81R31340 YDB-D
By: Coleman, Davis of Harris H.B. No. 3749
Substitute the following for H.B. No. 3749:
By: Naishtat C.S.H.B. No. 3749
A BILL TO BE ENTITLED
AN ACT
relating to the creation of an interim committee on, and a study of,
the itemized billing statements of certain health care facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITIONS. In this Act:
(1) "Department" means the Department of State Health
Services.
(2) "Health care facility" means:
(A) an ambulatory surgical center licensed under
Chapter 243, Health and Safety Code;
(B) a birthing center licensed under Chapter 244,
Health and Safety Code; or
(C) a hospital licensed under Chapter 241, Health
and Safety Code.
(3) "Interim committee" means the committee appointed
under Section 3 of this Act.
SECTION 2. DATA COLLECTION. (a) The department shall
collect information concerning the itemized billing statements of
health care facilities, including information concerning the unit
prices charged to health care facilities by manufacturers,
suppliers, or providers for:
(1) medical hardware provided to patients by health
care facilities;
(2) devices or implants provided to patients by health
care facilities;
(3) prescription specialty drugs or drug protocols
dispensed to patients by health care facilities; and
(4) health care services provided to patients by
health services providers for health care facilities.
(b) A health care facility shall provide information as
required by the department under this Act. A health care facility
may not include in a contract to which the health care facility is a
party and that is entered into or renewed on or after the effective
date of this Act, a provision that prohibits the health care
facility from disclosing as required under this section:
(1) information on the unit price charged to the
health care facility by a manufacturer, supplier, or provider of
any medical hardware, device, implant, prescription specialty
drug, drug protocol, or service; or
(2) other pricing information related to the contract.
(c) The department shall provide the information collected
under this section to the interim committee.
SECTION 3. INTERIM COMMITTEE; STUDY; REPORT. (a) The
interim committee consists of the following six members:
(1) three senators appointed by the lieutenant
governor; and
(2) three state representatives appointed by the
speaker of the house of representatives.
(b) The interim committee shall elect a presiding officer
from among its members. The committee shall convene at the call of
the presiding officer.
(c) The interim committee shall hold public hearings on the
transparency of itemized billing statements of health care
facilities and include information gathered in the hearings in the
study conducted under this section.
(d) The interim committee shall conduct a study concerning
transparency of itemized billing statements of health care
facilities. The study must examine:
(1) to the extent the unit prices charged to
facilities by manufacturers, suppliers, and providers reflect
discounts, rebates, or other adjustments to the price billed, the
manner in which the billing statement accurately reflects the
actual unit prices charged to and paid by facilities and whether the
billing statement includes invoices or other sufficient
documentation to support the actual unit prices paid;
(2) the effects of health care facility billing
practices on patient access to health care and on third-party
payors, including the effects of pricing and discounting practices
on the uninsured and underinsured and on insurers, governmental
payors, and other third-party payors;
(3) the economic consequences of health care facility
billing practices on consumers and third-party payors, including
the effects of bankruptcy and denied claims;
(4) the resolution of patient complaints on health
care facility billed charges and billing practices, including
resolution through reduction in charges to a patient through any
available charity care or discounts offered by the health care
facility for patients; and
(5) the effects of health care facility billing
practices related to any increase in the amount of the billed unit
prices presented to consumers and third-party payors compared to
the actual unit prices charged to and paid by facilities.
(e) Not later than December 1, 2010, the interim committee
shall submit to the governor, lieutenant governor, and speaker of
the house of representatives a report on the results of the study,
including recommendations for legislation to address issues
identified in the study.
SECTION 4. EXPIRATION. This Act expires September 1, 2011.
SECTION 5. EFFECTIVE DATE. This Act takes effect
immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2009.