82R13286 MAW-F
By: Hunter H.B. No. 3630
A BILL TO BE ENTITLED
AN ACT
relating to certain unprofessional conduct by a health care
provider.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 105.002(a), Occupations Code, is amended
to read as follows:
(a) A health care provider commits unprofessional conduct
if the health care provider, in connection with the provider's
professional activities:
(1) knowingly presents or causes to be presented a
false or fraudulent claim for the payment of a loss under an
insurance policy;
(2) knowingly prepares, makes, or subscribes to any
writing, with intent to present or use the writing, or to allow it
to be presented or used, in support of a false or fraudulent claim
under an insurance policy; [or]
(3) knowingly directs or requires a patient to obtain
health care goods or services from a niche hospital in which the
health care provider or an immediate family member of the provider
has a financial interest, unless the provider:
(A) discloses to the patient, in writing, that
the provider or the provider's family member has a financial
interest in the niche hospital; and
(B) informs the patient that the patient has the
option of using an alternative health care facility; or
(4) knowingly fails to allow a patient, when requested
by the patient or a guardian authorized to consent to treatment for
the patient, to have another person present with the patient during
an examination, service, or procedure to observe the patient or
health care provider.
SECTION 2. This Act takes effect September 1, 2011.