Texas 2021 - 87th Regular

Texas House Bill HB3558 Compare Versions

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11 By: Muñoz, Jr. H.B. No. 3558
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44 A BILL TO BE ENTITLED
55 AN ACT
66 relating to provider reimbursement for certain emergency health
77 care services.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Section 1271.155, Insurance Code, is amended by
1010 adding Subsection (g-1) to read as follows:
1111 (g-1) A health maintenance organization may not, based on a
1212 patient's final diagnosis, deny or reduce payment on a claim for the
1313 following services provided in a hospital emergency facility,
1414 freestanding emergency medical care facility, or comparable
1515 emergency facility:
1616 (1) a medical screening examination or related health
1717 care service that is within the capability of the facility and the
1818 facility's staff and performed to evaluate the patient's condition;
1919 and
2020 (2) further medical treatment:
2121 (A) necessary to stabilize the patient and to
2222 ensure, with reasonable medical probability, that no material
2323 deterioration of the condition is likely to result from or occur
2424 during the transfer of the patient from the facility; or
2525 (B) provided with respect to emergency care.
2626 SECTION 2. Section 1301.0053, Insurance Code, is amended by
2727 adding Subsection (b-1) to read as follows:
2828 (b-1) An insurer may not, based on a patient's final
2929 diagnosis, deny or reduce payment on a claim for the following
3030 services provided in a hospital emergency facility, freestanding
3131 emergency medical care facility, or comparable emergency facility:
3232 (1) a medical screening examination or related health
3333 care service that is within the capability of the facility and the
3434 facility's staff and performed to evaluate the patient's condition;
3535 and
3636 (2) further medical treatment:
3737 (A) necessary to stabilize the patient and to
3838 ensure, with reasonable medical probability, that no material
3939 deterioration of the condition is likely to result from or occur
4040 during the transfer of the patient from the facility; or
4141 (B) provided with respect to emergency care.
4242 SECTION 3. Section 1301.155, Insurance Code, is amended by
4343 adding Subsection (d-1) to read as follows:
4444 (d-1) An insurer may not, based on a patient's final
4545 diagnosis, deny or reduce payment on a claim for the following
4646 services provided in a hospital emergency facility, freestanding
4747 emergency medical care facility, or comparable emergency facility:
4848 (1) a medical screening examination or related health
4949 care service that is within the capability of the facility and the
5050 facility's staff and performed to evaluate the patient's condition;
5151 and
5252 (2) further medical treatment:
5353 (A) necessary to stabilize the patient and to
5454 assure, with reasonable medical probability, that no material
5555 deterioration of the condition is likely to result from or occur
5656 during the transfer of the patient from the facility; or
5757 (B) provided with respect to emergency care.
5858 SECTION 4. The changes in law made by this Act apply only to
5959 a health benefit plan delivered, issued for delivery, or renewed on
6060 or after January 1, 2022. A health benefit plan delivered, issued
6161 for delivery, or renewed before January 1, 2022, is governed by the
6262 law as it existed immediately before the effective date of this Act,
6363 and that law is continued in effect for that purpose.
6464 SECTION 5. This Act takes effect September 1, 2021.