Texas 2023 - 88th Regular

Texas House Bill HB1692 Compare Versions

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1	1	88R9440 SRA-F
2	2	By: Frank H.B. No. 1692
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to facility fees charged by certain health care providers;
8	8	providing an administrative penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle G, Title 4, Health and Safety Code, is
11	11	amended by adding Chapter 328 to read as follows:
12	12	CHAPTER 328. PROHIBITED FACILITY FEES BY CERTAIN HEALTH CARE
13	13	PROVIDERS
14	14	Sec. 328.001. DEFINITIONS. In this chapter:
15	15	(1) "Department" means the Department of State Health
16	16	Services.
17	17	(2) "Executive commissioner" means the executive
18	18	commissioner of the Health and Human Services Commission.
19	19	(3) "Facility fee" means a fee charged by a health care
20	20	provider that is:
21	21	(A) intended to compensate the health care
22	22	provider for operational expenses; and
23	23	(B) separate from a fee charged by a health care
24	24	provider for professional medical services provided in a
25	25	hospital-based facility.
26	26	(4) "Freestanding emergency medical care facility"
27	27	has the meaning assigned by Section 254.001.
28	28	(5) "Health care provider" means an individual,
29	29	entity, corporation, person, or organization, whether for profit or
30	30	nonprofit, that provides or bills for the provision of health care
31	31	services in the normal course of business. The term includes a
32	32	hospital system, hospital, hospital-based facility, freestanding
33	33	emergency medical care facility, and urgent care clinic.
34	34	(6) "Hospital" has the meaning assigned by Section
35	35	241.003.
36	36	(7) "Hospital-based facility" means a facility that is
37	37	owned or operated, wholly or partly, by a hospital, and where
38	38	hospital or professional medical services are provided.
39	39	(8) "Hospital campus" means:
40	40	(A) the main buildings of a hospital;
41	41	(B) the physical area immediately adjacent to the
42	42	main buildings of a hospital and other areas or structures that are
43	43	not strictly contiguous to the main buildings but are located not
44	44	more than 250 yards from the main buildings of a hospital; and
45	45	(C) any other area that has been determined by
46	46	the Centers for Medicare and Medicaid Services to be a hospital
47	47	campus.
48	48	Sec. 328.002. PROHIBITED FACILITY FEES. (a) Except as
49	49	provided by Subsection (b), a health care provider may not charge a
50	50	facility fee, including a facility fee for:
51	51	(1) outpatient health care services; or
52	52	(2) health care services identified by the executive
53	53	commissioner under Subsection (c).
54	54	(b) Subsection (a) does not apply to:
55	55	(1) services provided on a hospital campus, except for
56	56	services described by Subsections (a)(1) and (2); or
57	57	(2) services provided at a freestanding emergency
58	58	medical care facility, except for services described by Subsection
59	59	(a)(2).
60	60	(c) The executive commissioner by rule shall annually
61	61	identify health care services that may be safely and effectively
62	62	provided outside of a hospital setting. A facility fee may not be
63	63	billed or collected for services identified under this subsection.
64	64	(d) This section may not be construed to expand the type of
65	65	health care services that a freestanding emergency medical care
66	66	facility is authorized to provide.
67	67	Sec. 328.003. REPORTING. Each health care provider shall
68	68	submit a report to the department, in the form and manner prescribed
69	69	by the department, detailing any facility fees charged by the
70	70	provider. A report submitted under this section must comply with
71	71	the requirements of Chapter 108.
72	72	Sec. 328.004. AUDIT. (a) The department or its designee may
73	73	audit a health care provider for compliance with this chapter.
74	74	(b) Each health care provider shall make available, on
75	75	written request of the department or its designee, copies of any
76	76	books, documents, records, or other data that are necessary to
77	77	complete the audit.
78	78	(c) Each health care provider shall retain copies of
79	79	information described by Subsection (b) until four years after the
80	80	date the health care services were provided.
81	81	Sec. 328.005. ENFORCEMENT. (a) The department shall assess
82	82	an administrative penalty in an amount not to exceed $1,000 against
83	83	a health care provider that violates this chapter or a rule adopted
84	84	under this chapter.
85	85	(b) This section does not create a private cause of action
86	86	against a provider for legal or equitable relief.
87	87	Sec. 328.006. RULES. The executive commissioner may adopt
88	88	rules to implement this chapter.
89	89	SECTION 2. This Act takes effect immediately if it receives
90	90	a vote of two-thirds of all the members elected to each house, as
91	91	provided by Section 39, Article III, Texas Constitution. If this
92	92	Act does not receive the vote necessary for immediate effect, this
93	93	Act takes effect September 1, 2023.