85R10251 BEE-D     By: Zedler H.B. No. 3310       A BILL TO BE ENTITLED   AN ACT   relating to prohibiting certain discrimination against a physician   or an applicant for a license to practice medicine in this state.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 241.003, Health and Safety Code, is   amended by adding Subdivisions (7-a) and (16) to read as follows:                (7-a)  "Maintenance of certification" has the meaning   assigned by Section 151.002, Occupations Code.                (16)  "Specialty medical board certification" has the   meaning assigned by Section 151.002, Occupations Code.          SECTION 2.  Subchapter A, Chapter 241, Health and Safety   Code, is amended by adding Section 241.011 to read as follows:          Sec. 241.011.  DISCRIMINATION AGAINST PHYSICIAN BASED ON   SPECIALTY MEDICAL BOARD CERTIFICATION OR MAINTENANCE OF   CERTIFICATION. Notwithstanding any other law, the owner, operator,   or governing body of a hospital that is licensed in this state may   not:                (1)  require a physician to obtain or maintain any form   of specialty medical board certification or maintenance of   certification to be eligible for medical staff membership or   professional privileges, including admitting privileges; or                (2)  discriminate against, disfavor, or disadvantage a   physician who does not obtain or maintain specialty medical board   certification or maintenance of certification.          SECTION 3.  Subtitle F, Title 8, Insurance Code, is amended   by adding Chapter 1461 to read as follows:   CHAPTER 1461. DISCRIMINATION AGAINST PHYSICIAN BASED ON MEDICAL   SPECIALTY BOARD CERTIFICATION OR MAINTENANCE OF CERTIFICATION          Sec. 1461.001.  DEFINITIONS. In this chapter:                (1)  "Enrollee" means an individual who is eligible to   receive health care services under a managed care plan.                (2)  "Maintenance of certification" has the meaning   assigned by Section 151.002, Occupations Code.                (3)  "Managed care plan" means a health benefit plan   under which medical care services are provided to enrollees through   contracts with physicians and that requires enrollees to use   participating physicians or that provides a different level of   coverage for enrollees who use participating physicians.  The term   includes a health benefit plan issued by:                      (A)  a health maintenance organization;                      (B)  a preferred provider benefit plan issuer; or                      (C)  any other entity that issues a health benefit   plan, including an insurance company.                (4)  "Participating physician" means a physician who   has directly or indirectly contracted with a health benefit plan   issuer to provide services to enrollees.                (5)  "Physician" means a person licensed to practice   medicine in this state.                (6)  "Specialty medical board certification" has the   meaning assigned by Section 151.002, Occupations Code.          Sec. 1461.002.  APPLICABILITY. (a)  This chapter applies to   a physician regardless of whether the physician is a participating   physician.          (b)  This chapter applies to a person with whom a managed   care plan issuer contracts to:                (1)  process or pay claims;                (2)  obtain the services of physicians to provide   medical care services to enrollees; or                (3)  issue verifications or preauthorizations.          Sec. 1461.003.  DISCRIMINATION AGAINST PHYSICIAN BASED ON   SPECIALTY MEDICAL BOARD CERTIFICATION, MAINTENANCE OF   CERTIFICATION, OR STAFF PRIVILEGES. Notwithstanding any other law,   a managed care plan issuer may not:                (1)  require for the payment or reimbursement of a   claim under the plan that a physician:                      (A)  obtain or maintain any form of specialty   medical board certification or maintenance of certification; or                      (B)  maintain hospital medical staff privileges;   or                (2)  discriminate against, disfavor, or disadvantage a   physician who does not obtain or maintain specialty medical board   certification or maintenance of certification.          SECTION 4.  Section 151.002(a), Occupations Code, is amended   by adding Subdivisions (6-b) and (13-a) to read as follows:                (6-b)  "Maintenance of certification" means a process   of successful completion of periodic recertification examinations   that are required to maintain specialty medical board   certification.                (13-a)  "Specialty medical board certification" means   certification by a board that specializes in one particular area of   medicine and typically requires additional and more strenuous   examinations than state licensing boards require to practice   medicine.          SECTION 5.  Chapter 151, Occupations Code, is amended by   adding Subchapter C to read as follows:   SUBCHAPTER C. DISCRIMINATION AGAINST PHYSICIAN BASED ON MEDICAL   SPECIALTY BOARD CERTIFICATION OR MAINTENANCE OF CERTIFICATION          Sec. 151.101.  DISCRIMINATION REGARDING PRACTICE OF   MEDICINE PROHIBITED. Notwithstanding any other law, the board may   not:                (1)  require any form of specialty medical board   certification or maintenance of certification to practice medicine   in this state; or                (2)  require any form of specialty medical board   certification or maintenance of certification for a person to be   eligible under this subtitle for:                      (A)  a license; or                      (B)  an initial or renewal registration permit.          Sec. 151.102.  DISCRIMINATION BY STATE AGENCY PROHIBITED.   Notwithstanding any other law the board or another state agency may   not discriminate against, disfavor, or disadvantage a physician who   does not obtain or maintain specialty medical board certification   or maintenance of certification.          Sec. 151.103.  DISCRIMINATION IN COMPACT PROHIBITED.   Notwithstanding any other law the board or another state agency may   not enter into a compact, including an interstate compact, that   discriminates against, disfavors, or disadvantages a physician who   does not obtain or maintain specialty medical board certification   or maintenance of certification.          SECTION 6.  This Act takes effect September 1, 2017.