Bill Text: TX HB3463 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to authority of the Lubbock County Hospital District of Lubbock County, Texas, to employ physicians.
Sponsorship: Partisan Bill (Republican 2)
Status: (Passed) 2019-06-10 - Effective immediately [HB3463 Detail]
Download: Texas-2019-HB3463-Enrolled.html
| H.B. No. 3463 | ||
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| relating to authority of the Lubbock County Hospital District of | ||
| Lubbock County, Texas, to employ physicians. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 1053, Special District | ||
| Local Laws Code, is amended by adding Section 1053.0601 to read as | ||
| follows: | ||
| Sec. 1053.0601. EMPLOYMENT OF PHYSICIANS TO PROVIDE CERTAIN | ||
| HOSPITAL-BASED SERVICES. (a) For purposes of this section, | ||
| "hospital-based services" means the following services when | ||
| provided at a hospital: | ||
| (1) emergency medicine; | ||
| (2) general medicine practiced by a hospitalist; and | ||
| (3) radiology services. | ||
| (b) The board may employ physicians as the board considers | ||
| necessary to provide hospital-based services at a hospital 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 hospital-based | ||
| services if the board satisfies the requirements of this section. | ||
| (c) The term of an employment contract entered into under | ||
| this section may not exceed five years. | ||
| (d) This section may not be construed as authorizing the | ||
| board to: | ||
| (1) supervise or control the practice of medicine, as | ||
| prohibited by Subtitle B, Title 3, Occupations Code; or | ||
| (2) employ physicians for any purpose other than the | ||
| provision of hospital-based services at a hospital owned or | ||
| operated by the district. | ||
| (e) The authority granted to the board under Subsection (b) | ||
| to employ physicians shall apply as necessary for the district to | ||
| fulfill the district's statutory mandate to provide medical and | ||
| hospital care to the district's residents, including the district's | ||
| needy and indigent residents, as provided by Sections 1053.101 and | ||
| 1053.104. | ||
| (f) The medical executive committee of the 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. | ||
| (g) The policies adopted by the medical executive committee | ||
| under this section must include: | ||
| (1) policies relating to: | ||
| (A) governance of the medical executive | ||
| committee; | ||
| (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 | ||
| committee. | ||
| (h) The medical executive committee and the board shall | ||
| jointly develop and implement a conflict management process to | ||
| resolve any conflict between a policy adopted by the medical | ||
| executive committee under this section and a policy of the | ||
| district. | ||
| (i) A member of the medical executive committee who is a | ||
| physician shall provide biennially to the chair of the medical | ||
| executive committee a signed, verified statement indicating that | ||
| the committee member: | ||
| (1) is licensed by the Texas Medical Board; | ||
| (2) will exercise independent medical judgment in all | ||
| medical executive committee 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 committee member's best efforts | ||
| to ensure compliance with the policies that are adopted or | ||
| established by the medical executive committee; and | ||
| (4) will report immediately to the Texas Medical Board | ||
| any action or event that the committee member reasonably and in good | ||
| faith believes constitutes a compromise of the independent medical | ||
| judgment of a physician in caring for a patient. | ||
| (j) For all matters relating to the practice of medicine, | ||
| each physician employed by the district shall ultimately report to | ||
| the chair of the medical executive committee for the district. | ||
| SECTION 2. 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, 2019. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 3463 was passed by the House on April | ||
| 12, 2019, by the following vote: Yeas 142, Nays 1, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 3463 was passed by the Senate on May | ||
| 21, 2019, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
