By: Taylor of Galveston S.B. No. 2240
(In the Senate - Filed March 10, 2017; March 29, 2017, read
first time and referred to Committee on Business & Commerce;
April 24, 2017, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 24, 2017,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 2240 By: Taylor of Galveston
A BILL TO BE ENTITLED
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 Subsections (e) and
(f) 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.
(f) A facility described by Section 241.251 may not include
in any of the facility's signage or marketing materials the logo or
name of any insurer, health maintenance organization, health
benefit plan, or health benefit plan network in which the facility
does not participate.
SECTION 2. Section 254.155, Health and Safety Code, is
amended by amending Subsection (a) and adding Subsections (d) and
(e) 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.
(e) A facility may not include in any of the facility's
signage or marketing materials the logo or name of any insurer,
health maintenance organization, health benefit plan, or health
benefit plan network in which the facility does not participate.
SECTION 3. This Act takes effect September 1, 2017.
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