| 1 | 1 | | 87R6108 SRA-D |
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| 2 | 2 | | By: Dean H.B. No. 2797 |
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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 prices charged by freestanding emergency medical care |
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| 8 | 8 | | facilities during a declared state of disaster; providing |
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| 9 | 9 | | administrative penalties. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter D, Chapter 254, Health and Safety |
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| 12 | 12 | | Code, is amended by adding Section 254.1555 to read as follows: |
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| 13 | 13 | | Sec. 254.1555. DISCLOSURE OF CERTAIN PRICES DURING DECLARED |
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| 14 | 14 | | DISASTER. A facility that provides testing or vaccination for an |
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| 15 | 15 | | infectious disease based on a state of disaster declared under |
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| 16 | 16 | | Chapter 418, Government Code, shall disclose the price the facility |
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| 17 | 17 | | charges for the test or vaccine: |
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| 18 | 18 | | (1) verbally, in an audible and intelligible manner, |
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| 19 | 19 | | to an individual before the facility provides the test or vaccine; |
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| 20 | 20 | | and |
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| 21 | 21 | | (2) on the facility's Internet website. |
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| 22 | 22 | | SECTION 2. Subchapter D, Chapter 254, Health and Safety |
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| 23 | 23 | | Code, is amended by adding Section 254.160 to read as follows: |
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| 24 | 24 | | Sec. 254.160. PROHIBITED PRICING PRACTICES DURING DECLARED |
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| 25 | 25 | | STATE OF DISASTER. (a) In this section, "unconscionable price" |
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| 26 | 26 | | means a price that is more than 200 percent of the average price for |
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| 27 | 27 | | the same or a substantially similar product or service provided to |
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| 28 | 28 | | other individuals by health care facilities located in the same |
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| 29 | 29 | | county or nearest county to the county in which the freestanding |
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| 30 | 30 | | emergency medical care facility is located, as applicable, |
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| 31 | 31 | | according to data collected by the department under Chapter 108. |
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| 32 | 32 | | (b) A facility, during a state of disaster declared by the |
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| 33 | 33 | | governor under Chapter 418, Government Code, may not: |
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| 34 | 34 | | (1) charge an individual an unconscionable price for a |
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| 35 | 35 | | product or service provided at the facility; or |
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| 36 | 36 | | (2) knowingly or intentionally charge a third-party |
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| 37 | 37 | | payor, including a health benefit plan insurer, a price higher than |
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| 38 | 38 | | the price charged to an individual for the same product or service |
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| 39 | 39 | | based on the payor's liability for payment or partial payment of the |
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| 40 | 40 | | product or service. |
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| 41 | 41 | | SECTION 3. Subchapter E, Chapter 254, Health and Safety |
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| 42 | 42 | | Code, is amended by adding Section 254.207 to read as follows: |
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| 43 | 43 | | Sec. 254.207. MANDATORY ENFORCEMENT. Notwithstanding any |
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| 44 | 44 | | conflicting provision in this subchapter and except for good cause |
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| 45 | 45 | | shown, the Health and Human Services Commission shall impose the |
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| 46 | 46 | | following on a person licensed under this chapter who violates |
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| 47 | 47 | | Section 254.160 or a rule adopted under that section: |
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| 48 | 48 | | (1) for the first violation, an administrative penalty |
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| 49 | 49 | | in an amount equal to $10,000; |
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| 50 | 50 | | (2) for the second violation: |
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| 51 | 51 | | (A) an administrative penalty in an amount equal |
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| 52 | 52 | | to $50,000; and |
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| 53 | 53 | | (B) a suspension of the person's license for 30 |
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| 54 | 54 | | days; and |
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| 55 | 55 | | (3) for the third violation, a permanent revocation of |
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| 56 | 56 | | the person's license. |
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| 57 | 57 | | SECTION 4. This Act takes effect September 1, 2021. |
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