By: Taylor of Galveston S.B. No. 2240
A BILL TO BE ENTITLED
AN ACT
relating to health care information 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 (b-1) to
read as follows:
(b) A facility described by Section 241.251 shall post
notice that states:
(1) that the facility is a freestanding emergency
medical care facility and not an urgent care center;
(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;
(4) any facility fee charged by the facility will be
disclosed at the time of service to a patient upon request; and
(5) either:
(A) that the facility does not participate in a
provider network; or
(B) that the facility participates in a provider
network.
(6) State and federal laws require health plans to
cover emergency services at the in network level of benefits. An
out-of-network provider can bill you for amounts in addition to the
applicable copay, coinsurance and deductible amounts. Depending on
your health benefit plan, you may be responsible for all charges in
excess of your health plan's allowable amount for out-of-network
providers.
SECTION 2. Section 254.155, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) A facility shall post notice that states:
(1) that the facility is a freestanding emergency
medical care facility and not an urgent care center;
(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;
(4) any facility fee charged by the facility will be
disclosed at the time of service to a patient upon request; and
(5) either:
(A) that the facility does not participate in a
provider network; or
(B) that the facility participates in a provider
network.
(6) State and federal laws require health plans to
cover emergency services at the in network level of benefits. An
out-of-network provider can bill you for amounts in addition to the
applicable copay, coinsurance and deductible amounts. Depending on
your health benefit plan, you may be responsible for all charges in
excess of your health plan's allowable amount for out-of-network
providers.
SECTION 3. Notwithstanding Sections 241.252 and 254.155,
Health and Safety Code, as amended by this Act, a freestanding
emergency medical care facility is not required to comply with
those provisions until January 1, 2018.
SECTION 4. This Act takes effect September 1, 2017.