HBA-MPM, NMO H.B. 2453 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2453
By: Edwards
Public Health
7/19/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th State Legislature, state law did not authorize physicians
and optometrists to co-own a health care services network if it was
organized as a professional limited partnership or a professional limited
liability company. H.B. 2453 authorizes a physician and an optometrist or
therapeutic optometrist to organize, jointly own, and manage a partnership,
limited partnership, limited liability company, or any other legal entity
to obtain property and employ persons for the delivery of health care
services or management. 

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 Subchapter E, Article 4495b, V.T.C.S. (Medical Practice
Act), by adding Section 5.12, as follows: 

Sec. 5.12.  AUTHORITY TO FORM CERTAIN JOINTLY OWNED ENTITIES.  (a)
Authorizes a physician and an optometrist or therapeutic optometrist, with
exception, to organize, jointly own, and manage a partnership under the
Article 6132b-1.01 et seq., V.T.C.S. (Texas Revised Partnership Act), a
limited partnership under Article 6132a-1, V.T.C.S. (Texas Revised Limited
Partnership Act), a limited liability company under Article 1528n, V.T.C.S.
(Texas Limited Liability Company Act), or any other legal entity to own,
lease, rent, or otherwise acquire the use of real property, other physical
facilities, or equipment for the delivery of health care services or
management; or employ or otherwise use a person who is not a physician,
optometrist, or therapeutic optometrist for the delivery of health care
services or management 

(b) Authorizes only a physician, optometrist, or therapeutic optometrist to
own an interest in an entity authorized under Subsection (a) of this
section.  Provides that this subsection does not prohibit an entity from
making one or more payments to an owner's estate following the owner's
death under an agreement with the owner or as otherwise authorized or
required by law. 

SECTION 2.  Amends Article 4552-5.01 et seq., V.T.C.S. (Texas Optometry
Act), by adding Section 5.22, as follows: 

Sec. 5.22.  AUTHORITY TO FORM CERTAIN JOINTLY OWNED ENTITIES.  Makes
conforming changes. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.