Texas 2025 - 89th Regular

Texas House Bill HB1314 Compare Versions

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11 By: Hickland H.B. No. 1314
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66 A BILL TO BE ENTITLED
77 AN ACT
88 relating to price estimates and billing requirements for certain
99 health care facilities.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Section 324.001, Health and Safety Code, is
1212 amended by adding Subdivision (5-a) to read as follows:
1313 (5-a) "Estimate" means a written statement outlining a
1414 consumer's total expected billed charges for a nonemergency
1515 elective medical service or procedure.
1616 SECTION 2. Section 324.101, Health and Safety Code, is
1717 amended by amending Subsections (d) and (g) and adding Subsection
1818 (d-1) to read as follows:
1919 (d) A consumer who presents to a [The] facility a valid
2020 medical order [shall provide an estimate of the facility's charges]
2121 for any elective inpatient admission or nonemergency outpatient
2222 surgical procedure or other service is entitled to receive on
2323 request and before the scheduling of the admission, [or] procedure,
2424 or service an estimate of the facility's charges for the admission,
2525 procedure, or service. Not later than 24 hours after receiving a
2626 request for an estimate under this subsection, the facility shall
2727 provide the [The] estimate to the requesting consumer by e-mail
2828 [must be provided not later than the 10th business day after the
2929 date on which the estimate is requested]. The facility must advise
3030 the consumer that:
3131 (1) the request for an estimate of billed charges may
3232 result in a delay in the scheduling and provision of the inpatient
3333 admission, outpatient surgical procedure, or other service;
3434 (2) the actual charges for an inpatient admission,
3535 outpatient surgical procedure, or other service will vary based on
3636 the person's medical condition and other factors associated with
3737 performance of the procedure or service;
3838 (3) the actual charges for an inpatient admission,
3939 outpatient surgical procedure, or other service may differ from the
4040 amount to be paid by the consumer or the consumer's third-party
4141 payor;
4242 (4) the consumer may be personally liable for payment
4343 for the inpatient admission, outpatient surgical procedure, or
4444 other service depending on the consumer's health benefit plan
4545 coverage; and
4646 (5) the consumer should contact the consumer's health
4747 benefit plan for accurate information regarding the plan structure,
4848 benefit coverage, deductibles, copayments, coinsurance, and other
4949 plan provisions that may impact the consumer's liability for
5050 payment for the inpatient admission, outpatient surgical
5151 procedure, or other service.
5252 (d-1) A facility's final billed charges may not exceed the
5353 amount specified in an estimate by more than five percent unless the
5454 additional charges are related to complications that arose during
5555 the procedure or service or as a result of a change of diagnosis
5656 that is documented in the patient's chart. If the final billed
5757 charges exceed the amount specified in an estimate by more than five
5858 percent, the facility shall provide to the patient a written
5959 statement describing:
6060 (1) the difference in the billed charge amount and the
6161 estimate amount; and
6262 (2) the complications or change of diagnosis that
6363 resulted in the difference.
6464 (g) A facility that violates [in violation of] this section:
6565 (1) may not:
6666 (A) collect or take any collection action against
6767 a consumer;
6868 (B) report the consumer to a credit bureau; or
6969 (C) pursue an action against the consumer; and
7070 (2) is subject to an enforcement action by the
7171 appropriate licensing agency.
7272 SECTION 3. Subchapter B, Chapter 324, Health and Safety
7373 Code, is repealed.
7474 SECTION 4. The changes in law made to Chapter 324, Health
7575 and Safety Code, apply only to a request for an estimate made on or
7676 after the effective date of this Act. A request for an estimate
7777 made before the effective date of this Act is governed by the law in
7878 effect at the time the request was made, and the former law is
7979 continued in effect for that purpose.
8080 SECTION 5. This Act takes effect September 1, 2025.