Bill Text: TX HB3753 | 2011-2012 | 82nd Legislature | Comm Sub

Texas House Bill 3753 (Prior Session Legislation)

Bill Title: Relating to the employment of physicians by certain municipal hospital authorities.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2011-05-04 - Committee report sent to Calendars [HB3753 Detail]

Download: Texas-2011-HB3753-Comm_Sub.html

	82R19863 ALB-D

	By: King of Parker	H.B. No. 3753

	Substitute the following for H.B. No. 3753:

	By: Alvarado	C.S.H.B. No. 3753



	A BILL TO BE ENTITLED
	AN ACT
	relating to the employment of physicians by certain municipal
	hospital authorities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 262.023(b), Health and Safety Code, is
	amended to read as follows:
	(b) The board may delegate to the manager or executive
	director the authority to manage the hospital and to employ and
	discharge employees other than physicians hired in accordance with
	Section 262.0235.
	SECTION 2. Subchapter C, Chapter 262, Health and Safety
	Code, is amended by adding Section 262.0235 to read as follows:
	Sec. 262.0235. EMPLOYMENT OF PHYSICIANS. (a) This section
	applies only to an authority that is created by the governing body
	of a municipality with a population of less than 10,000 and that
	owns or operates a hospital with more than 50 licensed beds.
	(b) The board of an authority may employ a physician and
	retain all or part of the professional income generated by the
	physician for medical services provided at a hospital or other
	health care facility owned or operated by the authority if the board
	satisfies the requirements of this section.
	(c) The board of an authority shall:
	(1) appoint a chief medical officer for the authority
	who has been recommended by the medical staff of the authority; and
	(2) adopt, maintain, and enforce policies to ensure
	that a physician employed by the authority exercises the
	physician's independent medical judgment in providing care to
	patients.
	(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 authority. The medical staff of the
	authority and the board shall jointly develop and implement a
	conflict management policy to resolve any conflict between a
	medical staff policy and a board policy.
	(f) For all matters relating to the practice of medicine,
	each physician employed by an authority shall ultimately report to
	the chief medical officer of the authority.
	(g) The chief medical officer shall notify the Texas Medical
	Board that the board is employing physicians under this section and
	that the chief medical officer is the board'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 of an authority shall give equal consideration
	regarding the issuance of medical staff membership and privileges
	to physicians employed by the authority and physicians not employed
	by the authority.
	(i) A physician employed by an authority shall retain
	independent medical judgment in providing care to patients and may
	not be disciplined for reasonably advocating for patient care.
	(j) If an authority provides professional liability
	coverage for physicians employed by the authority, a physician
	employed by the authority 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 an authority enters into an
	employment agreement that includes a covenant not to compete, the
	agreement is subject to Section 15.50, Business & Commerce Code.
	(l) The board of an authority may not delegate to the
	manager or executive director of a hospital owned or operated by the
	hospital authority the authority to hire a physician.
	(m) This section may not be construed as authorizing the
	board to supervise or control the practice of medicine as
	prohibited under 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.