83R22384 KKR-D
By: Kolkhorst H.B. No. 3556
Substitute the following for H.B. No. 3556:
By: Naishtat C.S.H.B. No. 3556
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of emergency medical
services providers and a moratorium on the issuance of emergency
medical services provider licenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 773, Health and Safety
Code, is amended by adding Sections 773.05711, 773.05712, and
773.05713 to read as follows:
Sec. 773.05711. ADDITIONAL EMERGENCY MEDICAL SERVICES
PROVIDER LICENSE REQUIREMENTS. (a) In addition to the
requirements for obtaining or renewing an emergency medical
services provider license under this subchapter, a person who
applies for a license or for a renewal of a license must:
(1) provide the department with a letter of credit
issued by a federally insured bank or savings institution in the
amount of:
(A) $100,000 for the initial license and for
renewal of the license on the second anniversary of the date the
initial license is issued;
(B) $75,000 for renewal of the license on the
fourth anniversary of the date the initial license is issued;
(C) $50,000 for renewal of the license on the
sixth anniversary of the date the initial license is issued; and
(D) $25,000 for renewal of the license on the
eighth anniversary of the date the initial license is issued and
each subsequent renewal;
(2) provide the department with a surety bond in the
amount of:
(A) $50,000 for the initial license and for
renewal of the license on the second anniversary of the date the
initial license is issued;
(B) $25,000 for renewal of the license on the
fourth anniversary of the date the initial license is issued; and
(C) $10,000 for renewal of the license on the
sixth anniversary of the date the initial license is issued and each
subsequent renewal; and
(3) submit for approval by the department the name and
contact information of the provider's administrator of record who
satisfies the requirements under Section 773.05712.
(b) An emergency medical services provider that is directly
operated by a governmental entity is exempt from this section.
Sec. 773.05712. ADMINISTRATOR OF RECORD. (a) The
administrator of record for an emergency medical services provider
licensed under this subchapter:
(1) may not be employed or otherwise compensated by
another private for-profit emergency medical services provider;
(2) must meet the qualifications required for an
emergency medical technician or other health care professional
license or certification issued by this state; and
(3) must submit to a criminal history record check at
the applicant's expense.
(b) Section 773.0415 does not apply to information an
administrator of record is required to provide under this section.
(c) An administrator of record initially approved by the
department may be required to complete an education course for new
administrators of record. The executive commissioner shall
recognize, prepare, or administer the education course for new
administrators of record, which must include information about the
laws and department rules that affect emergency medical services
providers.
(d) An administrator of record approved by the department
under Section 773.05711(a) annually must complete at least eight
hours of continuing education following initial approval. The
executive commissioner shall recognize, prepare, or administer
continuing education programs for administrators of record, which
must include information about changes in law and department rules
that affect emergency medical services providers.
(e) An emergency medical services provider that is directly
operated by a governmental entity is exempt from this section.
Sec. 773.05713. REPORT TO LEGISLATURE. Not later than
December 1 of each even-numbered year, the department shall
electronically submit a report to the lieutenant governor, the
speaker of the house of representatives, and the standing
committees of the house and senate with jurisdiction over the
department on the effect of Sections 773.05711 and 773.05712 that
includes:
(1) the total number of applications for emergency
medical services provider licenses submitted to the department and
the number of applications for which licenses were issued or
licenses were denied by the department;
(2) the number of emergency medical services provider
licenses that were suspended or revoked by the department for
violations of those sections and a description of the types of
violations that led to the license suspension or revocation;
(3) the number of occurrences and types of fraud
committed by licensed emergency medical services providers related
to those sections;
(4) the number of complaints made against licensed
emergency medical services providers for violations of those
sections and a description of the types of complaints; and
(5) the status of any coordination efforts of the
department and the Texas Medical Board related to those sections.
SECTION 2. Subchapter C, Chapter 773, Health and Safety
Code, is amended by adding Section 773.06141 to read as follows:
Sec. 773.06141. SUSPENSION, REVOCATION, OR DENIAL OF
EMERGENCY MEDICAL SERVICES PROVIDER LICENSE. The commissioner may
suspend, revoke, or deny an emergency medical services provider
license on the grounds that the provider's administrator of record,
employee, or other representative:
(1) has been convicted of, or placed on deferred
adjudication community supervision or deferred disposition for, an
offense that directly relates to the duties and responsibilities of
the administrator, employee, or representative, other than an
offense for which points are assigned under Section 708.052,
Transportation Code;
(2) has been convicted of or placed on deferred
adjudication community supervision or deferred disposition for an
offense, including:
(A) an offense listed in Sections 3g(a)(1)(A)
through (H), Article 42.12, Code of Criminal Procedure; or
(B) an offense, other than an offense described
by Subdivision (1), for which the person is subject to registration
under Chapter 62, Code of Criminal Procedure; or
(3) has been convicted of Medicare or Medicaid fraud,
has been excluded from participation in the state Medicaid program,
or has a hold on payment for reimbursement under the state Medicaid
program under Subchapter C, Chapter 531, Government Code.
SECTION 3. Notwithstanding Chapter 773, Health and Safety
Code, as amended by this Act, the Department of State Health
Services may not issue any new emergency medical services provider
licenses for the period beginning on September 1, 2013, and ending
on February 28, 2015. The moratorium does not apply to the issuance
of an emergency medical services provider license to a
municipality, county, emergency services district, hospital, or
emergency medical services volunteer provider organization in this
state, or to an emergency medical services provider applicant who
is applying to provide services in response to 9-1-1 calls and is
located in a rural area, as that term is defined in Section
773.0045, Health and Safety Code.
SECTION 4. The change in law made by this Act applies only
to an application for approval or renewal of an emergency medical
services provider license submitted to the Department of State
Health Services on or after the effective date of this Act. An
application submitted before the effective date of this Act is
governed by the law in effect immediately before the effective date
of this Act, and that law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2013.