By: Schwertner, et al. S.B. No. 425
(Bonnen of Galveston)
A BILL TO BE ENTITLED
AN ACT
relating to health care information provided by and notice of
facility fees charged by certain freestanding emergency medical
care facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 241, Health and Safety Code, is amended
by adding Subchapter J to read as follows:
SUBCHAPTER J. NOTICE OF FACILITY FEES IN CERTAIN FREESTANDING
EMERGENCY MEDICAL CARE FACILITIES
Sec. 241.251. APPLICABILITY. This subchapter applies only
to a freestanding emergency medical care facility, as that term is
defined by Section 254.001, that is exempt from the licensing
requirements of Chapter 254 under Section 254.052(8).
Sec. 241.252. NOTICE OF FEES. (a) In this section,
"provider network" has the meaning assigned by Section 1456.001,
Insurance Code.
(b) A facility described by Section 241.251 shall post
notice that states:
(1) that the facility is a freestanding emergency
medical care facility;
(2) that the facility charges rates comparable to a
hospital emergency room and may charge a facility fee;
(3) that a facility or a physician providing medical
care at the facility may not be a participating provider in the
patient's health benefit plan provider network; and
(4) that a physician providing medical care at the
facility may bill separately from the facility for the medical care
provided to a patient.
(c) The notice required by this section must be posted
prominently and conspicuously:
(1) at the primary entrance to the facility;
(2) in each patient treatment room; and
(3) at each location within the facility at which a
person pays for health care services.
(d) The notice required by this section must be in legible
print on a sign with dimensions of at least 8.5 inches by 11 inches.
SECTION 2. Section 254.001, Health and Safety Code, is
amended by adding Subdivision (6) to read as follows:
(6) "Provider network" has the meaning assigned by
Section 1456.001, Insurance Code.
SECTION 3. Subchapter D, Chapter 254, Health and Safety
Code, is amended by adding Section 254.155 to read as follows:
Sec. 254.155. NOTICE OF FEES. (a) A facility shall post
notice that states:
(1) that the facility is a freestanding emergency
medical care facility;
(2) that the facility charges rates comparable to a
hospital emergency room and may charge a facility fee;
(3) that a facility or a physician providing medical
care at the facility may not be a participating provider in the
patient's health benefit plan provider network; and
(4) that a physician providing medical care at the
facility may bill separately from the facility for the medical care
provided to a patient.
(b) The notice required by this section must be posted
prominently and conspicuously:
(1) at the primary entrance to the facility;
(2) in each patient treatment room; and
(3) at each location within the facility at which a
person pays for health care services.
(c) The notice required by this section must be in legible
print on a sign with dimensions of at least 8.5 inches by 11 inches.
SECTION 4. Section 324.001(7), Health and Safety Code, is
amended to read as follows:
(7) "Facility" means:
(A) an ambulatory surgical center licensed under
Chapter 243;
(B) a birthing center licensed under Chapter 244;
[or]
(C) a hospital licensed under Chapter 241; or
(D) a freestanding emergency medical care
facility, as defined in Section 254.001, including a freestanding
emergency medical care facility that is exempt from the licensing
requirements of Chapter 254 under Section 254.052(8).
SECTION 5. Section 241.183, Health and Safety Code, as
added by Chapter 917 (H.B. 1376), Acts of the 83rd Legislature,
Regular Session, 2013, and as amended by S.B. 219, Acts of the 84th
Legislature, Regular Session, 2015, is repealed.
SECTION 6. (a) Notwithstanding Subchapter J, Chapter 241,
Health and Safety Code, and Section 254.155, Health and Safety
Code, as added by this Act, a freestanding emergency medical care
facility is not required to comply with those provisions until
January 1, 2016.
(b) Notwithstanding Chapter 324, Health and Safety Code, as
amended by this Act, a freestanding emergency medical care facility
is not required to comply with Chapter 324, Health and Safety Code,
until January 1, 2016.
SECTION 7. This Act takes effect September 1, 2015.