HBA-EVB S.B. 753 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 753 By: Madla State Affairs 4/27/1999 Engrossed BACKGROUND AND PURPOSE Currently, a local mental health and mental retardation center (MHMR center) may maintain a limited purpose health maintenance organization (HMO). The MHMR center is a local governmental organization and must adhere to the Open Meetings and Records Act (Act), and so must its affiliated HMO. There is concern that adherence to open meetings requirements may make certain information available to competitors, such as pricing or financial planning information, or information relating to a proposed new service or product line, thus placing the public entity at a disadvantage. S.B. 753 exempts certain publicly held HMOs activities from the open meeting requirements. 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 Section 551.085, Government Code, as follows: Sec. 551.085. New title: GOVERNING BOARD OF CERTAIN PROVIDERS OF HEALTH CARE SERVICES. Provides that this chapter does not require the governing board of a nonprofit health maintenance organization created under Section 534.101(Health Maintenance Organization Certificate of Authority), Health and Safety Code, to conduct an open meeting to deliberate enumerated items. Deletes "municipal hospital, hospital district, or municipal hospital authority" from the title. Makes conforming and nonsubstantive changes. SECTION 2. Amends Sections 534.101(c) and (d), Health and Safety Code, to require a nonprofit corporation to disclose in an open meeting, rather than in writing to the Texas Department of Mental Health and Mental Retardation, the services to be provided by a community center, before submitting any bids. Provides that notice of the meeting must be posted in accordance with Sections 551.041 (Notice of Meeting Required), 551.043 (Time and Accessibility of Notice; General Rule), and 551.054 (District or Political Subdivision Extending Into Fewer Than Four Counties: Notice to Public and County Clerks; Place of Posting Notice), Government Code. Requires the board of the nonprofit corporation to provide for public notice and to provide an opportunity for public comment. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.