Texas 2009 - 81st Regular

Texas House Bill HB2279 Compare Versions

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Old	New	Differences
1	1	81R27077 NC-F
2	2	By: Thompson, et al. H.B. No. 2279
3	3	Substitute the following for H.B. No. 2279:
4	4	By: McReynolds C.S.H.B. No. 2279
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the provision of and billing for certain diagnostic
10	10	imaging services.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle A, Title 3, Occupations Code, is
13	13	amended by adding Chapter 116 to read as follows:
14	14	CHAPTER 116. DIRECT BILLING OF DIAGNOSTIC IMAGING SERVICES
15	15	Sec. 116.001. DEFINITIONS. In this chapter:
16	16	(1) "Diagnostic imaging services" means magnetic
17	17	resonance imaging, computed tomography, positron emission
18	18	tomography, and any hybrid technology that combines any of those or
19	19	other imaging modalities.
20	20	(2) "Health care provider" means any person licensed
21	21	as a health care professional or authorized to practice health care
22	22	under Subtitle B, C, or E.
23	23	(3) "Licensing authority" means a department, board,
24	24	office, or other agency of this state that licenses or otherwise
25	25	regulates a health care provider who is subject to this chapter.
26	26	(4) "Patient" means a person who receives a physical
27	27	examination, evaluation, diagnosis, or treatment by a health care
28	28	provider.
29	29	(5) "Professional component of diagnostic imaging
30	30	services" means the component of a medical imaging procedure that
31	31	involves an interpretation to be performed by a health care
32	32	provider, including the interpretation of a radiograph or the
33	33	images produced by diagnostic imaging services. The term also
34	34	includes valuation for the work performed by a health care
35	35	provider, practice expenses, and medical liability associated with
36	36	the interpretation of a diagnostic imaging service.
37	37	Sec. 116.002. PROHIBITED ACTS REGARDING DIAGNOSTIC IMAGING
38	38	SERVICES. Notwithstanding any other law, a health care provider
39	39	violates this chapter and is subject to disciplinary action and
40	40	penalties under Subtitle B, C, or E, as appropriate, if the health
41	41	care provider:
42	42	(1) does not directly supervise or perform the
43	43	professional component of a diagnostic imaging service for a
44	44	patient; and
45	45	(2) fails to disclose in the bill presented to the
46	46	patient or the insurer or other third party payor, or in an itemized
47	47	statement to the patient:
48	48	(A) the name and address of the health care
49	49	provider that provided the professional component of the diagnostic
50	50	imaging service; and
51	51	(B) the net amount paid or to be paid for each
52	52	professional component of the diagnostic imaging service provided
53	53	to the patient by the health care provider.
54	54	Sec. 116.003. DISCIPLINARY ACTION. A licensing authority
55	55	with jurisdiction over a health care provider who may request or
56	56	provide diagnostic imaging services may revoke, suspend, or refuse
57	57	to renew the license or other authorization of a health care
58	58	provider who violates this chapter.
59	59	Sec. 116.004. RULES. The governing body of a licensing
60	60	authority may adopt rules as necessary to implement this chapter.
61	61	SECTION 2. Section 116.002, Occupations Code, as added by
62	62	this Act, applies only to conduct that occurs on or after the
63	63	effective date of this Act. Conduct that occurs before the
64	64	effective date of this Act is governed by the law as it existed
65	65	immediately before the effective date of this Act, and that law is
66	66	continued in effect for that purpose.
67	67	SECTION 3. This Act takes effect September 1, 2009.