Texas 2021 - 87th Regular

Texas Senate Bill SB2038 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2038
	1	+	87R21854 SRA-D
	2	+	By: Menéndez, et al. S.B. No. 2038
	3	+	(Dean, Oliverson, Guillen)
	4	+	Substitute the following for S.B. No. 2038: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to prices and fees charged by certain freestanding
6		-	emergency medical care facilities, including prices and fees
7		-	charged during a declared state of disaster; providing
8		-	administrative penalties.
	10	+	emergency medical care facilities during a declared state of
	11	+	disaster; providing administrative penalties.
9	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	13		SECTION 1. Chapter 241, Health and Safety Code, is amended
11	14		by adding Subchapter I-1 to read as follows:
12		-	SUBCHAPTER I-1. PRICES AND FEES CHARGED BY FREESTANDING EMERGENCY
13		-	MEDICAL CARE FACILITIES ASSOCIATED WITH CERTAIN HOSPITALS
	15	+	SUBCHAPTER I-1. PRICES AND FEES CHARGED DURING DISASTER BY
	16	+	FREESTANDING EMERGENCY MEDICAL CARE FACILITIES ASSOCIATED WITH
	17	+	CERTAIN HOSPITALS
14	18		Sec. 241.221. APPLICABILITY. (a) This subchapter applies
15	19		only to a freestanding emergency medical care facility, as that
16	20		term is defined by Section 254.001, that is:
17	21		(1) exempt from the licensing requirements of Chapter
18	22		254 under Section 254.052(5), (7), or (8); and
19	23		(2) associated with a hospital licensed under this
20	24		chapter that does not meet the conditions of participation for
21	25		certification under Title XVIII of the Social Security Act (42
22	26		U.S.C. Section 1395 et seq.).
23	27		(b) This subchapter does not apply to a freestanding
24	28		emergency medical care facility associated with a hospital licensed
25	29		under this chapter that:
26	30		(1) has been operating as a hospital for less than one
27	31		year;
28	32		(2) has submitted an application to a federally
29	33		recognized accreditation program for certification under Title
30	34		XVIII of the Social Security Act (42 U.S.C. Section 1395 et seq.);
31	35		and
32	36		(3) has not failed an accreditation for certification.
33		-	Sec. 241.222. CERTAIN FEES PROHIBITED. (a) A facility
34		-	described by Section 241.221 that provides a health care service,
35		-	including testing or vaccination, to an individual accessing the
36		-	service from the individual's vehicle may not charge the individual
37		-	or a third-party payor a facility or observation fee.
	37	+	Sec. 241.222. DISCLOSURE OF CERTAIN PRICES AND FEES DURING
	38	+	DECLARED DISASTER; CONSTRUCTION. (a) A facility described by
	39	+	Section 241.221 that provides testing or vaccination for an
	40	+	infectious disease based on a state of disaster declared under
	41	+	Chapter 418, Government Code, shall disclose to each patient the
	42	+	prices the facility charges for the test or vaccine and any facility
	43	+	fees, supply costs, and other costs associated with the test or
	44	+	vaccine in accordance with the disclosure requirements described by
	45	+	Section 254.156, as added by Chapter 1093 (H.B. 2041), Acts of the
	46	+	86th Legislature, Regular Session, 2019.
38	47		(b) This section may not be construed as expanding the type
39	48		of health care services a facility described by Section 241.221 is
40	49		authorized to provide.
41		-	Sec. 241.223. DISCLOSURE OF CERTAIN PRICES AND FEES DURING
42		-	DECLARED DISASTER; CONSTRUCTION. (a) A facility described by
43		-	Section 241.221 that provides testing or vaccination for an
44		-	infectious disease for which a state of disaster has been declared
45		-	under Chapter 418, Government Code, shall disclose to each patient
46		-	the prices the facility charges for the test or vaccine and any
47		-	facility fees, supply costs, and other costs associated with the
48		-	test or vaccine in accordance with the disclosure requirements
49		-	described by Section 254.156, as added by Chapter 1093 (H.B. 2041),
50		-	Acts of the 86th Legislature, Regular Session, 2019.
