By: Price H.B. No. 2017
A BILL TO BE ENTITLED
AN ACT
relating to nondiscrimination against physicians in payment for
telephone consultation services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 8, Insurance Code, is amended
by adding Chapter 1459 to read as follows:
CHAPTER 1459. FAIR ACCESS TO TELEPHONE CONSULTATIONS
Sec. 1459.001. DEFINITIONS. In this chapter:
(1) "Employee benefit plan" means a plan, fund or
program established or maintained by an employer or employee
organization.
(2) "Health insurance policy" means any individual,
group, blanket, or franchise insurance policy, insurance
agreement, or group hospital service contract.
(3) "Physician" means an individual licensed to
practice medicine in this state; a professional association
composed solely of individuals licensed to practice medicine in
this state; a single legal entity authorized to practice medicine
in this state that is owned by two or more individuals licensed to
practice medicine in this state; a nonprofit health corporation
certified by the Texas Medical Board under Chapter 162, Occupations
Code; and a partnership composed solely of individuals licensed to
practice medicine in this state.
Sec. 1459.002. NONDISCRIMINATION IN TELEPHONE CONSULTATION
SERVICES. (a) An employee benefit plan or health insurance policy
may not:
(1) prohibit a physician from charging for a telephone
consultation with a covered patient if that employee benefit plan
or health insurance policy allows any other person to charge for
telephone consultations with covered patients;
(2) deny payment to a physician for a medically
necessary telephone consultation with a covered patient if that
employee benefit plan or health insurance policy pays any other
person for telephone consultations with covered patients; or
(3) discriminate against physicians in determining
payment amounts for medically necessary telephone consultations
provided to covered patients if that employee benefit plan or
health insurance policy pays any other person for telephone
consultations with covered patients.
(b) Nothing in this Section shall be construed as
prohibiting an employee benefit plan or health insurance policy
from paying a physician for medically necessary telephone
consultations.
SECTION 2. This Act takes effect September 1, 2013.