Texas 2025 - 89th Regular

Texas House Bill HB1225 Compare Versions

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11 89R3370 SCL-D
22 By: Gates H.B. No. 1225
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the establishment of a bundled-pricing program to
1010 reduce certain health care costs in the state employees group
1111 benefits program.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1313 SECTION 1. Chapter 1551, Insurance Code, is amended by
1414 adding Subchapter K to read as follows:
1515 SUBCHAPTER K. BUNDLED-PRICING PROGRAM
1616 Sec. 1551.501. DEFINITIONS. In this subchapter:
1717 (1) "Facility-based provider" has the meaning
1818 assigned by Section 1551.229.
1919 (2) "Program" means the bundled-pricing program
2020 developed under this subchapter.
2121 Sec. 1551.502. BUNDLED-PRICING PROGRAM. (a) The board of
2222 trustees shall develop a cost-positive bundled-pricing program for
2323 health benefit plans provided under the group benefits program.
2424 (b) The program must be designed to reduce health care costs
2525 in the group benefits program by contracting with a health care
2626 facility, physician, or health care provider at a consolidated rate
2727 for an inpatient or outpatient surgery procedure that is a covered
2828 health care or medical service under a health benefit plan provided
2929 under the group benefits program.
3030 (c) A consolidated rate described by Subsection (b) must
3131 include all fees related to the covered surgery procedure,
3232 including fees for a health care facility, physician, health care
3333 provider, laboratory, anesthesia, perioperative service,
3434 prescription drug, or pharmacy service.
3535 (d) The board of trustees shall contract with a third-party
3636 administrator to administer the program. The program administrator
3737 may be independent from the administrator of a health benefit plan
3838 under the group benefits program.
3939 Sec. 1551.503. PARTICIPATION; COST-SHARING OBLIGATION.
4040 (a) A participant may have only an inpatient or outpatient surgery
4141 procedure under the program.
4242 (b) Except as provided by Subsection (c), the board of
4343 trustees or a participating health care facility, physician, or
4444 health care provider may not require a participant to pay a
4545 deductible, copayment, coinsurance, or other cost-sharing
4646 obligation for a covered surgery procedure provided under the
4747 program.
4848 (c) The board of trustees may require a participant in the
4949 state consumer-directed health plan established under Section
5050 1551.452 to meet the participant's deductible before the plan pays
5151 for a covered surgery procedure provided under the program.
5252 Sec. 1551.504. PROVIDER PARTICIPATION. (a) A health care
5353 facility, physician, or health care provider is not required to
5454 participate in the program. To participate, a health care
5555 facility, physician, or health care provider must voluntarily and
5656 expressly agree in writing to participate.
5757 (b) A health care facility may not directly or indirectly:
5858 (1) coerce a facility-based provider or physician to
5959 participate in the program or accept a lower rate for an inpatient
6060 or outpatient surgery procedure;
6161 (2) condition a physician's staff membership or
6262 privileges on the physician's participation in the program;
6363 (3) consider a physician's participation or lack of
6464 participation in the program in credentialing the physician;
6565 (4) offer preferential scheduling to a participating
6666 physician as compared to a physician who elects not to participate;
6767 or
6868 (5) terminate or otherwise penalize a physician or
6969 health care provider for an election to not participate in the
7070 program.
7171 (c) The board of trustees, a health benefit plan, an
7272 administrator of a health benefit plan provided under the group
7373 program, or a health benefit plan issuer may not directly or
7474 indirectly:
7575 (1) coerce a health care facility, physician, or
7676 health care provider to participate in the program;
7777 (2) condition any plan participation on participation
7878 in the program; or
7979 (3) terminate or otherwise penalize a health care
8080 facility, physician, or health care provider for electing not to
8181 participate in the program.
8282 Sec. 1551.505. PROCEDURE APPROVAL. (a) Before scheduling
8383 a procedure under the program, a participating health care
8484 facility, physician, or health care provider must apply for
8585 approval from the program administrator in the form and manner
8686 prescribed by the board of trustees.
8787 (b) The approval application must include the consolidated
8888 rate for the procedure and any other information determined
8989 necessary by the program administrator.
9090 (c) In determining whether to approve a procedure under this
9191 section, the program administrator shall:
9292 (1) ensure that the quality of care is comparable to
9393 the care provided by a network provider for a health benefit plan
9494 under the group benefits program;
9595 (2) ensure that the procedure's cost is lower than the
9696 procedure's cost if performed outside of the program; and
9797 (3) if there is not a quality differential and
9898 multiple health care facilities, physicians, or health care
9999 providers apply to perform the same procedure for a participant,
100100 consider the procedure's consolidated rate and the time the
101101 procedure will be performed as the most important factors.
102102 Sec. 1551.506. PAYMENT. (a) The board of trustees shall
103103 ensure that a participating health care facility, physician, or
104104 health care provider receives payment for a covered surgery
105105 procedure not later than the 30th day after the date the program
106106 administrator receives a claim for the procedure that includes, at
107107 a minimum, each current procedural terminology code associated with
108108 the bundled procedure and each ICD-10 code associated with the
109109 patient.
110110 (b) The program must include the methods by which payments
111111 are allocated among a participating health care facility,
112112 physician, or health care provider. If the consolidated bundled
113113 payment is to be paid to an entity for further distribution to other
114114 participating health care facilities, physicians, or health care
115115 providers, the entity receiving the consolidated payment must be a
116116 physician-led organization and have contracting authority on
117117 behalf of the other participating facilities, physicians, and
118118 providers.
119119 (c) A participating health care facility, physician, or
120120 health care provider may submit a request for payment to the
121121 administrator for unanticipated services required to be provided
122122 while performing a procedure under the program. The request must
123123 include information on the reason the services were required.
124124 Sec. 1551.507. BUNDLED-PRICING DISCLOSURE. (a) A
125125 participating health care facility, physician, or health care
126126 provider shall provide a written disclosure to a participant or the
127127 participant's representative of the consolidated rate for a
128128 procedure provided under the program before scheduling the
129129 procedure.
130130 (b) A health care facility, physician, or health care
131131 provider that participates in the program may disclose a
132132 consolidated rate for an inpatient or outpatient surgery procedure
133133 on the facility's, physician's, or provider's Internet website and
134134 marketing materials.
135135 Sec. 1551.508. PUBLICATION OF INFORMATION. The board of
136136 trustees shall publish information on the program, including a list
137137 of participating health care facilities, physicians, and health
138138 care providers and the consolidated rates offered by each
139139 participating facility, physician, and provider, on the Employees
140140 Retirement System of Texas website.
141141 Sec. 1551.509. UNAUTHORIZED PRACTICE OF MEDICINE
142142 PROHIBITED. This subchapter may not be construed to authorize:
143143 (1) a lay person or entity to supervise or otherwise
144144 control the practice of medicine as prohibited under Subtitle B,
145145 Title 3, Occupations Code;
146146 (2) a person or entity to engage in the unauthorized
147147 practice of medicine in this state;
148148 (3) a person or entity to misrepresent that the person
149149 or entity is entitled to practice medicine; or
150150 (4) a violation of Section 155.001, 155.003, 157.001,
151151 164.052, or 165.156, Occupations Code.
152152 Sec. 1551.510. RULEMAKING. The board of trustees may adopt
153153 rules as necessary to implement this subchapter.
154154 SECTION 2. This Act takes effect September 1, 2025.