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.