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.