HBA-ATS H.B. 3111 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3111
By: Uresti
Insurance
3/28/1999
Introduced



BACKGROUND AND PURPOSE 

A hospitalist may be generally defined as a hospital-based physician who
specializes in the management of hospitalized patients.  The role of a
hospitalist is to take responsibility from a primary care physician for the
care of an admitted patient.  During the patient's stay at the hospital,
the hospitalist serves as the patient's physician of record.  Once the
patient is discharged, the primary care physician resumes primary care for
the patient.  Some managed care insurers mandate that a hospitalist,
instead of a primary care physician, care for an admitted patient. 

H.B. 3111 prohibits a contract between a physician and a health maintenance
organization or an insurance company that markets or sponsors a preferred
provider benefit plan from containing a requirement for the mandatory use
of a hospitalist.  Under this bill, a "hospitalist" is defined as a
physician who becomes a physician of record at a hospital for a patient of
a participating physician and who may return the care of the patient to
that physician at the end of the hospitalization.  

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 Article 20A.18A (Texas Health Maintenance Organization
Act), Insurance Code, by adding Subsection (j) to define "hospitalist" as a
physician who becomes a physician of record at a hospital for a patient of
a participating physician and who may return the care of the patient to
that physician at the end of the hospitalization.  Prohibits a contract
between a health maintenance organization and a physician from containing a
requirement for the mandatory use of a hospitalist. 

SECTION 2.  Amends Section 3, Article 3.70-3C, Insurance Code, by adding
Subsection (n), to define "hospitalist" as a physician who becomes a
physician of record at a hospital for a patient of a participating
physician and who may return the care of the patient to that physician at
the end of the hospitalization.  Prohibits a contract between an insurance
company that markets or sponsors a preferred provider benefit plan and a
physician from containing a requirement for the mandatory use of a
hospitalist. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.