51		-	(b) This section may not be construed as expanding the type
52		-	of health care services a facility described by Section 241.221 is
53		-	authorized to provide.
54		-	Sec. 241.224. PROHIBITED PRICING PRACTICES DURING DECLARED
	50	+	Sec. 241.223. PROHIBITED PRICING PRACTICES DURING DECLARED
55	51		STATE OF DISASTER. (a) In this section, "unconscionable price"
56	52		means a price that is more than 200 percent of the average price for
57	53		the same or a substantially similar product or service provided to
58	54		other individuals by health care facilities located in the same
59	55		county or nearest county to the county in which the facility
60	56		described by Section 241.221 is located, as applicable, according
61	57		to data collected by the department under Chapter 108.
62	58		(b) During a state of disaster declared by the governor
63	59		under Chapter 418, Government Code, a facility described by Section
64	60		241.221 may not:
65	61		(1) charge an individual an unconscionable price for a
66	62		product or service provided at the facility; or
67	63		(2) knowingly or intentionally charge a third-party
68	64		payor, including a health benefit plan insurer, a price higher than
69	65		the price charged to an individual for the same product or service
70	66		based on the payor's liability for payment or partial payment of the
71	67		product or service.
72	68		(c) Subsection (b)(2) does not prohibit a facility
73	69		described by Section 241.221 from:
74	70		(1) offering an uninsured individual a cash discount
75	71		for a particular product or service; or
76	72		(2) accepting directly from an individual full payment
77	73		for a health care product or service in lieu of submitting a claim
78	74		to the individual's health benefit plan.
79		-	Sec. 241.~~225~~. ENFORCEMENT. Notwithstanding any
	75	+	Sec. 241.224. ENFORCEMENT. Notwithstanding any
80	76		conflicting provision in this subchapter and except for good cause
81	77		shown, the commission shall impose the following penalty on a
82		-	person licensed under this chapter who violates Section 241.~~224~~ or
	78	+	person licensed under this chapter who violates Section 241.223 or
83	79		a rule adopted under that section:
84	80		(1) for the first violation, an administrative penalty
85	81		in an amount equal to $10,000;
86	82		(2) for the second violation:
87	83		(A) an administrative penalty in an amount equal
88	84		to $50,000; and
89	85		(B) a suspension of the person's license for 30
90	86		days; and
91	87		(3) for the third violation, a permanent revocation of
92	88		the person's license.
93	89		SECTION 2. Subchapter D, Chapter 254, Health and Safety
94		-	Code, is amended by adding Sections 254.1555 and 254.1556 to read as
95		-	follows:
96		-	Sec. 254.1555. CERTAIN FEES PROHIBITED. (a) A facility
97		-	that provides a health care service, including testing or
98		-	vaccination, to an individual accessing the service from the
99		-	individual's vehicle may not charge the individual or a third-party
100		-	payor a facility or observation fee.
101		-	(b) This section may not be construed as expanding the type
102		-	of health care services a facility is authorized to provide under
103		-	this chapter.
104		-	Sec. 254.1556. DISCLOSURE OF CERTAIN PRICES AND FEES DURING
	90	+	Code, is amended by adding Section 254.1555 to read as follows:
	91	+	Sec. 254.1555. DISCLOSURE OF CERTAIN PRICES AND FEES DURING
105	92		DECLARED DISASTER; CONSTRUCTION. (a) A facility that provides
106		-	testing or vaccination for an infectious disease for which a state
107		-	of disaster has been declared under Chapter 418, Government Code,
108		-	shall disclose the price the facility charges for the test or
109		-	vaccine and any facility fees, supply costs, and other costs
110		-	associated with the test or vaccine in accordance with the
111		-	disclosure requirements described by Section 254.156, as added by
112		-	Chapter 1093 (H.B. 2041), Acts of the 86th Legislature, Regular
113		-	Session, 2019.
