Texas 2025 - 89th Regular

Texas House Bill HB2075 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R2805 MPF-F
2	2	By: Oliverson H.B. No. 2075
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to facility fees charged by certain health care providers;
10	10	providing an administrative penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle G, Title 4, Health and Safety Code, is
13	13	amended by adding Chapter 328 to read as follows:
14	14	CHAPTER 328. PROHIBITED FACILITY FEES BY CERTAIN HEALTH CARE
15	15	PROVIDERS
16	16	Sec. 328.001. DEFINITIONS. In this chapter:
17	17	(1) "Commission" means the Health and Human Services
18	18	Commission.
19	19	(2) "Executive commissioner" means the executive
20	20	commissioner of the commission.
21	21	(3) "Facility fee" means a fee charged by a health care
22	22	provider that is:
23	23	(A) intended to compensate the health care
24	24	provider for operational expenses; and
25	25	(B) separate from a fee charged by a health care
26	26	provider for professional medical services provided in a
27	27	hospital-based facility.
28	28	(4) "Freestanding emergency medical care facility"
29	29	has the meaning assigned by Section 254.001.
30	30	(5) "Health care provider" means an individual,
31	31	entity, corporation, person, or organization, whether for profit or
32	32	nonprofit, that provides or bills for the provision of health care
33	33	services in the normal course of business. The term includes a
34	34	hospital system, hospital, hospital-based facility, freestanding
35	35	emergency medical care facility, and urgent care clinic.
36	36	(6) "Hospital" has the meaning assigned by Section
37	37	241.003.
38	38	(7) "Hospital-based facility" means a facility that is
39	39	owned or operated, wholly or partly, by a hospital, and where
40	40	hospital or professional medical services are provided.
41	41	(8) "Hospital campus" means:
42	42	(A) the main buildings of a hospital;
43	43	(B) the physical area immediately adjacent to the
44	44	main buildings of a hospital and other areas or structures that are
45	45	not strictly contiguous to the main buildings but are located not
46	46	more than 250 yards from the main buildings of a hospital; and
47	47	(C) any other area that has been determined by
48	48	the Centers for Medicare and Medicaid Services to be a hospital
49	49	campus.
50	50	Sec. 328.002. PROHIBITED FACILITY FEES. (a) Except as
51	51	provided by Subsection (b), a health care provider may not charge a
52	52	facility fee for health care services.
53	53	(b) Subsection (a) does not apply to:
54	54	(1) services provided on a hospital campus; or
55	55	(2) emergency care, as defined by Section 1301.155,
56	56	Insurance Code.
57	57	Sec. 328.003. ENFORCEMENT. (a) The commission shall assess
58	58	an administrative penalty in an amount not to exceed $1,000 against
59	59	a health care provider that violates this chapter or a rule adopted
60	60	under this chapter.
61	61	(b) This section does not create a private cause of action
62	62	against a provider for legal or equitable relief.
63	63	Sec. 328.004. RULES. The executive commissioner may adopt
64	64	rules to implement this chapter.
65	65	SECTION 2. This Act takes effect immediately if it receives
66	66	a vote of two-thirds of all the members elected to each house, as
67	67	provided by Section 39, Article III, Texas Constitution. If this
68	68	Act does not receive the vote necessary for immediate effect, this
69	69	Act takes effect September 1, 2025.