1 | 1 | | 89R2858 MCF-F |
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2 | 2 | | By: Hughes S.B. No. 1219 |
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3 | 3 | | |
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4 | 4 | | |
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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 price estimates and billing requirements for certain |
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10 | 10 | | health care facilities. |
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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. Section 324.001, Health and Safety Code, is |
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13 | 13 | | amended by adding Subdivision (5-a) to read as follows: |
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14 | 14 | | (5-a) "Estimate" means a written statement outlining |
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15 | 15 | | the total amount a facility will accept as payment in full, |
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16 | 16 | | inclusive of all payment sources, for a nonemergency elective |
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17 | 17 | | medical service or procedure. |
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18 | 18 | | SECTION 2. Section 324.101, Health and Safety Code, is |
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19 | 19 | | amended by amending Subsections (d) and (g) and adding Subsections |
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20 | 20 | | (d-1) and (d-2) to read as follows: |
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21 | 21 | | (d) A consumer who presents to a [The] facility a valid |
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22 | 22 | | medical order [shall provide an estimate of the facility's charges] |
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23 | 23 | | for any elective inpatient admission or nonemergency outpatient |
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24 | 24 | | surgical procedure or other service is entitled to receive on |
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25 | 25 | | request and before the scheduling of the admission, [or] procedure, |
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26 | 26 | | or service an estimate from the facility. Not later than 24 hours |
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27 | 27 | | after receiving a request for an estimate under this subsection, |
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28 | 28 | | the facility shall provide the [The] estimate to the requesting |
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29 | 29 | | consumer in person, by e-mail, or through an online patient portal, |
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30 | 30 | | as chosen by the consumer [must be provided not later than the 10th |
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31 | 31 | | business day after the date on which the estimate is requested]. |
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32 | 32 | | [The facility must advise the consumer that: |
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33 | 33 | | [(1) the request for an estimate of charges may result |
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34 | 34 | | in a delay in the scheduling and provision of the inpatient |
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35 | 35 | | admission, outpatient surgical procedure, or other service; |
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36 | 36 | | [(2) the actual charges for an inpatient admission, |
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37 | 37 | | outpatient surgical procedure, or other service will vary based on |
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38 | 38 | | the person's medical condition and other factors associated with |
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39 | 39 | | performance of the procedure or service; |
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40 | 40 | | [(3) the actual charges for an inpatient admission, |
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41 | 41 | | outpatient surgical procedure, or other service may differ from the |
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42 | 42 | | amount to be paid by the consumer or the consumer's third-party |
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43 | 43 | | payor; |
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44 | 44 | | [(4) the consumer may be personally liable for payment |
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45 | 45 | | for the inpatient admission, outpatient surgical procedure, or |
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46 | 46 | | other service depending on the consumer's health benefit plan |
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47 | 47 | | coverage; and |
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48 | 48 | | [(5) the consumer should contact the consumer's health |
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49 | 49 | | benefit plan for accurate information regarding the plan structure, |
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50 | 50 | | benefit coverage, deductibles, copayments, coinsurance, and other |
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51 | 51 | | plan provisions that may impact the consumer's liability for |
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52 | 52 | | payment for the inpatient admission, outpatient surgical |
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53 | 53 | | procedure, or other service.] |
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54 | 54 | | (d-1) A facility's final billed charges may not exceed the |
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55 | 55 | | amount specified in the estimate provided under Subsection (d) by |
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56 | 56 | | more than five percent unless the additional charges are: |
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57 | 57 | | (1) related to complications arising during the |
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58 | 58 | | procedure or service and not reasonably avoidable in provision of |
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59 | 59 | | the procedure or service by the medical provider while exercising |
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60 | 60 | | reasonable medical judgment; or |
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61 | 61 | | (2) as a result of a change of diagnosis not |
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62 | 62 | | discoverable before the procedure or service and documented in the |
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63 | 63 | | patient's chart. |
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64 | 64 | | (d-2) If the final billed charges exceed the amount |
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65 | 65 | | specified in an estimate provided under Subsection (d) by more than |
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66 | 66 | | five percent, the facility must provide to the patient a written |
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67 | 67 | | statement describing: |
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68 | 68 | | (1) the difference in the final billed amount and the |
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69 | 69 | | estimate amount; and |
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70 | 70 | | (2) a plain-language explanation describing the |
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71 | 71 | | complications or change of diagnosis that resulted in the |
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72 | 72 | | difference. |
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73 | 73 | | (g) A facility that violates [in violation of] this section: |
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74 | 74 | | (1) may not: |
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75 | 75 | | (A) collect or take any collection action against |
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76 | 76 | | a consumer or other financially responsible party; |
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77 | 77 | | (B) report the consumer to a credit bureau; or |
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78 | 78 | | (C) pursue an action against the consumer; and |
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79 | 79 | | (2) is subject to enforcement action by the |
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80 | 80 | | appropriate licensing agency. |
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81 | 81 | | SECTION 3. Subchapter B, Chapter 324, Health and Safety |
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82 | 82 | | Code, is repealed. |
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83 | 83 | | SECTION 4. The changes in law made to Chapter 324, Health |
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84 | 84 | | and Safety Code, apply only to a request for an estimate made on or |
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85 | 85 | | after the effective date of this Act. A request for an estimate |
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86 | 86 | | made before the effective date of this Act is governed by the law in |
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87 | 87 | | effect at the time the request was made, and the former law is |
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88 | 88 | | continued in effect for that purpose. |
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89 | 89 | | SECTION 5. This Act takes effect September 1, 2025. |
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