Texas 2009 - 81st Regular

Texas House Bill HB2712 Compare Versions

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Old	New	Differences
1	1	81R28772 PB-F
2	2	By: Coleman H.B. No. 2712
3	3	Substitute the following for H.B. No. 2712:
4	4	By: Gonzales C.S.H.B. No. 2712
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to ambulatory surgical centers and to the provision of
10	10	services at those centers by certain designated physician groups.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 243.002, Health and Safety Code, is
13	13	amended by amending Subdivision (3) and adding Subdivisions (3-a),
14	14	(3-b), and (5) to read as follows:
15	15	(3) "Department" means the [Texas] Department of State
16	16	Health Services.
17	17	(3-a) "Designated physician group" means any business
18	18	entity formed exclusively by one or more physicians licensed to
19	19	practice medicine in this state, including a professional
20	20	association, a professional corporation, a professional limited
21	21	liability company, or a professional limited liability
22	22	partnership, that has entered into a use agreement.
23	23	(3-b) "Facility" means the physical premises that the
24	24	department determines constitutes an ambulatory surgical center.
25	25	(5) "Use agreement" means a written executed agreement
26	26	between a licensed ambulatory surgical center and a designated
27	27	physician group under which the ambulatory surgical center allows
28	28	the designated physician group to use its facility to provide
29	29	ambulatory surgical center services on a part-time basis to the
30	30	designated physician group's patients.
31	31	SECTION 2. The heading to Section 243.003, Health and
32	32	Safety Code, is amended to read as follows:
33	33	Sec. 243.003. LICENSE REQUIRED; USE AGREEMENTS.
34	34	SECTION 3. Section 243.003, Health and Safety Code, is
35	35	amended by amending Subsection (c) and adding Subsections (d), (e),
36	36	(f), and (g) to read as follows:
37	37	(c) Except as provided by Subsection (d), a [A] license is
38	38	not transferable or assignable.
39	39	(d) Except as provided by Subsection (e), an ambulatory
40	40	surgical center may share its license under a sublicense agreement
41	41	with one or more designated physician groups that is entered into
42	42	under the terms of a use agreement, if the ambulatory surgical
43	43	center:
44	44	(1) remains responsible for ensuring that the facility
45	45	and all surgical and other ambulatory surgical center services
46	46	provided in the facility by any designated physician group complies
47	47	with this chapter and applicable department rules; and
48	48	(2) at least annually, provides the department with:
49	49	(A) a list of the designated physician groups
50	50	with which the ambulatory surgical center has entered into use
51	51	agreements; and
52	52	(B) any other information that the department
53	53	requires by rule about the designated physician groups or use
54	54	agreements.
55	55	(e) A use agreement under Subsection (d) may not cover a
56	56	transaction paid for under the Medicare or Medicaid health program.
57	57	(f) A use agreement entered into under this section must
58	58	comply with all applicable federal laws and regulations.
59	59	(g) The department by rule shall prescribe minimum
60	60	requirements for a use agreement entered into under this chapter.
61	61	SECTION 4. Section 843.002, Insurance Code, is amended by
62	62	adding Subdivision (1-a) and amending Subdivision (24) to read as
63	63	follows:
64	64	(1-a) "Ambulatory surgical center" means a facility
65	65	licensed under Chapter 243, Health and Safety Code, and includes a
66	66	designated physician group operating under a use agreement entered
67	67	into under that chapter.
68	68	(24) "Provider" means:
69	69	(A) a person, other than a physician, who is
70	70	licensed or otherwise authorized to provide a health care service
71	71	in this state, including:
72	72	(i) a chiropractor, registered nurse,
73	73	pharmacist, optometrist, registered optician, or acupuncturist;
74	74	or
75	75	(ii) a pharmacy, hospital, ambulatory
76	76	surgical center, or other institution or organization;
77	77	(B) a person who is wholly owned or controlled by
78	78	a provider or by a group of providers who are licensed or otherwise
79	79	authorized to provide the same health care service; or
80	80	(C) a person who is wholly owned or controlled by
81	81	one or more hospitals and physicians, including a
82	82	physician-hospital organization.
83	83	SECTION 5. Section 1301.001, Insurance Code, is amended by
84	84	amending Subdivisions (1) and (4) and adding Subdivision (1-a) to
85	85	read as follows:
86	86	(1) "Ambulatory surgical center" means a facility
87	87	licensed under Chapter 243, Health and Safety Code, and includes a
88	88	designated physician group operating under a use agreement entered
89	89	into under that chapter.
90	90	(1-a) "Health care provider" means a practitioner,
91	91	institutional provider, or other person or organization that
92	92	furnishes health care services and that is licensed or otherwise
93	93	authorized to practice in this state. The term does not include a
94	94	physician.
95	95	(4) "Institutional provider" means an ambulatory
96	96	surgical center, a hospital, a nursing home, or another [other]
97	97	medical or health-related service facility that provides care for
98	98	the sick or injured or other care that may be covered in a health
99	99	insurance policy.
100	100	SECTION 6. Section 401.011, Labor Code, is amended by
101	101	adding Subdivision (4-a) and amending Subdivision (20) to read as
102	102	follows:
103	103	(4-a) "Ambulatory surgical center" means a facility
104	104	licensed under Chapter 243, Health and Safety Code, and includes a
105	105	designated physician group operating under a use agreement entered
106	106	into under that chapter.
107	107	(20) "Health care facility" means a hospital,
108	108	ambulatory surgical center, emergency clinic, outpatient clinic,
109	109	or other facility providing health care.
110	110	SECTION 7. The change in law made by this Act applies only
111	111	to a use agreement under Section 243.003, Health and Safety Code, as
112	112	amended by this Act, that is entered into on or after the effective
113	113	date of this Act. A use agreement entered into before the effective
114	114	date of this Act is governed by the law in effect immediately before
115	115	that date, and that law is continued in effect for that purpose.
116	116	SECTION 8. This Act takes effect September 1, 2009.