Bill Text: TX HB1227 | 2019-2020 | 86th Legislature | Engrossed
Bill Title: Relating to authority of the Hunt Memorial Hospital District to appoint, contract for, or employ physicians.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2019-04-23 - Referred to Administration [HB1227 Detail]
Download: Texas-2019-HB1227-Engrossed.html
86R20408 SRA-D | ||
By: Flynn | H.B. No. 1227 |
|
||
|
||
relating to authority of the Hunt Memorial Hospital District to | ||
appoint, contract for, or employ physicians. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 1044, Special District | ||
Local Laws Code, is amended by adding Section 1044.0605 to read as | ||
follows: | ||
Sec. 1044.0605. EMPLOYMENT OF PHYSICIANS. (a) The board | ||
may appoint, contract for, or employ physicians as the board | ||
considers necessary to provide medical services at a health care | ||
facility owned or operated by the district as provided by this | ||
section. The board may retain all or part of the professional income | ||
generated by a physician employed by the district for those medical | ||
services if the board satisfies the requirements of this section. | ||
(b) This section may not be construed as authorizing the | ||
board to supervise or control the practice of medicine, as | ||
prohibited by Subtitle B, Title 3, Occupations Code. | ||
(c) The board shall: | ||
(1) appoint a chief medical officer for the district | ||
who has been recommended by the medical staff of the district; and | ||
(2) adopt, maintain, and enforce policies to ensure | ||
that a physician employed by the district exercises the physician's | ||
independent medical judgment in providing care to patients at | ||
health care facilities owned or operated by the district. | ||
(d) The policies adopted under this section must include: | ||
(1) policies relating to: | ||
(A) credentialing and privileges; | ||
(B) quality assurance; | ||
(C) utilization review; | ||
(D) peer review and due process; and | ||
(E) medical decision-making; and | ||
(2) the implementation of a complaint mechanism to | ||
process and resolve complaints regarding interference or attempted | ||
interference with a physician's independent medical judgment. | ||
(e) The policies adopted under this section must be approved | ||
by the medical staff of the district. The chief medical officer and | ||
the board shall jointly develop and implement a conflict management | ||
policy to resolve any conflict between a policy approved by the | ||
medical staff under this section and any other district policy. | ||
(f) For all matters relating to the practice of medicine, | ||
each physician employed by the district shall ultimately report to | ||
the chief medical officer of the district. | ||
(g) The chief medical officer shall notify the Texas Medical | ||
Board that the district is employing physicians under this section | ||
and that the chief medical officer is the district's designated | ||
contact with the Texas Medical Board. The chief medical officer | ||
shall immediately report to the Texas Medical Board any action or | ||
event that the chief medical officer reasonably and in good faith | ||
believes constitutes a compromise of the independent medical | ||
judgment of a physician in caring for a patient. | ||
(h) The board shall give equal consideration regarding the | ||
issuance of medical staff membership and privileges to physicians | ||
employed by the district and physicians not employed by the | ||
district. | ||
(i) A physician employed by the district shall retain | ||
independent medical judgment in providing care to patients at a | ||
health care facility owned or operated by the district and may not | ||
be disciplined for reasonably advocating for patient care. | ||
(j) If the district provides professional liability | ||
coverage for physicians employed by the district, a physician | ||
employed by the district may participate in the selection of the | ||
professional liability coverage, has the right to an independent | ||
defense at the physician's own cost, and retains the right to | ||
consent to the settlement of any action or proceeding brought | ||
against the physician. | ||
(k) If a physician employed by the district enters into an | ||
employment agreement that includes a covenant not to compete, the | ||
agreement is subject to Section 15.50, Business & Commerce Code, | ||
and any other applicable law. | ||
SECTION 2. This Act takes effect September 1, 2019. |