H.B. No. 3276
AN ACT
relating to notice of health benefit plan provider network status
provided by certain freestanding emergency medical care
facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 241.252, Health and Safety Code, is
amended by amending Subsection (b) and adding Subsection (e) to
read as follows:
(b) A facility described by Section 241.251 shall post
notice that:
(1) states:
(A) [(1) that] the facility is a freestanding
emergency medical care facility;
(B) [(2) that] the facility charges rates
comparable to a hospital emergency room and may charge a facility
fee;
(C) [(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
(D) [(4) that] a physician providing medical
care at the facility may bill separately from the facility for the
medical care provided to a patient; and
(2) either:
(A) lists the health benefit plans in which the
facility is a participating provider in the health benefit plan's
provider network; or
(B) states the facility is not a participating
provider in any health benefit plan provider network.
(e) Notwithstanding Subsection (c), a facility that is a
participating provider in one or more health benefit plan provider
networks complies with Subsection (b)(2) if the facility:
(1) provides notice on the facility's Internet website
listing the health benefit plans in which the facility is a
participating provider in the health benefit plan's provider
network; and
(2) provides to a patient written confirmation of
whether the facility is a participating provider in the patient's
health benefit plan's provider network.
SECTION 2. Section 254.155, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (d) to
read as follows:
(a) A facility shall post notice that:
(1) states:
(A) [(1) that] the facility is a freestanding
emergency medical care facility;
(B) [(2) that] the facility charges rates
comparable to a hospital emergency room and may charge a facility
fee;
(C) [(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
(D) [(4) that] a physician providing medical
care at the facility may bill separately from the facility for the
medical care provided to a patient; and
(2) either:
(A) lists the health benefit plans in which the
facility is a participating provider in the health benefit plan's
provider network; or
(B) states the facility is not a participating
provider in any health benefit plan provider network.
(d) Notwithstanding Subsection (b), a facility that is a
participating provider in one or more health benefit plan provider
networks complies with Subsection (a)(2) if the facility:
(1) provides notice on the facility's Internet website
listing the health benefit plans in which the facility is a
participating provider in the health benefit plan's provider
network; and
(2) provides to a patient written confirmation of
whether the facility is a participating provider in the patient's
health benefit plan's provider network.
SECTION 3. This Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3276 was passed by the House on May 3,
2017, by the following vote: Yeas 133, Nays 10, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3276 was passed by the Senate on May
18, 2017, by the following vote: Yeas 27, Nays 3.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor