Texas 2023 - 88th Regular

Texas House Bill HB248

Filed
11/14/22  
Out of House Committee
3/22/23  
Voted on by House
5/9/23  
Governor Action
 
Bill Becomes Law
 

Caption

Relating to solicitation of patients and other prohibited marketing practices and the establishment of the task force on patient solicitation; increasing criminal penalties.

Impact

The implementation of HB 248 is poised to have significant implications on state laws concerning medical marketing practices, particularly in the realm of substance abuse treatment. By increasing criminal penalties linked to patient solicitation, the bill aims to deter potential abuses and improve the integrity of how treatment services are marketed in Texas. This legislative move represents a response to ongoing concerns from within the recovery community about predatory practices that can arise in the treatment field.

Summary

House Bill 248 aims to clarify and strengthen existing laws around patient solicitation and marketing practices concerning substance abuse treatment centers. The bill addresses the issue of patient brokering, also known as kickbacks, which has garnered considerable attention from advocates in the recovery community. By establishing a task force, the bill seeks to study and make recommendations to prevent such unethical practices, ensuring that individuals seeking treatment are not exploited by unscrupulous entities.

Sentiment

The overall sentiment surrounding HB 248 is largely positive, especially among those involved in the substance abuse and recovery advocacy sectors. Stakeholders, including treatment center representatives, have expressed strong support for the bill, citing the need for clearer laws and better protections for patients. These advocates argue that ethical marketing practices will lead to better outcomes for individuals in recovery and support the integrity of treatment services.

Contention

While HB 248 has received broad support within the recovery community, it also raises questions about the balance between regulation and access to care. Some critics may voice concerns about the potential for overregulation, which could inadvertently limit the marketing capabilities of legitimate treatment centers. Opponents may argue that stricter regulations could deter facilities from expanding their reach and providing necessary services to those in need. The discussion thus highlights the challenge of ensuring patient protection while maintaining access to essential recovery resources.

Texas Constitutional Statutes Affected

Health And Safety Code

  • Chapter 164. Treatment Facilities Marketing And Admission Practices
    • Section: New Section
    • Section: New Section
    • Section: New Section

Occupations Code

  • Chapter 102. Solicitation Of Patients
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 1. General Provisions
    • Section: New Section

Companion Bills

No companion bills found.

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