SECTION 177.6. Biennial Reports for 162.001(b) Health Organizations

Each health organization certified under the Act, §162.001(b), shall file with the board a biennial report in September of each odd numbered year if certified in an odd numbered year, and in September of each even numbered year if certified in an even numbered year, and the biennial report shall include:

(1) Biennial Identification Statement. A statement signed and verified by the chief executive officer:

(A) indicating the name and mailing address of the health organization;

(B) indicating the names and mailing addresses of all members or that there are no members;

(C) indicating the names and mailing addresses of all officers;

(D) indicating the names and mailing addresses of all directors; and

(E) disclosing any changes in the composition of the board of directors since the last biennial report.

(2) Biennial Document Statement. A statement signed and verified by the chief executive officer attaching a copy of the current certificate of incorporation and by-laws of the health organization if not already on file with the board and indicating:

(A) whether or not the by-laws or articles of incorporation of the health organization have been revised since the last biennial report;

(B) whether or not such revisions, if any, were recommended or approved by the board of directors; and

(C) a concise explanation of such revisions, if any.

(3) Biennial Director Statements. Statements signed and verified by each current director indicating that:

(A) such director is licensed by the board;

(B) such director is actively engaged in the practice of medicine and has no restrictions on his or her Texas medical license;

(C) such director will, as a director, exercise independent judgment in all matters and, specifically, matters relating to credentialing, quality assurance, utilization review, peer review, and the practice of medicine;

(D) such director will, as a director, exercise best efforts to cause the health organization to comply with all relevant provisions of the Act and the Rules;

(E) such director will, as a director, immediately report to the board any action or event which such director reasonably and in good faith believes constitutes a violation or attempted violation of such Act or the Rules; and

(F) such director has disclosed within such director's statement the identity of all of such director's financial relationships, if any, of the type described in §177.4(2)(E) of this title (relating to Applications for Certification as a 162.001(b) Health Organization) and provided a concise explanation of the nature of each such financial relationship within such director's statement.

(4) Biennial Compliance Statement. A statement signed and verified by the chief executive officer indicating that the Health Organization is in compliance with the requirements for certification and continued certification as required by the provisions of the Act and the Rules.

(5) Biennial Fee Payment. A fee in the amount and form specified by §175.2 of this title (relating to Registration and Renewal Fees).

Source Note: The provisions of this §177.6 adopted to be effective January 12, 1996, 21 TexReg 107; amended to be effective March 8, 2001, 26 TexReg 1864; amended to be effective July 4, 2004, 29 TexReg 6089; amended to be effective March 16, 2008, 33 TexReg 2025