By: A. Johnson of Harris, Leach, Slawson H.B. No. 3058
A BILL TO BE ENTITLED
AN ACT
relating to the operation of the physician-patient relationship
with respect to certain medically necessary services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 74, Civil Practice and Remedies Code, is
amended by adding Subchapter L to read as follows:
SUBCHAPTER L. MEDICALLY NECESSARY SERVICES
Sec. 74.551. DEFINITIONS. In this subchapter:
(1) "Medically necessary" means medical services that
are supported by documentation which show the services are:
(A) reasonable and necessary to prevent illness,
medical, or dental conditions, or provide early screening,
interventions, or treatments for conditions that cause suffering or
pain, cause physical deformity or limitations in function, threaten
to cause or worsen a disability, cause illness or infirmity of a
patient, or endanger the patient's life;
(B) consistent with health care practice
guidelines and standards that are issued by professionally
recognized health care organizations or governmental agencies;
(C) consistent with the diagnoses of the
conditions;
(D) no more intrusive or restrictive than
necessary to provide a proper balance of safety, effectiveness, and
efficiency;
(E) not experimental or investigative; and
(F) not primarily for the convenience of the
physician or patient engaged in a physician-patient relationship.
(2) "Physician-patient relationship" means a
consensual relationship that exists because of a contract, express
or implied, that the physician will treat the patient with proper
professional skill.
Sec. 74.552. EFFECT OF PATIENT CONSENT TO MEDICALLY
NECESSARY SERVICES. For purposes of this chapter or any other law,
a physician engaged in a physician-patient relationship is not
liable in a proceeding conducted under the laws of this state solely
for providing medically necessary services to the patient if the
physician complies with Subchapter C and the patient consents to
the services.
SECTION 2. This Act takes effect September 1, 2023.