HBA-DMH H.B. 3395 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3395
By: Dunnam
Civil Practices
3/27/2001
Introduced



BACKGROUND AND PURPOSE 

Under Texas court decisions, hospitals have been held responsible when they
negligently extend practice privileges or employment to a physician that is
unfit to practice medicine.  In 1997, St. Luke's Episcopal Hospital v.
Agbor determined that hospitals are not responsible when a patient is
killed or injured as a result of hospital negligence allowing unfit
physicians treat patients.  House Bill 3395 establishes liability for a
hospital or health maintenance organization for granting certain medical
staff privileges employment. 

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. 

ANALYSIS

House Bill 3395 amends the Occupations Code to provide that a hospital or a
health maintenance organization (HMO) is liable to a patient without proof
of malice if the trier of fact determines by a preponderance of the
evidence that the members or staff of a medical peer review committee or
the officers, agents, employees, or the members of the governing body of a
hospital or HMO are negligent with respect to the granting of certain
medical staff privileges or employment and that such negligence was a
proximate cause of injury to or death of a patient.  If a hospital or HMO
delegates to any other person or entity the function of granting certain
medical staff privileges or employment, the hospital or HMO remains
ultimately and solely liable for any negligence of any person or entity to
whom any such duties are delegated where such negligence is a proximate
cause of injury to or death of a patient. 

EFFECTIVE DATE

September 1, 2001.