87R8987 SRA-D
By: Menéndez S.B. No. 2038
A BILL TO BE ENTITLED
AN ACT
relating to fees and prices charged by freestanding emergency
medical care facilities; providing administrative penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 254, Health and Safety
Code, is amended by adding Section 254.1555 to read as follows:
Sec. 254.1555. CERTAIN FEES PROHIBITED. A facility that
provides a health care service, including testing and vaccination,
to an individual accessing the service from the individual's
vehicle may only charge the individual or a third-party payor a fee
for administering the provided service and any related laboratory
fees. The facility may not charge the individual or payor any
additional fees, including a facility fee, observation fee, or
provider fee.
SECTION 2. Subchapter D, Chapter 254, Health and Safety
Code, is amended by adding Section 254.160 to read as follows:
Sec. 254.160. PROHIBITED PRICING PRACTICES DURING DECLARED
STATE OF DISASTER. (a) In this section, "unconscionable price"
means a price that is more than 200 percent of the average price for
the same or a substantially similar product or service provided to
other individuals by health care facilities located in the same
county or nearest county to the county in which the freestanding
emergency medical care facility is located, as applicable,
according to data collected by the department under Chapter 108.
(b) A facility, during a state of disaster declared under
Chapter 418, Government Code, may not:
(1) charge an individual an unconscionable price for a
product or service provided at the facility; or
(2) knowingly or intentionally charge a third-party
payor, including a health benefit plan insurer, a price higher than
the price charged to an individual for the same product or service
based on the payor's liability for payment or partial payment of the
product or service.
SECTION 3. Subchapter E, Chapter 254, Health and Safety
Code, is amended by adding Section 254.207 to read as follows:
Sec. 254.207. MANDATORY ENFORCEMENT. Notwithstanding any
conflicting provision in this subchapter and except for good cause
shown, the Health and Human Services Commission shall impose the
following on a person licensed under this chapter who violates
Section 254.160 or a rule adopted under that section:
(1) for the first violation, an administrative penalty
in an amount equal to $10,000;
(2) for the second violation:
(A) an administrative penalty in an amount equal
to $50,000; and
(B) a suspension of the person's license for 30
days; and
(3) for the third violation, a permanent revocation of
the person's license.
SECTION 4. This Act takes effect September 1, 2021.