Bill Text: TX SB761 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the employment of physicians by certain hospitals associated with nonprofit fraternal organizations.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective immediately [SB761 Detail]
Download: Texas-2011-SB761-Enrolled.html
S.B. No. 761 |
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relating to the employment of physicians by certain hospitals | ||
associated with nonprofit fraternal organizations. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 311, Health and Safety Code, is amended | ||
by adding Subchapter E to read as follows: | ||
SUBCHAPTER E. EMPLOYMENT OF PHYSICIANS BY CERTAIN HOSPITALS | ||
ASSOCIATED WITH NONPROFIT FRATERNAL ORGANIZATIONS | ||
Sec. 311.061. APPLICABILITY OF SUBCHAPTER. This subchapter | ||
applies only to a hospital that employs or seeks to employ a | ||
physician, that primarily provides medical care to children younger | ||
than 18 years of age, and that: | ||
(1) is owned or operated by a nonprofit fraternal | ||
organization; or | ||
(2) has a governing body the majority of members of | ||
which belong to a nonprofit fraternal organization. | ||
Sec. 311.062. EMPLOYMENT OF PHYSICIANS PERMITTED. (a) A | ||
hospital may employ a physician and retain all or part of the | ||
professional income generated by the physician for medical services | ||
provided at the hospital if the hospital satisfies the requirements | ||
of this subchapter. | ||
(b) The billing and receipt of third-party reimbursement | ||
for medical care at a hospital does not affect the authority granted | ||
to the hospital under this section. | ||
Sec. 311.063. DUTIES AND HOSPITAL POLICIES. (a) A | ||
hospital that employs physicians under this subchapter shall: | ||
(1) appoint a chief medical officer, who may be a | ||
member of the hospital's medical staff; | ||
(2) adopt, maintain, and enforce policies to ensure | ||
that a physician employed by the hospital exercises the physician's | ||
independent medical judgment in providing care to patients at the | ||
hospital; and | ||
(3) designate the chief medical officer as the contact | ||
for the Texas Medical Board for all matters relating to complaints | ||
regarding interference or attempted interference with a | ||
physician's independent medical judgment or any other matter under | ||
this section. | ||
(b) The person appointed as chief medical officer shall | ||
report the person's appointment to the Texas Medical Board. | ||
(c) The policies adopted under this section must include: | ||
(1) policies relating to: | ||
(A) credentialing; | ||
(B) quality assurance; | ||
(C) utilization review; | ||
(D) peer review; 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. | ||
(d) The policies adopted under this section must be approved | ||
by the chief medical officer. | ||
(e) In the event of a conflict between a policy approved by | ||
the chief medical officer and any other policy of the hospital, a | ||
conflict management process shall be jointly developed and | ||
implemented to resolve the conflict. | ||
(f) For all matters relating to the practice of medicine, | ||
each physician employed by a hospital under this subchapter shall | ||
ultimately report to the chief medical officer. | ||
(g) 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. | ||
Sec. 311.064. CONSTRUCTION OF SUBCHAPTER. This subchapter | ||
may not be construed as authorizing the governing body of a hospital | ||
to supervise or control the practice of medicine as prohibited | ||
under Subtitle B, Title 3, Occupations Code. | ||
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, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 761 passed the Senate on | ||
March 24, 2011, by the following vote: Yeas 31, Nays 0; and that | ||
the Senate concurred in House amendment on May 26, 2011, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 761 passed the House, with | ||
amendment, on May 20, 2011, by the following vote: Yeas 146, | ||
Nays 0, three present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |