1 | 1 | | 84R21369 LED-D |
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2 | 2 | | By: Bonnen of Galveston H.B. No. 3475 |
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3 | 3 | | Substitute the following for H.B. No. 3475: |
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4 | 4 | | By: Crownover C.S.H.B. No. 3475 |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to health care information provided by and notice of |
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10 | 10 | | facility fees charged by certain freestanding emergency medical |
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11 | 11 | | care facilities. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Chapter 241, Health and Safety Code, is amended |
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14 | 14 | | by adding Subchapter J to read as follows: |
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15 | 15 | | SUBCHAPTER J. NOTICE OF FACILITY FEES IN CERTAIN FREESTANDING |
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16 | 16 | | EMERGENCY MEDICAL CARE FACILITIES |
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17 | 17 | | Sec. 241.251. APPLICABILITY. This subchapter applies only |
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18 | 18 | | to a freestanding emergency medical care facility, as that term is |
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19 | 19 | | defined by Section 254.001, that is exempt from the licensing |
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20 | 20 | | requirements of Chapter 254 under Section 254.052(8). |
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21 | 21 | | Sec. 241.252. NOTICE OF FEES. (a) In this section, |
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22 | 22 | | "provider network" has the meaning assigned by Section 1456.001, |
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23 | 23 | | Insurance Code. |
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24 | 24 | | (b) A facility described by Section 241.251 shall post |
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25 | 25 | | notice that states: |
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26 | 26 | | (1) that the facility is a freestanding emergency |
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27 | 27 | | medical care facility; |
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28 | 28 | | (2) that the facility charges rates comparable to a |
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29 | 29 | | hospital emergency room and may charge a facility fee; |
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30 | 30 | | (3) that a facility or a physician providing medical |
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31 | 31 | | care at the facility may not be a participating provider in the |
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32 | 32 | | patient's health benefit plan provider network; and |
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33 | 33 | | (4) that a physician providing medical care at the |
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34 | 34 | | facility may bill separately from the facility for the medical care |
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35 | 35 | | provided to a patient. |
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36 | 36 | | (c) The notice required by this section must be posted |
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37 | 37 | | prominently and conspicuously: |
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38 | 38 | | (1) at the primary entrance to the facility; |
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39 | 39 | | (2) in each patient treatment room; and |
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40 | 40 | | (3) at each location within the facility at which a |
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41 | 41 | | person pays for health care services. |
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42 | 42 | | (d) The notice required by this section must be in legible |
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43 | 43 | | print on a sign with dimensions of at least 8.5 inches by 11 inches. |
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44 | 44 | | SECTION 2. Section 254.001, Health and Safety Code, is |
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45 | 45 | | amended by adding Subdivision (6) to read as follows: |
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46 | 46 | | (6) "Provider network" has the meaning assigned by |
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47 | 47 | | Section 1456.001, Insurance Code. |
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48 | 48 | | SECTION 3. Subchapter D, Chapter 254, Health and Safety |
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49 | 49 | | Code, is amended by adding Section 254.155 to read as follows: |
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50 | 50 | | Sec. 254.155. NOTICE OF FEES. (a) A facility shall post |
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51 | 51 | | notice that states: |
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52 | 52 | | (1) that the facility is a freestanding emergency |
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53 | 53 | | medical care facility; |
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54 | 54 | | (2) that the facility charges rates comparable to a |
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55 | 55 | | hospital emergency room and may charge a facility fee; |
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56 | 56 | | (3) that a facility or a physician providing medical |
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57 | 57 | | care at the facility may not be a participating provider in the |
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58 | 58 | | patient's health benefit plan provider network; and |
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59 | 59 | | (4) that a physician providing medical care at the |
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60 | 60 | | facility may bill separately from the facility for the medical care |
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61 | 61 | | provided to a patient. |
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62 | 62 | | (b) The notice required by this section must be posted |
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63 | 63 | | prominently and conspicuously: |
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64 | 64 | | (1) at the primary entrance to the facility; |
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65 | 65 | | (2) in each patient treatment room; and |
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66 | 66 | | (3) at each location within the facility at which a |
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67 | 67 | | person pays for health care services. |
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68 | 68 | | (c) The notice required by this section must be in legible |
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69 | 69 | | print on a sign with dimensions of at least 8.5 inches by 11 inches. |
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70 | 70 | | SECTION 4. Section 324.001(7), Health and Safety Code, is |
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71 | 71 | | amended to read as follows: |
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72 | 72 | | (7) "Facility" means: |
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73 | 73 | | (A) an ambulatory surgical center licensed under |
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74 | 74 | | Chapter 243; |
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75 | 75 | | (B) a birthing center licensed under Chapter 244; |
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76 | 76 | | [or] |
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77 | 77 | | (C) a hospital licensed under Chapter 241; or |
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78 | 78 | | (D) a freestanding emergency medical care |
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79 | 79 | | facility, as defined in Section 254.001, including a freestanding |
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80 | 80 | | emergency medical care facility that is exempt from the licensing |
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81 | 81 | | requirements of Chapter 254 under Section 254.052(8). |
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82 | 82 | | SECTION 5. Section 241.183, Health and Safety Code, as |
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83 | 83 | | added by Chapter 917 (H.B. 1376), Acts of the 83rd Legislature, |
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84 | 84 | | Regular Session, 2013, and as amended by S.B. No. 219, Acts of the |
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85 | 85 | | 84th Legislature, Regular Session, 2015, is repealed. |
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86 | 86 | | SECTION 6. (a) Notwithstanding Subchapter J, Chapter 241, |
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87 | 87 | | Health and Safety Code, and Section 254.155, Health and Safety |
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88 | 88 | | Code, as added by this Act, a freestanding emergency medical care |
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89 | 89 | | facility is not required to comply with those provisions until |
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90 | 90 | | January 1, 2016. |
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91 | 91 | | (b) Notwithstanding Chapter 324, Health and Safety Code, as |
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92 | 92 | | amended by this Act, a freestanding emergency medical care facility |
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93 | 93 | | is not required to comply with Chapter 324, Health and Safety Code, |
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94 | 94 | | until January 1, 2016. |
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95 | 95 | | SECTION 7. This Act takes effect September 1, 2015. |
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