| 1 | 1 | | 85R13013 CLG-F |
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| 2 | 2 | | By: Smithee H.B. No. 3867 |
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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 unconscionable prices charged by certain health care |
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| 8 | 8 | | facilities for medical care. |
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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. Subchapter E, Chapter 17, Business & Commerce |
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| 11 | 11 | | Code, is amended by adding Section 17.463 to read as follows: |
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| 12 | 12 | | Sec. 17.463. UNCONSCIONABLE PRICE FOR CARE AT EMERGENCY |
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| 13 | 13 | | FACILITY. (a) In this section: |
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| 14 | 14 | | (1) "Emergency care" means health care services |
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| 15 | 15 | | provided in an emergency facility to evaluate and stabilize medical |
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| 16 | 16 | | conditions of a recent onset and severity, including severe pain, |
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| 17 | 17 | | that would lead a prudent layperson possessing an average knowledge |
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| 18 | 18 | | of medicine and health to believe that the individual's condition, |
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| 19 | 19 | | sickness, or injury is of such a nature that failure to get |
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| 20 | 20 | | immediate medical care could: |
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| 21 | 21 | | (A) place the individual's health in serious |
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| 22 | 22 | | jeopardy; |
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| 23 | 23 | | (B) result in serious impairment to bodily |
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| 24 | 24 | | functions; |
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| 25 | 25 | | (C) result in serious dysfunction of a bodily |
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| 26 | 26 | | organ or part; |
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| 27 | 27 | | (D) result in serious disfigurement; or |
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| 28 | 28 | | (E) for a pregnant woman, result in serious |
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| 29 | 29 | | jeopardy to the health of the fetus. |
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| 30 | 30 | | (2) "Emergency facility" means a hospital emergency |
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| 31 | 31 | | room, freestanding emergency medical care facility, or comparable |
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| 32 | 32 | | facility providing emergency care. |
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| 33 | 33 | | (b) For purposes of Section 17.46(a), the term "false, |
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| 34 | 34 | | misleading, or deceptive acts or practices" includes an emergency |
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| 35 | 35 | | facility taking advantage of an individual's medical condition by: |
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| 36 | 36 | | (1) providing emergency care at an unconscionable |
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| 37 | 37 | | price; or |
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| 38 | 38 | | (2) demanding or charging an unconscionable price for |
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| 39 | 39 | | or in connection with emergency care or other care at the facility. |
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| 40 | 40 | | (c) The consumer protection division may not bring an action |
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| 41 | 41 | | under Section 17.47 for an act or practice described by Subsection |
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| 42 | 42 | | (b) if the price alleged to be unconscionable is less than 150 |
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| 43 | 43 | | percent of the average charge for the same or substantially similar |
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| 44 | 44 | | care provided to other individuals by a hospital emergency room |
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| 45 | 45 | | according to data collected by the Department of State Health |
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| 46 | 46 | | Services under Chapter 108, Health and Safety Code, and made |
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| 47 | 47 | | available to the division, except as provided by Subsection (d). |
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| 48 | 48 | | (d) If the attorney general determines that the consumer |
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| 49 | 49 | | protection division is unable to obtain the charge data described |
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| 50 | 50 | | by Subsection (c), the attorney general may adopt rules designating |
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| 51 | 51 | | another source of hospital charge data for use by the division in |
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| 52 | 52 | | establishing the average charge for emergency or other care |
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| 53 | 53 | | provided by hospital emergency rooms for purposes of Subsection |
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| 54 | 54 | | (c). |
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| 55 | 55 | | (e) In an action brought under Section 17.47 to enforce this |
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| 56 | 56 | | section, the consumer protection division may request, and the |
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| 57 | 57 | | trier of fact may award the recovery of: |
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| 58 | 58 | | (1) reasonable attorney's fees and court costs; and |
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| 59 | 59 | | (2) the reasonable expenses incurred by the division |
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| 60 | 60 | | in obtaining any remedy available under Section 17.47, including |
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| 61 | 61 | | the cost of investigation, witness fees, and deposition expenses. |
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| 62 | 62 | | (f) This section does not create a private cause of action |
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| 63 | 63 | | for a false, misleading, or deceptive act or practice described by |
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| 64 | 64 | | Subsection (b). |
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| 65 | 65 | | SECTION 2. This Act takes effect September 1, 2017. |
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