1 | 1 | | 84R2307 LED-F |
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2 | 2 | | By: Smithee H.B. No. 3133 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to notice and availability of mediation for balance |
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8 | 8 | | billing by a facility-based physician. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 324.001(8), Health and Safety Code, is |
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11 | 11 | | amended to read as follows: |
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12 | 12 | | (8) "Facility-based physician" means a radiologist, |
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13 | 13 | | an anesthesiologist, a pathologist, an emergency department |
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14 | 14 | | physician, [or] a neonatologist, or an assistant surgeon. |
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15 | 15 | | SECTION 2. Section 1456.001(3), Insurance Code, is amended |
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16 | 16 | | to read as follows: |
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17 | 17 | | (3) "Facility-based physician" means a radiologist, |
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18 | 18 | | an anesthesiologist, a pathologist, an emergency department |
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19 | 19 | | physician, [or] a neonatologist, or an assistant surgeon: |
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20 | 20 | | (A) to whom the facility has granted clinical |
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21 | 21 | | privileges; and |
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22 | 22 | | (B) who provides services to patients of the |
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23 | 23 | | facility under those clinical privileges. |
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24 | 24 | | SECTION 3. Section 1456.004(c), Insurance Code, is amended |
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25 | 25 | | to read as follows: |
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26 | 26 | | (c) A facility-based physician who bills a patient covered |
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27 | 27 | | by a preferred provider benefit plan or a health benefit plan under |
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28 | 28 | | Chapter 1551 that does not have a contract with the facility-based |
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29 | 29 | | physician shall send a billing statement to the patient that |
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30 | 30 | | contains a conspicuous, plain-language explanation [with |
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31 | 31 | | information sufficient to notify the patient] of the mandatory |
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32 | 32 | | mediation process available under Chapter 1467 if [the amount for |
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33 | 33 | | which] the enrollee is responsible to the physician, after |
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34 | 34 | | copayments, deductibles, and coinsurance, for an [including the] |
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35 | 35 | | amount unpaid by the administrator or insurer [, is greater than |
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36 | 36 | | $1,000]. |
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37 | 37 | | SECTION 4. Section 1467.001(4), Insurance Code, is amended |
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38 | 38 | | to read as follows: |
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39 | 39 | | (4) "Facility-based physician" means a radiologist, |
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40 | 40 | | an anesthesiologist, a pathologist, an emergency department |
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41 | 41 | | physician, [or] a neonatologist, or an assistant surgeon: |
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42 | 42 | | (A) to whom the facility has granted clinical |
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43 | 43 | | privileges; and |
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44 | 44 | | (B) who provides services to patients of the |
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45 | 45 | | facility under those clinical privileges. |
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46 | 46 | | SECTION 5. Section 1467.051(a), Insurance Code, is amended |
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47 | 47 | | to read as follows: |
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48 | 48 | | (a) An enrollee may request mediation of a settlement of an |
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49 | 49 | | out-of-network health benefit claim if: |
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50 | 50 | | (1) [the amount for which] the enrollee is responsible |
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51 | 51 | | to a facility-based physician, after copayments, deductibles, and |
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52 | 52 | | coinsurance, for an [including the] amount unpaid by the |
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53 | 53 | | administrator or insurer[, is greater than $1,000]; and |
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54 | 54 | | (2) the health benefit claim is for a medical service |
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55 | 55 | | or supply provided by a facility-based physician in a hospital that |
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56 | 56 | | is a preferred provider or that has a contract with the |
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57 | 57 | | administrator. |
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58 | 58 | | SECTION 6. Sections 1456.004(c) and 1467.051(a), Insurance |
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59 | 59 | | Code, as amended by this Act, apply only to charges for a medical |
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60 | 60 | | service or supply provided on or after the effective date of this |
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61 | 61 | | Act. Charges for a medical service or supply provided before the |
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62 | 62 | | effective date of this Act are governed by the law as it existed |
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63 | 63 | | immediately before the effective date of this Act, and that law is |
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64 | 64 | | continued in effect for that purpose. |
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65 | 65 | | SECTION 7. This Act takes effect September 1, 2015. |
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