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.