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AN ACT
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relating to health care services provided or paid by certain |
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hospital districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 61.066, Health and Safety Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) A hospital district may recover, from the eligible |
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resident perpetrating a fraud, an amount equal to the value of any |
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fraudulently obtained health care services provided to the eligible |
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resident disqualified under this section. |
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SECTION 2. Subchapter C, Chapter 61, Health and Safety |
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Code, is amended by adding Section 61.067 to read as follows: |
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Sec. 61.067. LIEN BY NON-PROVIDER HOSPITAL DISTRICT. |
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(a) This section applies to a hospital district that does not |
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operate a hospital. |
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(b) After the hospital district pays the providing hospital |
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for the actual cost of the service, the district may file a lien on a |
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tort cause of action or claim of an eligible resident who receives |
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health care services for injuries caused by an accident that is |
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attributed to the negligence of another person. |
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(c) A person who applies for or receives health care |
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services shall inform the hospital district, at the time of |
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application or at any time during eligibility for services, of: |
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(1) any unsettled tort claim that may affect medical |
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needs; |
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(2) any private accident or health insurance coverage |
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that is or may become available; and |
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(3) any injury that is caused by the act or failure to |
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act of some other person. |
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(d) An applicant or eligible resident shall inform the |
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hospital district of information required by Subsection (c) within |
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30 days of the date the person learns of the person's insurance |
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coverage, tort claim, or potential cause of action. |
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(e) A claim for damages for personal injury does not |
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constitute grounds for denying or discontinuing services under this |
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chapter. |
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(f)(1) A lien under this chapter attaches to: |
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(A) a tort cause of action for damages arising |
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from an injury for which the injured eligible resident receives |
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health care services; |
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(B) a judgment of a court in this state or the |
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decision of a public agency in a proceeding brought by the eligible |
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resident or by another person entitled to bring the suit in case of |
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the death of the eligible resident to recover tort damages arising |
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from an injury for which the eligible resident receives health care |
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services; and |
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(C) the proceeds of a settlement of a tort cause |
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of action or a tort claim by the eligible resident or another person |
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entitled to make the claim, arising from an injury for which the |
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eligible resident receives health care services. |
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(2) If the eligible resident has health insurance, the |
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providing hospital is obligated to timely bill the applicable |
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health insurer in accordance with Chapter 146, Civil Practice and |
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Remedies Code. |
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(g) The lien does not attach to a claim under the workers' |
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compensation law of this state, the Federal Employees Liability |
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Act, or the Federal Longshore and Harbor Workers' Compensation Act. |
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(h) A hospital district's lien established under Subsection |
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(b) is for the amount actually paid by the hospital district for |
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services provided to the eligible resident for health care services |
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caused by an accident that is attributed to the negligence of |
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another person. |
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(i) To secure the lien, a hospital district must file |
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written notice of the lien with the county clerk of the county in |
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which the services were provided. The notice must be filed and |
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indexed before money is paid by the third-party liability insurer. |
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The notice must contain: |
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(1) the injured individual's name and address; |
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(2) the date of the accident; |
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(3) the name and location of the hospital district |
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claiming the lien; and |
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(4) the name of the person alleged to be liable for |
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damages arising from the injury, if known. |
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(j) The county clerk shall record the name of the injured |
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individual, the date of the accident, and the name and address of |
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the hospital district and shall index the record in the name of the |
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injured individual. |
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(k) The procedures set forth in Sections 55.006 and 55.007, |
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Property Code, for discharging and releasing the lien shall apply |
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to liens filed under this section. |
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(l) Procedures established by a hospital district for |
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administrative hearings under this section shall provide for |
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appropriate due process, including procedures for appeals. |
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SECTION 3. Subchapter B, Chapter 281, Health and Safety |
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Code, is amended by adding Section 281.0286 to read as follows: |
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Sec. 281.0286. TARRANT COUNTY HOSPITAL DISTRICT; |
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EMPLOYMENT OF PHYSICIANS. (a) The board of the Tarrant County |
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Hospital District may appoint, contract for, or employ physicians |
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as the board considers necessary for the efficient operation of the |
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district. |
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(b) The term of an employment contract entered into under |
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this section may not exceed four years. |
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(c) This section may not be construed as authorizing the |
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board of the Tarrant County Hospital District to supervise or |
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control the practice of medicine, as prohibited by Subtitle B, |
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Title 3, Occupations Code. |
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(d) The authority granted to the board of the Tarrant County |
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Hospital District under Subsection (a) to employ physicians shall |
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apply as necessary for the district to fulfill the district's |
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statutory mandate to provide medical care for the indigent and |
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needy residents of the district as provided by Section 281.046. |
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(e) The medical executive committee of the Tarrant County |
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Hospital District shall adopt, maintain, and enforce policies to |
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ensure that a physician employed by the district exercises the |
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physician's independent medical judgment in providing care to |
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patients. |
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(f) The policies adopted by the medical executive committee |
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under this section must include: |
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(1) policies relating to: |
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(A) governance of the medical executive |
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committee; |
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(B) credentialing; |
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(C) quality assurance; |
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(D) utilization review; |
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(E) peer review; |
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(F) medical decision-making; and |
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(G) due process; and |
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(2) rules requiring the disclosure of financial |
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conflicts of interest by a member of the medical executive |
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committee. |
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(g) The medical executive committee and the board of the |
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Tarrant County Hospital District shall jointly develop and |
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implement a conflict management process to resolve any conflict |
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between a policy adopted by the medical executive committee under |
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this section and a policy of the Tarrant County Hospital District. |
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(h) A member of the medical executive committee who is a |
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physician shall provide biennially to the chair of the medical |
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executive committee a signed, verified statement indicating that |
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the member of the medical executive committee: |
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(1) is licensed by the Texas Medical Board; |
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(2) will exercise independent medical judgment in all |
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medical executive committee matters, including matters relating |
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to: |
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(A) credentialing; |
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(B) quality assurance; |
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(C) utilization review; |
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(D) peer review; |
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(E) medical decision-making; and |
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(F) due process; |
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(3) will exercise the committee member's best efforts |
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to ensure compliance with the policies that are adopted or |
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established by the medical executive committee; and |
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(4) will report immediately to the Texas Medical Board |
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any action or event that the committee member reasonably and in good |
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faith believes constitutes a compromise of the independent medical |
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judgment of a physician in caring for a patient. |
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(i) For all matters relating to the practice of medicine, |
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each physician employed by the Tarrant County Hospital District |
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shall ultimately report to the chair of the medical executive |
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committee for the district. |
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SECTION 4. This Act applies only to the filing of an |
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application for services or receipt of services as described by |
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Section 61.067, Health and Safety Code, as added by this Act, on or |
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after the effective date of this Act. The filing of an application |
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for services or receipt of services before the effective date of |
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this Act is governed by the law in effect on the date of filing or |
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receipt of services, and the former law is continued in effect for |
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that purpose. |
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SECTION 5. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 303 passed the Senate on |
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May 9, 2011, by the following vote: Yeas 31, Nays 0; and that the |
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Senate concurred in House amendment on May 27, 2011, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 303 passed the House, with |
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amendment, on May 24, 2011, by the following vote: Yeas 144, |
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Nays 1, three present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |