H.B. No. 5076 amends Section 162.0022(a) of the Occupations Code to establish guidelines for health organizations regarding vicarious liability for medical care provided by employed physicians. The bill mandates that health organizations certified under Section 162.001(b) must adopt, maintain, and enforce policies ensuring that their employed physicians exercise independent medical judgment when delivering patient care.
Importantly, the bill introduces new legal language stating that a health organization complying with these requirements will not be held vicariously liable for the medical care provided by an employed physician, provided that the organization does not interfere with or direct the physician's independent medical judgment. This change aims to clarify the liability of health organizations in relation to the actions of their employed physicians, promoting autonomy in medical decision-making. The bill will take effect immediately upon receiving a two-thirds vote from both houses or on September 1, 2025, if such a vote is not achieved.
Statutes affected: Introduced: Occupations Code 162.0022 (Occupations Code 162)