| 1 | 1 | | 86R11332 LED-D |
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| 2 | 2 | | By: Turner of Tarrant H.B. No. 3999 |
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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 reimbursement for health care services provided to |
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| 8 | 8 | | certain first responders; creating a civil penalty. |
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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. Subtitle G, Title 4, Health and Safety Code, is |
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| 11 | 11 | | amended by adding Chapter 327 to read as follows: |
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| 12 | 12 | | CHAPTER 327. PROVISION OF HEALTH CARE SERVICES TO FIRST RESPONDERS |
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| 13 | 13 | | Sec. 327.0001. DEFINITIONS. In this chapter: |
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| 14 | 14 | | (1) "First responder" means law enforcement, fire |
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| 15 | 15 | | protection, or emergency medical services personnel who are |
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| 16 | 16 | | employed full-time by this state or a political subdivision of this |
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| 17 | 17 | | state. |
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| 18 | 18 | | (2) "Health care facility" means a hospital, an |
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| 19 | 19 | | outpatient facility, or a clinic. The term does not include a |
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| 20 | 20 | | physician's office. |
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| 21 | 21 | | Sec. 327.0002. APPLICABILITY. This chapter applies to the |
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| 22 | 22 | | health care services provided to: |
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| 23 | 23 | | (1) a first responder; |
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| 24 | 24 | | (2) a retired first responder who is younger than 65 |
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| 25 | 25 | | years of age; and |
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| 26 | 26 | | (3) a qualified dependent of a first responder. |
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| 27 | 27 | | Sec. 327.0003. REIMBURSEMENT RATE FOR HEALTH CARE SERVICES. |
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| 28 | 28 | | A health care facility that provides a health care service to which |
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| 29 | 29 | | this chapter applies must accept as payment in full an amount equal |
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| 30 | 30 | | to the Medicare reimbursement rate for the service provided, |
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| 31 | 31 | | regardless of whether an individual, a health benefit plan issuer, |
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| 32 | 32 | | a third-party administrator, this state, or a political subdivision |
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| 33 | 33 | | of this state is responsible for the claim. |
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| 34 | 34 | | Sec. 327.0004. CIVIL PENALTY. (a) A health care facility |
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| 35 | 35 | | that fails to comply with Section 327.0003 or that refuses to |
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| 36 | 36 | | provide necessary medical treatment to a first responder that the |
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| 37 | 37 | | health care facility is otherwise capable of providing is liable to |
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| 38 | 38 | | the state for a civil penalty of $1,000 for each violation. Each |
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| 39 | 39 | | day of a continuing violation constitutes a separate violation. |
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| 40 | 40 | | (b) The attorney general may sue to collect the penalty. |
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| 41 | 41 | | (c) The attorney general shall file an action under this |
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| 42 | 42 | | section in a district court in Travis County or the county in which |
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| 43 | 43 | | the violation occurred. |
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| 44 | 44 | | (d) The attorney general may recover reasonable expenses |
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| 45 | 45 | | incurred in obtaining injunctive relief or a civil penalty under |
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| 46 | 46 | | this section, including court costs, attorney's fees, |
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| 47 | 47 | | investigative costs, witness fees, and deposition expenses. |
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| 48 | 48 | | SECTION 2. Chapter 327, Health and Safety Code, as added by |
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| 49 | 49 | | this Act, applies only to a service provided by a health care |
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| 50 | 50 | | facility on or after January 1, 2020. A service provided before |
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| 51 | 51 | | January 1, 2020, is governed by the law as it existed immediately |
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| 52 | 52 | | before the effective date of this Act, and that law is continued in |
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| 53 | 53 | | effect for that purpose. |
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| 54 | 54 | | SECTION 3. This Act takes effect September 1, 2019. |
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