Texas 2009 - 81st Regular

Texas Senate Bill SB2151 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Patrick S.B. No. 2151
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to ambulatory surgical centers and to the provision of
7	7	services at those centers by certain designated physician groups.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 243.002, Health and Safety Code, is
10	10	amended by amending Subdivision (3) and adding Subdivisions (3-a),
11	11	(3-b), and (5) to read as follows:
12	12	(3) "Department" means the [Texas] Department of State
13	13	Health Services.
14	14	(3-a) "Designated physician group" means any business
15	15	entity formed exclusively by one or more physicians licensed to
16	16	practice medicine in this state, including a professional
17	17	association, a professional corporation, a professional limited
18	18	liability company, or a professional limited liability
19	19	partnership, that has entered into a use agreement.
20	20	(3-b) "Facility" means the physical premises that the
21	21	department determines constitutes an ambulatory surgical center.
22	22	(5) "Use agreement" means a written executed agreement
23	23	between a licensed ambulatory surgical center and a designated
24	24	physician group under which the ambulatory surgical center allows
25	25	the designated physician group to use its facility to provide
26	26	ambulatory surgical center services on a part-time basis to the
27	27	designated physician group's patients.
28	28	SECTION 2. The heading to Section 243.003, Health and
29	29	Safety Code, is amended to read as follows:
30	30	Sec. 243.003. LICENSE REQUIRED; USE AGREEMENTS.
31	31	SECTION 3. Section 243.003, Health and Safety Code, is
32	32	amended by amending Subsection (c) and adding Subsections (d), (e),
33	33	(f), and (g) to read as follows:
34	34	(c) Except as provided by Subsection (d), a [A] license is
35	35	not transferable or assignable.
36	36	(d) Except as provided by Subsection (e), an ambulatory
37	37	surgical center may share its license under a sublicense agreement
38	38	with one or more designated physician groups that is entered into
39	39	under the terms of a use agreement, if the ambulatory surgical
40	40	center:
41	41	(1) remains responsible for ensuring that the facility
42	42	and all surgical and other ambulatory surgical center services
43	43	provided in the facility by any designated physician group comply
44	44	with this chapter and applicable department rules; and
45	45	(2) at least annually, provides the department with:
46	46	(A) a list of the designated physician groups
47	47	with which the ambulatory surgical center has entered into use
48	48	agreements; and
49	49	(B) any other information that the department
50	50	requires by rule about the designated physician groups or use
51	51	agreements.
52	52	(e) A use agreement under Subsection (d) may not cover a
53	53	transaction paid for under the Medicare or Medicaid health program.
54	54	(f) A use agreement entered into under this section must
55	55	comply with all applicable federal laws and regulations.
56	56	(g) The department by rule shall prescribe minimum
57	57	requirements for a use agreement entered into under this chapter.
58	58	SECTION 4. Section 843.002, Insurance Code, is amended by
59	59	adding Subdivision (1-a) and amending Subdivision (24) to read as
60	60	follows:
61	61	(1-a) "Ambulatory surgical center" means a facility
62	62	licensed under Chapter 243, Health and Safety Code, and includes a
63	63	designated physician group operating under a use agreement entered
64	64	into under that chapter.
65	65	(24) "Provider" means:
66	66	(A) a person, other than a physician, who is
67	67	licensed or otherwise authorized to provide a health care service
68	68	in this state, including:
69	69	(i) a chiropractor, registered nurse,
70	70	pharmacist, optometrist, registered optician, or acupuncturist;
71	71	or
72	72	(ii) a pharmacy, hospital, ambulatory
73	73	surgical center, or other institution or organization;
74	74	(B) a person who is wholly owned or controlled by
75	75	a provider or by a group of providers who are licensed or otherwise
76	76	authorized to provide the same health care service; or
77	77	(C) a person who is wholly owned or controlled by
78	78	one or more hospitals and physicians, including a
79	79	physician-hospital organization.
80	80	SECTION 5. Section 1301.001, Insurance Code, is amended by
81	81	amending Subdivisions (1) and (4) and adding Subdivision (1-a) to
82	82	read as follows:
83	83	(1) "Ambulatory surgical center" means a facility
84	84	licensed under Chapter 243, Health and Safety Code, and includes a
85	85	designated physician group operating under a use agreement entered
86	86	into under that chapter.
87	87	(1-a) "Health care provider" means a practitioner,
88	88	institutional provider, or other person or organization that
89	89	furnishes health care services and that is licensed or otherwise
90	90	authorized to practice in this state. The term does not include a
91	91	physician.
92	92	(4) "Institutional provider" means an ambulatory
93	93	surgical center, a hospital, a nursing home, or another [other]
94	94	medical or health-related service facility that provides care for
95	95	the sick or injured or other care that may be covered in a health
96	96	insurance policy.
97	97	SECTION 6. Section 401.011, Labor Code, is amended by
98	98	adding Subdivision (4-a) and amending Subdivision (20) to read as
99	99	follows:
100	100	(4-a) "Ambulatory surgical center" means a facility
101	101	licensed under Chapter 243, Health and Safety Code, and includes a
102	102	designated physician group operating under a use agreement entered
103	103	into under that chapter.
104	104	(20) "Health care facility" means a hospital,
105	105	ambulatory surgical center, emergency clinic, outpatient clinic,
106	106	or other facility providing health care.
107	107	SECTION 7. The change in law made by this Act applies only
108	108	to a use agreement under Section 243.003, Health and Safety Code, as
109	109	amended by this Act, that is entered into on or after the effective
110	110	date of this Act. A use agreement entered into before the effective
111	111	date of this Act is governed by the law in effect immediately before
112	112	that date, and that law is continued in effect for that purpose.
113	113	SECTION 8. This Act takes effect September 1, 2009.
114	114	COMMITTEE AMENDMENT NO. 1
115	115	Amend S.B. No. 2151, as engrossed, as follows:
116	116	(1) In SECTION 3 of the bill, in added Section 243.003(d),
117	117	Health and Safety Code (page 2, line 8), strike "by Subsection (e)"
118	118	and substitute "by Subsections (e) and (f)".
119	119	(2) In SECTION 3 of the bill, in added Section 243.003(f),
120	120	Health and Safety Code (page 2, line 27), strike "regulations." and
121	121	substitute "regulations, including Stark laws and anti-kickback
122	122	laws and regulations. This chapter may not be construed as:
123	123	(1) repealing or modifying, or creating an exception
124	124	or affirmative defense to, Chapter 102, Occupations Code, or other
125	125	applicable anti-kickback law or regulation; or
126	126	(2) authorizing or relieving any person from civil or
127	127	criminal liability for any kickback or other act or omission
128	128	prohibited by those laws or regulations."
129	129	(3) In SECTION 3 of the bill, in added Section 243.003(g),
130	130	Health and Safety Code (page 3, line 2), strike "this chapter." and
131	131	substitute "this chapter, which must be consistent with the state
132	132	and federal laws and regulations described by Subsection (f)."
133	133	81R34892 PB-DColeman