Texas 2023 - 88th Regular

Texas House Bill HB633 Compare Versions

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11 88R23974 MEW-F
22 By: Frank, Harless, Collier H.B. No. 633
33 Substitute the following for H.B. No. 633:
44 By: Harless C.S.H.B. No. 633
55
66
77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the method of payment for certain health care provided
1010 by a hospital.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Chapter 1204, Insurance Code, is amended by
1313 adding Subchapter G to read as follows:
1414 SUBCHAPTER G. DIRECT PAYMENT OF HOSPITAL
1515 Sec. 1204.301. DEFINITIONS. In this subchapter:
1616 (1) "Enrollee" means an individual who is enrolled in
1717 a health benefit plan or otherwise entitled to coverage under a
1818 health benefit plan.
1919 (2) "Health benefit plan" means an individual, group,
2020 blanket, or franchise insurance policy, a group hospital service
2121 contract, or an individual or group subscriber contract or evidence
2222 of coverage issued by a health maintenance organization, that
2323 provides benefits for health care services. The term does not
2424 include:
2525 (A) the state Medicaid program, including the
2626 Medicaid managed care program operated under Chapter 533,
2727 Government Code;
2828 (B) the child health plan program operated under
2929 Chapter 62, Health and Safety Code; or
3030 (C) Medicare benefits.
3131 (3) "Health care service" means a service to diagnose,
3232 prevent, alleviate, cure, or heal a human illness or injury that is
3333 provided to an individual by a physician or other health care
3434 provider.
3535 (4) "Hospital" means a public or private institution
3636 licensed under Chapter 241, Health and Safety Code. The term does
3737 not include an ambulatory surgical center licensed under Chapter
3838 243, Health and Safety Code.
3939 Sec. 1204.302. APPLICABILITY TO CERTAIN PLANS. In addition
4040 to the health benefit plans described by Section 1204.301,
4141 notwithstanding any other law, this subchapter applies to:
4242 (1) a basic coverage plan under Chapter 1551;
4343 (2) a basic plan under Chapter 1575;
4444 (3) a primary care coverage plan under Chapter 1579;
4545 and
4646 (4) a plan providing basic coverage under Chapter
4747 1601.
4848 Sec. 1204.303. PAYMENT IN LIEU OF CLAIM FOR BENEFITS; OTHER
4949 DIRECT PAYMENTS. (a) At the request of a patient, including a
5050 patient who is an enrollee, and subject to Subsection (b), a
5151 hospital must accept directly from the patient full payment for a
5252 health care service provided in the hospital. If the payment is
5353 made by an enrollee, the hospital must accept that payment in lieu
5454 of submitting a claim to the enrollee's health benefit plan.
5555 (b) A request under Subsection (a) must be made not later
5656 than the 60th day after the date on which the health care service is
5757 provided.
5858 (c) Notwithstanding Section 552.003 or any other law, the
5959 amount of the payment for a health care service for which a hospital
6060 accepts payment as described by Subsection (a) for a service
6161 provided in the hospital may not exceed the lowest contracted rate
6262 for the health care service that the hospital has agreed to accept
6363 as payment in full as a contracted, preferred, or participating
6464 provider of a health benefit plan.
6565 SECTION 2. This Act takes effect September 1, 2023.