HBA-NMO C.S.H.B. 2171 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2171
By: Luna, Vilma
Public Health
4/11/1999
Committee Report (Substituted)


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.   

C.S.H.B. 2171 authorizes the governing body of a hospital, medical
organization, university medical school or health science center, health
maintenance organization, extended care facility, hospital district, or
hospital authority to form a medical peer review committee or a medical
committee to evaluate medical and health-care services provided or paid for
by the entity. 

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 and a hospital authority 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 (Reporting and Confidentiality Requirements)
does not impose liability or waive immunity for a hospital district or
hospital authority that has common law, statutory, or other immunity. 

SECTION 3.  Amends Section 161.031(a), Health and Safety Code, to include
in the definition of "medical committee" a committee, including a joint
committee, appointed by a hospital district or hospital authority. 

SECTION 4.  Amends Sections 161.032(a) and (c), Health and Safety Code, to
provide that a proceeding of a medical committee or a meeting of the
governing body of a public hospital, hospital district, or hospital
authority at which the governing body receives records or reports provided
by a medical committee is not subject to Chapter 551 (Open Meetings),
Government Code.  Provides that records of a medical committee and records
or reports of a medical committee to the governing body of a public
hospital, hospital district, or hospital authority are not subject to
disclosure under  Chapter 552 (Pubic Information), Government Code.  Adds a
hospital district and a hospital authority 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 the heading of Subchapter D, Chapter 161, Health and
Safety Code, as follows: 

SUBCHAPTER D.  MEDICAL COMMITTEES AND MEDICAL
PEER REVIEW COMMITTEES

Deletes "Records of and Immunities for" and adds "and Medical Peer Review
Committees" to the title. 

SECTION 6.  Amends Subchapter D, Chapter 161, Health and Safety Code, by
adding Section 161.0315, as follows: 

Sec.  161.0315.  AUTHORITY OF GOVERNING BODY TO FORM COMMITTEE TO EVALUATE
MEDICAL AND HEALTH-CARE SERVICES.  Authorizes the governing body of a
hospital, medical organization, university medical school or health science
center, health maintenance organization, extended care facility, hospital
district, or hospital authority to form a medical peer review committee or
a medical committee to evaluate medical and health-care services. 

SECTION 7.Emergency clause.
  Effective date: upon passage.  

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original in the caption.

The substitute differs from the original in SECTION 1, in the amendment of
Section 1.03(a)(5), Article 4495b, V.T.C.S., by including a hospital
authority, in addition to a hospital district, as proposed, in a list of
entities within the definition of "health care entity." 

The substitute differs from the original in SECTION 2, in proposed Section
5.06(v),  Article 4495b, V.T.C.S., by providing that this section
(Reporting and Confidentiality Requirements) does not impose liability or
waive immunity for a hospital authority, in addition to a hospital
district, as proposed, that has common law, statutory, or other immunity. 

The substitute differs from the original in SECTION 3, in the amendment of
Section 161.031(a), Health and Safety Code, by removing any entity
designated or contracted to act as a medical committee by certain health
care entities from the definition of "medical committee."  Differs by
including in the definition of "medical committee" a committee, including a
joint committee, of a hospital authority, in addition to a hospital
district, as proposed. 

The substitute differs from the original in SECTION 4, in the amendment of
Section 161.032(a), Health and Safety Code, by providing that a meeting of
the governing body of a public hospital, hospital district, or hospital
authority at which the governing body receives records or reports provided
by a medical committee, in addition to a proceeding of a medical committee,
as proposed, is not subject to Chapter 551 (Open Meetings), Government
Code.  Differs by providing that records or reports of a medical committee
to the governing body of a public hospital, hospital district, or hospital
authority, in addition to records of a medical committee, as proposed, are
not subject to disclosure under Chapter 552 (Pubic Information), Government
Code.  Differs by making nonsubstantive changes.  Differs in the amendment
of Section 161.032(c),  by including a hospital authority, in addition to a
hospital district, as proposed, in 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. 
 
The substitute differs from the original in SECTION 5 by amending the
heading of Subchapter D, Chapter 161, Health and Safety Code, rather than
amending Chapter 285, Health and Safety Code, by adding Subchapter K
(Committees to Evaluate Medical and Health-Care Services), as proposed. 

The substitute differs from the original in SECTION 6 by adding Section
161.0315 (Authority of Governing Body to Form Committee to Evaluate Medical
and Health Care Services), Health and Safety Code.  This section
essentially modifies the language of proposed Section 285.141, Health and
Safety Code (SECTION 5 of the original), by authorizing the governing body
of a hospital, medical organization, university medical school or health
science center, health maintenance organization, extended care facility, or
hospital authority, in addition to a hospital district, as proposed, to
form a medical peer review committee or a medical committee to evaluate
medical and health-care services. 

SECTION 7 (emergency clause) of the substitute is redesignated from SECTION
6 of the original.