1 | 1 | | By: Muñoz, Jr. H.B. No. 3558 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | A BILL TO BE ENTITLED |
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5 | 5 | | AN ACT |
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6 | 6 | | relating to provider reimbursement for certain emergency health |
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7 | 7 | | care services. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Section 1271.155, Insurance Code, is amended by |
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10 | 10 | | adding Subsection (g-1) to read as follows: |
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11 | 11 | | (g-1) A health maintenance organization may not, based on a |
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12 | 12 | | patient's final diagnosis, deny or reduce payment on a claim for the |
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13 | 13 | | following services provided in a hospital emergency facility, |
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14 | 14 | | freestanding emergency medical care facility, or comparable |
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15 | 15 | | emergency facility: |
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16 | 16 | | (1) a medical screening examination or related health |
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17 | 17 | | care service that is within the capability of the facility and the |
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18 | 18 | | facility's staff and performed to evaluate the patient's condition; |
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19 | 19 | | and |
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20 | 20 | | (2) further medical treatment: |
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21 | 21 | | (A) necessary to stabilize the patient and to |
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22 | 22 | | ensure, with reasonable medical probability, that no material |
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23 | 23 | | deterioration of the condition is likely to result from or occur |
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24 | 24 | | during the transfer of the patient from the facility; or |
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25 | 25 | | (B) provided with respect to emergency care. |
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26 | 26 | | SECTION 2. Section 1301.0053, Insurance Code, is amended by |
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27 | 27 | | adding Subsection (b-1) to read as follows: |
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28 | 28 | | (b-1) An insurer may not, based on a patient's final |
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29 | 29 | | diagnosis, deny or reduce payment on a claim for the following |
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30 | 30 | | services provided in a hospital emergency facility, freestanding |
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31 | 31 | | emergency medical care facility, or comparable emergency facility: |
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32 | 32 | | (1) a medical screening examination or related health |
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33 | 33 | | care service that is within the capability of the facility and the |
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34 | 34 | | facility's staff and performed to evaluate the patient's condition; |
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35 | 35 | | and |
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36 | 36 | | (2) further medical treatment: |
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37 | 37 | | (A) necessary to stabilize the patient and to |
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38 | 38 | | ensure, with reasonable medical probability, that no material |
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39 | 39 | | deterioration of the condition is likely to result from or occur |
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40 | 40 | | during the transfer of the patient from the facility; or |
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41 | 41 | | (B) provided with respect to emergency care. |
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42 | 42 | | SECTION 3. Section 1301.155, Insurance Code, is amended by |
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43 | 43 | | adding Subsection (d-1) to read as follows: |
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44 | 44 | | (d-1) An insurer may not, based on a patient's final |
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45 | 45 | | diagnosis, deny or reduce payment on a claim for the following |
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46 | 46 | | services provided in a hospital emergency facility, freestanding |
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47 | 47 | | emergency medical care facility, or comparable emergency facility: |
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48 | 48 | | (1) a medical screening examination or related health |
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49 | 49 | | care service that is within the capability of the facility and the |
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50 | 50 | | facility's staff and performed to evaluate the patient's condition; |
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51 | 51 | | and |
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52 | 52 | | (2) further medical treatment: |
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53 | 53 | | (A) necessary to stabilize the patient and to |
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54 | 54 | | assure, with reasonable medical probability, that no material |
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55 | 55 | | deterioration of the condition is likely to result from or occur |
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56 | 56 | | during the transfer of the patient from the facility; or |
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57 | 57 | | (B) provided with respect to emergency care. |
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58 | 58 | | SECTION 4. The changes in law made by this Act apply only to |
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59 | 59 | | a health benefit plan delivered, issued for delivery, or renewed on |
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60 | 60 | | or after January 1, 2022. A health benefit plan delivered, issued |
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61 | 61 | | for delivery, or renewed before January 1, 2022, is governed by the |
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62 | 62 | | law as it existed immediately before the effective date of this Act, |
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63 | 63 | | and that law is continued in effect for that purpose. |
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64 | 64 | | SECTION 5. This Act takes effect September 1, 2021. |
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