Texas 2025 - 89th Regular

Texas Senate Bill SB1219 Compare Versions

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11 89R2858 MCF-F
22 By: Hughes S.B. No. 1219
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to price estimates and billing requirements for certain
1010 health care facilities.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 324.001, Health and Safety Code, is
1313 amended by adding Subdivision (5-a) to read as follows:
1414 (5-a) "Estimate" means a written statement outlining
1515 the total amount a facility will accept as payment in full,
1616 inclusive of all payment sources, for a nonemergency elective
1717 medical service or procedure.
1818 SECTION 2. Section 324.101, Health and Safety Code, is
1919 amended by amending Subsections (d) and (g) and adding Subsections
2020 (d-1) and (d-2) to read as follows:
2121 (d) A consumer who presents to a [The] facility a valid
2222 medical order [shall provide an estimate of the facility's charges]
2323 for any elective inpatient admission or nonemergency outpatient
2424 surgical procedure or other service is entitled to receive on
2525 request and before the scheduling of the admission, [or] procedure,
2626 or service an estimate from the facility. Not later than 24 hours
2727 after receiving a request for an estimate under this subsection,
2828 the facility shall provide the [The] estimate to the requesting
2929 consumer in person, by e-mail, or through an online patient portal,
3030 as chosen by the consumer [must be provided not later than the 10th
3131 business day after the date on which the estimate is requested].
3232 [The facility must advise the consumer that:
3333 [(1) the request for an estimate of charges may result
3434 in a delay in the scheduling and provision of the inpatient
3535 admission, outpatient surgical procedure, or other service;
3636 [(2) the actual charges for an inpatient admission,
3737 outpatient surgical procedure, or other service will vary based on
3838 the person's medical condition and other factors associated with
3939 performance of the procedure or service;
4040 [(3) the actual charges for an inpatient admission,
4141 outpatient surgical procedure, or other service may differ from the
4242 amount to be paid by the consumer or the consumer's third-party
4343 payor;
4444 [(4) the consumer may be personally liable for payment
4545 for the inpatient admission, outpatient surgical procedure, or
4646 other service depending on the consumer's health benefit plan
4747 coverage; and
4848 [(5) the consumer should contact the consumer's health
4949 benefit plan for accurate information regarding the plan structure,
5050 benefit coverage, deductibles, copayments, coinsurance, and other
5151 plan provisions that may impact the consumer's liability for
5252 payment for the inpatient admission, outpatient surgical
5353 procedure, or other service.]
5454 (d-1) A facility's final billed charges may not exceed the
5555 amount specified in the estimate provided under Subsection (d) by
5656 more than five percent unless the additional charges are:
5757 (1) related to complications arising during the
5858 procedure or service and not reasonably avoidable in provision of
5959 the procedure or service by the medical provider while exercising
6060 reasonable medical judgment; or
6161 (2) as a result of a change of diagnosis not
6262 discoverable before the procedure or service and documented in the
6363 patient's chart.
6464 (d-2) If the final billed charges exceed the amount
6565 specified in an estimate provided under Subsection (d) by more than
6666 five percent, the facility must provide to the patient a written
6767 statement describing:
6868 (1) the difference in the final billed amount and the
6969 estimate amount; and
7070 (2) a plain-language explanation describing the
7171 complications or change of diagnosis that resulted in the
7272 difference.
7373 (g) A facility that violates [in violation of] this section:
7474 (1) may not:
7575 (A) collect or take any collection action against
7676 a consumer or other financially responsible party;
7777 (B) report the consumer to a credit bureau; or
7878 (C) pursue an action against the consumer; and
7979 (2) is subject to enforcement action by the
8080 appropriate licensing agency.
8181 SECTION 3. Subchapter B, Chapter 324, Health and Safety
8282 Code, is repealed.
8383 SECTION 4. The changes in law made to Chapter 324, Health
8484 and Safety Code, apply only to a request for an estimate made on or
8585 after the effective date of this Act. A request for an estimate
8686 made before the effective date of this Act is governed by the law in
8787 effect at the time the request was made, and the former law is
8888 continued in effect for that purpose.
8989 SECTION 5. This Act takes effect September 1, 2025.