	93	+	testing or vaccination for an infectious disease based on a state of
	94	+	disaster declared under Chapter 418, Government Code, shall
	95	+	disclose the price the facility charges for the test or vaccine and
	96	+	any facility fees, supply costs, and other costs associated with
	97	+	the test or vaccine in accordance with the disclosure requirements
	98	+	described by Section 254.156, as added by Chapter 1093 (H.B. 2041),
	99	+	Acts of the 86th Legislature, Regular Session, 2019.
114	100		(b) This section may not be construed as expanding the type
115	101		of health care services a facility is authorized to provide under
116	102		this chapter.
117	103		SECTION 3. Subchapter D, Chapter 254, Health and Safety
118	104		Code, is amended by adding Section 254.160 to read as follows:
119	105		Sec. 254.160. PROHIBITED PRICING PRACTICES DURING DECLARED
120	106		STATE OF DISASTER. (a) In this section, "unconscionable price"
121	107		means a price that is more than 200 percent of the average price for
122	108		the same or a substantially similar product or service provided to
123	109		other individuals by health care facilities located in the same
124	110		county or nearest county to the county in which the freestanding
125	111		emergency medical care facility is located, as applicable,
126	112		according to data collected by the department under Chapter 108.
127	113		(b) During a state of disaster declared by the governor
128	114		under Chapter 418, Government Code, a facility may not:
129	115		(1) charge an individual an unconscionable price for a
130	116		product or service provided at the facility; or
131	117		(2) knowingly or intentionally charge a third-party
132	118		payor, including a health benefit plan insurer, a price higher than
133	119		the price charged to an individual for the same product or service
134	120		based on the payor's liability for payment or partial payment of the
135	121		product or service.
136	122		(c) Subsection (b)(2) does not prohibit a facility from:
137	123		(1) offering an uninsured individual a cash discount
138	124		for a particular product or service; or
139	125		(2) accepting directly from an individual full payment
140	126		for a health care product or service in lieu of submitting a claim
141	127		to the individual's health benefit plan.
142	128		SECTION 4. Subchapter E, Chapter 254, Health and Safety
143	129		Code, is amended by adding Section 254.207 to read as follows:
144	130		Sec. 254.207. ENFORCEMENT. Notwithstanding any
145	131		conflicting provision in this subchapter and except for good cause
146	132		shown, the Health and Human Services Commission shall impose the
147	133		following on a person licensed under this chapter who violates
148	134		Section 254.160 or a rule adopted under that section:
149	135		(1) for the first violation, an administrative penalty
150	136		in an amount equal to $10,000;
151	137		(2) for the second violation:
152	138		(A) an administrative penalty in an amount equal
153	139		to $50,000; and
154	140		(B) a suspension of the person's license for 30
155	141		days; and
156	142		(3) for the third violation, a permanent revocation of
157	143		the person's license.
158	144		SECTION 5. This Act takes effect September 1, 2021.
159		-	______________________________ ______________________________
160		-	President of the Senate Speaker of the House
161		-	I hereby certify that S.B. No. 2038 passed the Senate on
162		-	April 19, 2021, by the following vote: Yeas 31, Nays 0;
163		-	May 27, 2021, Senate refused to concur in House amendments and
164		-	requested appointment of Conference Committee; May 28, 2021, House
165		-	granted request of the Senate; May 30, 2021, Senate adopted
166		-	Conference Committee Report by the following vote: Yeas 30,
167		-	Nays 1.
168		-	______________________________
169		-	Secretary of the Senate
170		-	I hereby certify that S.B. No. 2038 passed the House, with
171		-	amendments, on May 25, 2021, by the following vote: Yeas 127,
172		-	Nays 18, two present not voting; May 28, 2021, House granted
173		-	request of the Senate for appointment of Conference Committee;
174		-	May 30, 2021, House adopted Conference Committee Report by the
175		-	following vote: Yeas 127, Nays 14, two present not voting.
176		-	______________________________
177		-	Chief Clerk of the House
178		-	Approved:
179		-	______________________________
180		-	Date
181		-	______________________________
182		-	Governor