HBA-MPM S.B. 595 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 595
By: Harris
Public Health
5/15/2001
Engrossed



BACKGROUND AND PURPOSE 

Current law requires the Texas State Board of Medical Examiners (board) to
provide physician complaint information to a health care entity. Complaints
that are without merit can have a negative impact on the reputation of
physicians and require physicians to justify their actions in all future
dealings with hospitals, insurance companies, and other providers. Senate
Bill 595 requires the board to delete the identity of a licensed physician
against whom a complaint was filed 10 years from the date of the closure of
the complaint if no disciplinary or rehabilitative action was taken against
the physician and requires insurers to report to the board information
regarding the settlement of a claim or lawsuit that involves damages
against a physician who failed to provide medical care.  

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. 

ANALYSIS

Senate Bill 595 amends the Occupations Code to require the Texas State
Board of Medical Examiners (board) to retain a record of a complaint and to
delete the identity of a license holder against whom the complaint was
filed 10 years from the date of the closure of the complaint if the
complaint is closed with no disciplinary or rehabilitative action taken. 

The bill specifies that the board provide to a health care entity
information regarding the basis of and current status of any complaint
against a physician under active investigation that has been assigned by
the executive director to a person authorized by the board to pursue legal
action.  The bill requires each insurer that provides medical professional
liability insurance (insurer) to provide the board the report or
information regarding the settlement of a claim without the filing of a
lawsuit or settlement of a lawsuit made on behalf of the insured involving
damages relating to the insured's conduct in providing or failing to
provide a medical or health care service.  The bill requires an insurer no
later than the 30th day after receiving from an insured a complaint filed
in a lawsuit, the date of a settlement of a claim without the filing of a
lawsuit, or the date of a settlement of a lawsuit against the insured to
furnish the board with the insured's policy information and a copy of the
settlement.  

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.