2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle B - Physicians › Chapter 162 - Regulation of Practice of Medicine › Subchapter A. Regulation by Board of Certain Nonprofit Health Corporations › Section 162.006. Biennial Report Required for Certain Health Organizations

Sec. 162.006.  BIENNIAL REPORT REQUIRED FOR CERTAIN HEALTH ORGANIZATIONS.  (a)  Each health organization certified under Section 162.001(b) shall file with the board a biennial report in September of each odd-numbered year if the organization was certified in an odd-numbered year or in September of each even-numbered year if the organization was certified in an even-numbered year.  The biennial report must include:
(1)  a statement signed and verified by the president or chief executive officer of the health organization that:
(A)  provides the name and mailing address of:
(i)  the health organization;
(ii)  each member of the health organization, except that if the health organization has no members, a statement indicating that fact;
(iii)  each member of the board of directors of the health organization; and
(iv)  each officer of the health organization; and
(B)  discloses any change in the composition of the board of directors since the date of the most recent biennial report;
(2)  a statement signed and verified by the president or chief executive officer of the health organization that:
(A)  indicates whether the health organization's certificate of formation or bylaws were amended since the date of the most recent biennial report;
(B)  if applicable, provides a concise explanation of the amendments and states whether the amendments were recommended or approved by the board of directors; and
(C)  has attached to the statement a copy of the organization's current certificate of formation and bylaws if a copy is not already on file with the board;
(3)  a statement from each current director of the health organization, signed and verified by the director:
(A)  stating that the director is licensed by the board to practice medicine, is actively engaged in the practice of medicine, and has no restrictions on the director's license;
(B)  stating that the director will, as a director:
(i)  exercise independent judgment in all matters, specifically including matters relating to credentialing, quality assurance, utilization review, peer review, and the practice of medicine;
(ii)  exercise best efforts to cause the health organization to comply with all relevant provisions of this subtitle and board rules; and
(iii)  immediately report to the board any action or event the director reasonably and in good faith believes constitutes a violation or attempted violation of this subtitle or board rules;
(C)  identifying and concisely explaining the nature of each financial relationship the director has, if any, with a member, another director, or a supplier of the health organization or an affiliate of those persons; and
(D)  stating that the director has disclosed all financial relationships described by Paragraph (C); and
(4)  a statement signed and verified by the president or chief executive officer of the health organization indicating that the health organization is in compliance with the requirements for continued certification provided by this subtitle and board rules.
(b)  A health organization required to submit a biennial report under Subsection (a) shall submit with the report a fee in the amount prescribed by board rule.
(c)  Not later than January 1 of each year, the board shall publish on the board's Internet website the information provided to the board in each statement under Subsection (a)(1).
(d)  Information provided to the board in each statement under Subsections (a)(2), (3), and (4) is public information subject to disclosure under Chapter 552, Government Code.
(e)  The board may adopt rules necessary to implement this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 771 (H.B. 1532), Sec. 2, eff. September 1, 2019.