Texas Senate Bill SB2038

Texas 2021 - 87th Regular

Caption

Relating to prices and fees charged by certain freestanding emergency medical care facilities, including prices and fees charged during a declared state of disaster; providing administrative penalties.

Impact

The bill modifies existing laws within the Health and Safety Code, introducing specific prohibitions on pricing strategies that may be considered predatory during state emergencies. It not only bans unconscionable pricing but also prohibits the use of observation or facility fees when services are delivered to patients in their vehicles. These measures aim to enhance transparency in billing practices, requiring clear disclosure of costs associated with medical services during emergencies. Such reforms could lead to broader implications for healthcare accessibility and pricing equity in the state.

Summary

SB2038 is a legislative bill that addresses pricing practices of certain freestanding emergency medical care facilities, particularly during a declared state of disaster. The bill aims to prevent these facilities from charging what it defines as 'unconscionable prices,' which are defined as prices exceeding 200% of the average price for similar services in the area. This move seeks to protect consumers from potential exploitation during emergencies when access to medical care is critical and options may be limited due to circumstances beyond their control.

Sentiment

The general sentiment surrounding SB2038 appears to reflect a consensus among lawmakers on the importance of safeguarding public health interests, especially in light of crises like natural disasters or pandemics. There was substantial bipartisan support for the bill, evidenced by the voting history, which recorded overwhelming approval in both the Senate and the House. This indicates that policymakers largely view the bill as a necessary step towards ensuring that emergency medical care remains fair and accessible to the public.

Contention

While the bill enjoyed broad support, it did face some criticisms regarding potential impacts on healthcare facilities. Opponents of aspects of SB2038 raised concerns that strict pricing regulations could discourage some facilities from offering services during emergencies, affecting overall emergency care availability. The bill mandates severe penalties for violations, including hefty fines and license revocations, which some believe may create a compliance burden that small or newly established facilities might find difficult to manage.