Texas 2023 - 88th Regular

Texas House Bill HB1236

Filed
1/9/23  
Out of House Committee
4/17/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the definition of and certain determinations regarding emergency care for purposes of certain health benefit plan coverage.

Impact

The enactment of HB 1236 will significantly influence the way emergency care is defined in Texas law, particularly regarding the criteria that insurance companies must consider when reimbursing for emergency services. By emphasizing the prudent layperson standard, the bill seeks to prevent insurance companies from denying claims based on retrospective determinations that are unrelated to the patient’s immediate perception of their medical condition. This is intended to enhance patient safety and ensure timely access to emergency services without the fear of post-hoc financial consequences.

Summary

House Bill 1236 pertains to the definition and determinations regarding emergency care within the framework of health benefit plans. Specifically, it clarifies the prudent layperson standard, ensuring that reimbursement for emergency medical services is based on what a typical person would consider an emergency, rather than the final diagnosis provided. The bill aims to protect patients from potential claim denials for necessary emergency services based on a narrow interpretation of medical diagnostics.

Sentiment

The sentiment surrounding HB 1236 appears largely positive, especially among healthcare professionals and organizations focused on patient advocacy. Key stakeholders, including the Texas Hospital Association and the Texas College of Emergency Physicians, have expressed strong support for the bill, highlighting its potential to provide essential consumer protections. However, some opposition has emerged, particularly from insurance industry representatives concerned that the adjustments may complicate fraud detection processes by making it more challenging to rely upon diagnosis codes.

Contention

Notable points of contention involve concerns raised by certain insurance representatives who argue that the removal of restrictions concerning diagnosis code utilization could hinder efforts to detect fraud and abuse within emergency care services. While proponents of the bill argue that it will create clearer guidelines for patient care and reimbursement, opponents emphasize the need for safeguards that prevent fraudulent claims. The debate thus reflects a tension between improving patient access to necessary emergency care and ensuring that the healthcare system remains robust against potential misuse.

Texas Constitutional Statutes Affected

Insurance Code

  • Chapter 843. Health Maintenance Organizations
    • Section: 002
    • Section: New Section
    • Section: 002
  • Chapter 1301. Preferred Provider Benefit Plans
    • Section: New Section
    • Section: New Section
  • Chapter 4201. Utilization Review Agents
    • Section: 002
    • Section: New Section
    • Section: 002
    • Section: New Section

Companion Bills

TX SB1139

Identical Relating to the definition of emergency care for purposes of certain health benefit plans.

Similar Bills

No similar bills found.