Bill Text: TX SB833 | 2017-2018 | 85th Legislature | Comm Sub

Texas Senate Bill 833 (Prior Session Legislation)

Bill Title: Relating to the regulation of certain health organizations certified by the Texas Medical Board; providing an administrative penalty.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Engrossed - Dead) 2017-05-19 - Committee report sent to Calendars [SB833 Detail]

Download: Texas-2017-SB833-Comm_Sub.html



	By: Hughes	S.B. No. 833

	(Meyer, Bonnen of Galveston, Oliverson, et al.)


	A BILL TO BE ENTITLED
	AN ACT
	relating to the regulation of certain health organizations
	certified by the Texas Medical Board; providing an administrative
	penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 162.003, Occupations Code, is amended to
	read as follows:
	Sec. 162.003. REFUSAL TO CERTIFY; REVOCATION; PENALTY. On
	a determination that a health organization commits a violation of
	this subtitle or is established, organized, or operated in
	violation of or with the intent to violate this subtitle, the board
	may:
	(1) refuse to certify the health organization on
	application for certification by the organization under Section
	162.001;
	(2) revoke a certification made under Section 162.001
	to that organization; or
	(3) impose an administrative penalty against the
	health organization under Subchapter A, Chapter 165.
	SECTION 2. Subchapter A, Chapter 162, Occupations Code, is
	amended by adding Sections 162.004 and 162.005 to read as follows:
	Sec. 162.004. PROCEDURES FOR AND DISPOSITION OF COMPLAINTS
	AGAINST NONPROFIT HEALTH CORPORATIONS. (a) The board shall accept
	and process complaints against a health organization certified
	under Section 162.001(b) for alleged violations of this subchapter
	or any other provision of this subtitle applicable to a health
	organization in the same manner as provided under Subchapter B,
	Chapter 154, and the rules adopted under that subchapter, including
	the requirements to:
	(1) maintain a system to promptly and efficiently act
	on complaints filed with the board;
	(2) ensure that a complaint is not dismissed without
	appropriate consideration; and
	(3) establish methods by which physicians employed by
	a health organization are notified of the name, mailing address,
	and telephone number of the board for the purpose of directing
	complaints under this section to the board.
	(b) Each complaint, adverse report, investigation file,
	other investigation report, and other investigative information in
	the possession of or received or gathered by the board or the
	board's employees or agents relating to a health organization
	certified under Section 162.001(b) is privileged and confidential
	and is not subject to discovery, subpoena, or other means of legal
	compulsion for release to anyone other than the board or the board's
	employees or agents involved in the investigation or discipline of
	a health organization certified under Section 162.001(b).
	(c) The board may dispose of a complaint or resolve the
	investigation of a complaint under this section in a manner
	provided under Subchapter A, Chapter 164, to the extent the board
	determines the provisions of that subchapter can be made applicable
	to a health organization certified under Section 162.001.
	(d) The board may adopt rules as necessary to implement this
	section.
	Sec. 162.005. RETALIATION PROHIBITED. (a) In this
	section, "nonprofit health corporation" means a health
	organization certified under Section 162.001(b).
	(b) A nonprofit health corporation may not, as applicable,
	terminate, demote, retaliate against, discipline, discriminate
	against, or otherwise penalize a person, a person's family member,
	or a person's partner because the person:
	(1) files a complaint under Section 162.004;
	(2) reports in good faith an act or omission that the
	person reasonably believes is a violation or attempted violation of
	applicable state or federal law, including rules adopted under
	state or federal law, to, as appropriate:
	(A) the nonprofit health corporation;
	(B) a regulatory agency; or
	(C) a law enforcement authority;
	(3) initiates or cooperates in an investigation or
	proceeding of a regulatory agency or law enforcement authority
	relating to care or services provided by, or policies of, the
	nonprofit health corporation; or
	(4) communicates to a patient information regarding
	medically appropriate health care.
	(c) A nonprofit health corporation may not prohibit,
	restrict, or discourage a person from taking any action described
	by Subsection (b).
	(d) A person who makes a report under Subsection (b)(2) is
	immune from civil liability for a report made in good faith.
	(e) An employment contract between a nonprofit health
	corporation and a physician must contain a provision requiring the
	nonprofit health corporation to comply with the requirements of
	this section.
	SECTION 3. Section 162.003, Occupations Code, as amended by
	this Act, and Section 162.004, Occupations Code, as added by this
	Act, apply only to a violation by a health organization that occurs
	on or after the effective date of this Act. A violation that occurs
	before the effective date of this Act is governed by the law in
	effect on the date the violation occurred, and the former law is
	continued in effect for that purpose.
	SECTION 4. Section 162.005, Occupations Code, as added by
	this Act, applies only to an adverse action that is taken by a
	nonprofit health corporation on or after the effective date of this
	Act. An adverse action taken before the effective date of this Act
	is governed by the law in effect on the date the adverse action was
	taken, and the former law is continued in effect for that purpose.
	SECTION 5. Section 162.005(e), Occupations Code, as added
	by this Act, applies only to a contract entered into on or after the
	effective date of this Act.
	SECTION 6. This Act takes effect September 1, 2017.