HBA-NMO H.B. 2171 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2171 By: Luna, Vilma Public Health 3/17/99 Introduced BACKGROUND AND PURPOSE Current law authorizes certain health care entities to form a medical peer review committee or a medical committee to evaluate the medical or health-care services provided by each respective entity. However, the law does not grant this same authority to a hospital district that has contracted out its medical or health care services. In 1996, the Nueces County Hospital District leased its hospital and three clinics to Spohn Health System, a local catholic healthcare system. The hospital district separately contracted with the Spohn System to furnish medical aid and hospital care to indigent and needy persons within the hospital district's boundaries. As a result of the hospital district leasing its hospital, the law no longer authorizes it to evaluate medical and heath-care services through a medical peer review committee or a medical committee. H.B. 2171 authorizes a hospital district to form a medical peer review committee or a medical committee to evaluate the medical or health-care services provided or paid for the hospital district. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 1.03(a)(5), Article 4495b, V.T.C.S. (Medical Practice Act), to include in the definition of "health care entity"certain entities that pay for, in addition to provide, medical or health-care services and that follow a formal peer review process in the definition of "health care entity." Adds a hospital district to that list of entities. Makes conforming changes relating to codification. SECTION 2. Amends Section 5.06, Article 4495b, V.T.C.S. (Medical Practice Act), by adding Subsection (v), as follows: (v) Provides that this section does not impose liability or waive immunity for a hospital district that has common law, statutory, or other immunity. SECTION 3. Amends Section 161.031(a), Health and Safety Code, to add a hospital district to the list of entities that can appoint a medical committee. Includes in the definition of "medical committee" any entity designated or contracted to act as a medical committee by a hospital, a medical organization, a university medical school or health science center, a health maintenance organization, an extended care facility, or a hospital district. SECTION 4. Amends Sections 161.032(a) and (c), Health and Safety Code, to provide that a proceeding of a medical committee is not subject to the open meetings law, Chapter 551, Government Code. Provides that records of a medical committee are not subject to disclosure under the open records law, Chapter 552, Government Code. Adds a hospital district to the list of entities to whose records maintained in the regular course of business this section (Records and Proceedings Confidential) and Section 5.06 (Reporting and Confidentiality Requirements), Article 4495b, V.T.C.S. (Medical Practice Act), do not apply. SECTION 5. Amends Chapter 285, Health and Safety Code, by adding Subchapter K, as follows: SUBCHAPTER K. COMMITTEES TO EVALUATE MEDICAL AND HEALTH CARE SERVICES Sec. 285.141. AUTHORITY OF GOVERNING BODY TO FORM COMMITTEE TO EVALUATE MEDICAL AND HEALTH-CARE SERVICES. Authorizes the governing body of a hospital district to form a medical peer review committee or a medical committee to evaluate medical and health-care services provided or paid for by the hospital district. SECTION 6.Emergency clause. Effective date: upon passage.