1 | 1 | | 88R23974 MEW-F |
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2 | 2 | | By: Frank, Harless, Collier H.B. No. 633 |
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3 | 3 | | Substitute the following for H.B. No. 633: |
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4 | 4 | | By: Harless C.S.H.B. No. 633 |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the method of payment for certain health care provided |
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10 | 10 | | by a hospital. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Chapter 1204, Insurance Code, is amended by |
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13 | 13 | | adding Subchapter G to read as follows: |
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14 | 14 | | SUBCHAPTER G. DIRECT PAYMENT OF HOSPITAL |
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15 | 15 | | Sec. 1204.301. DEFINITIONS. In this subchapter: |
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16 | 16 | | (1) "Enrollee" means an individual who is enrolled in |
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17 | 17 | | a health benefit plan or otherwise entitled to coverage under a |
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18 | 18 | | health benefit plan. |
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19 | 19 | | (2) "Health benefit plan" means an individual, group, |
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20 | 20 | | blanket, or franchise insurance policy, a group hospital service |
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21 | 21 | | contract, or an individual or group subscriber contract or evidence |
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22 | 22 | | of coverage issued by a health maintenance organization, that |
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23 | 23 | | provides benefits for health care services. The term does not |
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24 | 24 | | include: |
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25 | 25 | | (A) the state Medicaid program, including the |
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26 | 26 | | Medicaid managed care program operated under Chapter 533, |
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27 | 27 | | Government Code; |
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28 | 28 | | (B) the child health plan program operated under |
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29 | 29 | | Chapter 62, Health and Safety Code; or |
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30 | 30 | | (C) Medicare benefits. |
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31 | 31 | | (3) "Health care service" means a service to diagnose, |
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32 | 32 | | prevent, alleviate, cure, or heal a human illness or injury that is |
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33 | 33 | | provided to an individual by a physician or other health care |
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34 | 34 | | provider. |
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35 | 35 | | (4) "Hospital" means a public or private institution |
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36 | 36 | | licensed under Chapter 241, Health and Safety Code. The term does |
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37 | 37 | | not include an ambulatory surgical center licensed under Chapter |
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38 | 38 | | 243, Health and Safety Code. |
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39 | 39 | | Sec. 1204.302. APPLICABILITY TO CERTAIN PLANS. In addition |
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40 | 40 | | to the health benefit plans described by Section 1204.301, |
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41 | 41 | | notwithstanding any other law, this subchapter applies to: |
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42 | 42 | | (1) a basic coverage plan under Chapter 1551; |
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43 | 43 | | (2) a basic plan under Chapter 1575; |
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44 | 44 | | (3) a primary care coverage plan under Chapter 1579; |
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45 | 45 | | and |
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46 | 46 | | (4) a plan providing basic coverage under Chapter |
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47 | 47 | | 1601. |
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48 | 48 | | Sec. 1204.303. PAYMENT IN LIEU OF CLAIM FOR BENEFITS; OTHER |
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49 | 49 | | DIRECT PAYMENTS. (a) At the request of a patient, including a |
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50 | 50 | | patient who is an enrollee, and subject to Subsection (b), a |
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51 | 51 | | hospital must accept directly from the patient full payment for a |
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52 | 52 | | health care service provided in the hospital. If the payment is |
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53 | 53 | | made by an enrollee, the hospital must accept that payment in lieu |
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54 | 54 | | of submitting a claim to the enrollee's health benefit plan. |
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55 | 55 | | (b) A request under Subsection (a) must be made not later |
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56 | 56 | | than the 60th day after the date on which the health care service is |
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57 | 57 | | provided. |
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58 | 58 | | (c) Notwithstanding Section 552.003 or any other law, the |
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59 | 59 | | amount of the payment for a health care service for which a hospital |
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60 | 60 | | accepts payment as described by Subsection (a) for a service |
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61 | 61 | | provided in the hospital may not exceed the lowest contracted rate |
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62 | 62 | | for the health care service that the hospital has agreed to accept |
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63 | 63 | | as payment in full as a contracted, preferred, or participating |
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64 | 64 | | provider of a health benefit plan. |
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65 | 65 | | SECTION 2. This Act takes effect September 1, 2023. |
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