SB1312113th GA (Historical)Introduced

Amends TCA Title 63 and Title 68.

Present law generally provides that no radiologist, anesthesiologist, pathologist, or emergency physician may be employed by a hospital or an affiliate of a hospital, and no hospital or an affiliate of a hospital, may employ a physician to provide medical services provided by such providers. However, present law authorizes a physician to be employed by a hospital or affiliate to provide emergency medical services if the physician is employed to provide other medical services. This bill removes these provisions. Present law also provides that licensed hospitals and affiliates are not prohibited from employing radiologists, anesthesiologists, pathologists, or emergency physicians under the following conditions: (1) The hospital or affiliate must not restrict or interfere with medically appropriate diagnostic or treatment decisions; (2) The hospital or affiliate must not restrict or interfere with physician referral decisions unless the physician so employed has agreed in writing to the specific restrictions at the time that the contract is executed; the restriction does not, in the reasonable medical judgment of the physician, adversely affect the health or welfare of the patient; and the employing entity discloses restrictions to the patient; and (3) In the event of a dispute relating to (1) or (2), the hospital or affiliate has the burden of proof. This bill extends the above provisions to any licensed physician, not just radiologists, anesthesiologists, pathologists, or emergency physicians.

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Overview

Present law generally provides that no radiologist, anesthesiologist, pathologist, or emergency physician may be employed by a hospital or an affiliate of a hospital, and no hospital or an affiliate of a hospital, may employ a physician to provide medical services provided by such providers. However, present law authorizes a physician to be employed by a hospital or affiliate to provide emergency medical services if the physician is employed to provide other medical services. This bill removes these provisions. Present law also provides that licensed hospitals and affiliates are not prohibited from employing radiologists, anesthesiologists, pathologists, or emergency physicians under the following conditions: (1) The hospital or affiliate must not restrict or interfere with medically appropriate diagnostic or treatment decisions; (2) The hospital or affiliate must not restrict or interfere with physician referral decisions unless the physician so employed has agreed in writing to the specific restrictions at the time that the contract is executed; the restriction does not, in the reasonable medical judgment of the physician, adversely affect the health or welfare of the patient; and the employing entity discloses restrictions to the patient; and (3) In the event of a dispute relating to (1) or (2), the hospital or affiliate has the burden of proof. This bill extends the above provisions to any licensed physician, not just radiologists, anesthesiologists, pathologists, or emergency physicians.

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 31, 2023

Subjects
22903670

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