81R27077 NC-F
By: Thompson, et al. H.B. No. 2279
Substitute the following for H.B. No. 2279:
By: McReynolds C.S.H.B. No. 2279
A BILL TO BE ENTITLED
AN ACT
relating to the provision of and billing for certain diagnostic
imaging services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 3, Occupations Code, is
amended by adding Chapter 116 to read as follows:
CHAPTER 116. DIRECT BILLING OF DIAGNOSTIC IMAGING SERVICES
Sec. 116.001. DEFINITIONS. In this chapter:
(1) "Diagnostic imaging services" means magnetic
resonance imaging, computed tomography, positron emission
tomography, and any hybrid technology that combines any of those or
other imaging modalities.
(2) "Health care provider" means any person licensed
as a health care professional or authorized to practice health care
under Subtitle B, C, or E.
(3) "Licensing authority" means a department, board,
office, or other agency of this state that licenses or otherwise
regulates a health care provider who is subject to this chapter.
(4) "Patient" means a person who receives a physical
examination, evaluation, diagnosis, or treatment by a health care
provider.
(5) "Professional component of diagnostic imaging
services" means the component of a medical imaging procedure that
involves an interpretation to be performed by a health care
provider, including the interpretation of a radiograph or the
images produced by diagnostic imaging services. The term also
includes valuation for the work performed by a health care
provider, practice expenses, and medical liability associated with
the interpretation of a diagnostic imaging service.
Sec. 116.002. PROHIBITED ACTS REGARDING DIAGNOSTIC IMAGING
SERVICES. Notwithstanding any other law, a health care provider
violates this chapter and is subject to disciplinary action and
penalties under Subtitle B, C, or E, as appropriate, if the health
care provider:
(1) does not directly supervise or perform the
professional component of a diagnostic imaging service for a
patient; and
(2) fails to disclose in the bill presented to the
patient or the insurer or other third party payor, or in an itemized
statement to the patient:
(A) the name and address of the health care
provider that provided the professional component of the diagnostic
imaging service; and
(B) the net amount paid or to be paid for each
professional component of the diagnostic imaging service provided
to the patient by the health care provider.
Sec. 116.003. DISCIPLINARY ACTION. A licensing authority
with jurisdiction over a health care provider who may request or
provide diagnostic imaging services may revoke, suspend, or refuse
to renew the license or other authorization of a health care
provider who violates this chapter.
Sec. 116.004. RULES. The governing body of a licensing
authority may adopt rules as necessary to implement this chapter.
SECTION 2. Section 116.002, Occupations Code, as added by
this Act, applies only to conduct that occurs on or after the
effective date of this Act. Conduct that occurs before the
effective date of this Act is governed by the law as it existed
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.