital authority may form a medical peer
review committee, as defined by Section 151.002, Occupations Code,
or a medical committee, as defined by Section 161.031, to evaluate
medical and health care services, except as provided by this
section.
SECTION 3. Section 161.032(f), Health and Safety Code, is
amended to read as follows:
(f) This section and Subchapter A, Chapter 160, Occupations
Code, do not apply to records made or maintained in the regular
course of business by a hospital, health care system, health
maintenance organization, medical organization, university medical
center or health science center, hospital district, hospital
authority, or extended care facility.
SECTION 4. Sections 151.002(a)(5) and (8), Occupations
Code, are amended to read as follows:
(5) "Health care entity" means:
(A) a hospital licensed under Chapter 241 or 577,
Health and Safety Code;
(B) an entity, including a health maintenance
organization, group medical practice, nursing home, health science
center, university medical school, hospital district, hospital
authority, health care system, or other health care facility, that:
(i) provides or pays for medical care or
health care services; and
(ii) follows a formal peer review process
to further quality medical care or health care;
(C) a professional society or association of
physicians, or a committee of such a society or association, that
follows a formal peer review process to further quality medical
care or health care;
(D) an organization established by a
professional society or association of physicians, hospitals, or
both, that:
(i) collects and verifies the authenticity
of documents and other information concerning the qualifications,
competence, or performance of licensed health care professionals;
and
(ii) acts as a health care facility's agent
under the Health Care Quality Improvement Act of 1986 (42 U.S.C.
Section 11101 et seq.); or
(E) a health care collaborative certified under
Chapter 848, Insurance Code.
(8) "Medical peer review committee" or "professional
review body" means a committee of a health care entity, the
governing board of a health care entity, or the medical staff of a
health care entity, that operates under written bylaws approved by
the policy-making body or the governing board of the health care
entity and is authorized to evaluate the quality of medical and
health care services or the competence of physicians, including
evaluation of the performance of those functions specified by
Section 85.204, Health and Safety Code. The term includes:
(A) an employee or agent of the committee,
including an assistant, investigator, intervenor, attorney, and
any other person or organization that serves the committee; and
(B) the governing body of a hospital, health care
system, public hospital owned or operated by a governmental entity,
[the governing body of a] hospital authority created under Chapter
262 or 264, Health and Safety Code, and [the governing body of a]
hospital district created under Article IX, Texas Constitution, but
only:
(i) in relation to the governing body's
evaluation of the competence of a physician or the quality of
medical and health care services provided by the hospital, health
care system, public hospital, hospital authority, or hospital
district; and
(ii) to the extent that the evaluation
under Subparagraph (i) involves discussions or records that
specifically or necessarily identify an individual patient or
physician.
SECTION 5. This Act takes effect September 1, 2023.