Bill Text: TX HB1568 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the authority of certain local governmental entities in certain populous counties to appoint, contract for, or employ physicians.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2011-06-17 - Effective immediately [HB1568 Detail]
Download: Texas-2011-HB1568-Enrolled.html
H.B. No. 1568 |
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relating to the authority of certain local governmental entities in | ||
certain populous counties to appoint, contract for, or employ | ||
physicians. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 281, Health and Safety | ||
Code, is amended by adding Section 281.0283 to read as follows: | ||
Sec. 281.0283. HARRIS COUNTY HOSPITAL DISTRICT; EMPLOYMENT | ||
OF PHYSICIANS. (a) The board of the Harris County Hospital | ||
District may appoint, contract for, or employ physicians as the | ||
board considers necessary for the efficient operation of the | ||
district. | ||
(b) The term of an employment contract entered into under | ||
this section may not exceed four years. | ||
(c) This section may not be construed as authorizing the | ||
board of the Harris County Hospital District to supervise or | ||
control the practice of medicine, as prohibited by Subtitle B, | ||
Title 3, Occupations Code. | ||
(d) The authority granted to the board of the Harris County | ||
Hospital District under Subsection (a) to employ physicians shall | ||
apply as necessary for the district to fulfill the district's | ||
statutory mandate to provide medical care for the indigent and | ||
needy residents of the district as provided by Section 281.046. | ||
(e) The medical executive board of the Harris County | ||
Hospital District shall 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. | ||
(f) The policies adopted by the medical executive board | ||
under this section must include: | ||
(1) policies relating to: | ||
(A) governance of the medical executive board; | ||
(B) credentialing; | ||
(C) quality assurance; | ||
(D) utilization review; | ||
(E) peer review; | ||
(F) medical decision-making; and | ||
(G) due process; and | ||
(2) rules requiring the disclosure of financial | ||
conflicts of interest by a member of the medical executive board. | ||
(g) The medical executive board and the board of the Harris | ||
County Hospital District shall jointly develop and implement a | ||
conflict management process to resolve any conflict between a | ||
policy adopted by the medical executive board under this section | ||
and a policy of the Harris County Hospital District. | ||
(h) A member of the medical executive board who is a | ||
physician shall provide biennially to the chair of the medical | ||
executive board a signed, verified statement indicating that the | ||
board member: | ||
(1) is licensed by the Texas Medical Board; | ||
(2) will exercise independent medical judgment in all | ||
medical executive board matters, including matters relating to: | ||
(A) credentialing; | ||
(B) quality assurance; | ||
(C) utilization review; | ||
(D) peer review; | ||
(E) medical decision-making; and | ||
(F) due process; | ||
(3) will exercise the board member's best efforts to | ||
ensure compliance with the policies that are adopted or established | ||
by the medical executive board; and | ||
(4) will report immediately to the Texas Medical Board | ||
any action or event that the board member reasonably and in good | ||
faith believes constitutes a compromise of the independent medical | ||
judgment of a physician in caring for a patient. | ||
(i) For all matters relating to the practice of medicine, | ||
each physician employed by the Harris County Hospital District | ||
shall ultimately report to the chair of the medical executive board | ||
for the district. | ||
SECTION 2. Subchapter C, Chapter 351, Local Government | ||
Code, is amended by adding Section 351.045 to read as follows: | ||
Sec. 351.045. HEALTH CARE SERVICES IN CERTAIN COUNTIES; | ||
EMPLOYMENT OF PHYSICIANS. (a) The commissioners court of a county | ||
with a population of 3.3 million or more may appoint, contract for, | ||
or employ physicians to provide health care services to inmates in | ||
the custody of the sheriff. | ||
(b) This section may not be construed as authorizing the | ||
commissioners court to supervise or control the practice of | ||
medicine, as prohibited by Subtitle B, Title 3, Occupations Code. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1568 was passed by the House on April | ||
14, 2011, by the following vote: Yeas 139, Nays 3, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 1568 on May 25, 2011, by the following vote: Yeas 143, Nays 1, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1568 was passed by the Senate, with | ||
amendments, on May 23, 2011, by the following vote: Yeas 31, Nays | ||
0 | ||
. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |