89R2019 MPF-F
By: Hinojosa of Nueces S.B. No. 1511
A BILL TO BE ENTITLED
AN ACT
relating to the provision of health care services by a freestanding
emergency medical care facility and the collection of fees for
providing those services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 254.001, Health and Safety Code, is
amended by adding Subdivision (5-a) to read as follows:
(5-a) "Patient" means an individual who seeks or
receives emergency care at a facility.
SECTION 2. Subchapter A, Chapter 254, Health and Safety
Code, is amended by adding Section 254.002 to read as follows:
Sec. 254.002. PURPOSE; CONSTRUCTION. (a) The purpose of
this chapter is to protect patients who may be in need of emergency
care by ensuring that a facility established, operated, or held out
to the public as a facility regulated under this chapter meets the
standards for providing emergency care required by this chapter and
rules adopted under this chapter, including the capacity to
stabilize and transfer patients.
(b) To increase access to and ensure the efficient delivery
of health care services in this state, this chapter may not be
construed to prohibit the colocation of emergency care and health
care services other than emergency care at a facility or the dual
use of a facility's personnel, equipment, supplies, furnishings,
laboratory, or other property for the provision of health care
services other than emergency care.
(c) A facility's provision of health care services other
than emergency care is governed by the law applicable to those
services.
SECTION 3. Subchapter D, Chapter 254, Health and Safety
Code, is amended by adding Section 254.152 to read as follows:
Sec. 254.152. REFERENCE TO FEE OR RATE. In this subchapter,
a reference to a fee or rate means an amount charged to a patient for
emergency care provided at a facility and includes a facility fee
related to the provision of that emergency care.
SECTION 4. Section 254.155(a), Health and Safety Code, is
amended to read as follows:
(a) A facility shall post notice that:
(1) states:
(A) the facility is a freestanding emergency
medical care facility;
(B) the facility charges rates comparable to a
hospital emergency room and may charge a facility fee only for the
provision of emergency care;
(C) a facility or a physician providing medical
care at the facility may be an out-of-network provider for the
patient's health benefit plan provider network; and
(D) a physician providing medical care at the
facility may bill separately from the facility for the medical care
provided to a patient; and
(2) either:
(A) lists the health benefit plans in which the
facility is an in-network provider in the health benefit plan's
provider network; or
(B) states the facility is an out-of-network
provider for all health benefit plans.
SECTION 5. Section 254.1555, Health and Safety Code, is
amended by adding Subsection (a-1) to read as follows:
(a-1) A facility providing health care services other than
emergency care may not charge a facility fee for the provision of
those services.
SECTION 6. Section 254.156(d), Health and Safety Code, is
amended to read as follows:
(d) The disclosure statement:
(1) must include:
(A) the name and contact information of the
facility; and
(B) a place for the patient or the patient's
legally authorized representative and an employee of the facility
to sign and date the disclosure statement;
(2) may include information on the facility's
procedures for seeking reimbursement from the patient's health
benefit plan; and
(3) must, as applicable:
(A) state "This facility charges a facility fee
for emergency care [medical treatment]" and include:
(i) the facility's median facility fee;
(ii) a range of possible facility fees; and
(iii) the facility fees for each level of
care provided at the facility; and
(B) state "This facility charges an observation
fee for medical treatment" and include:
(i) the facility's median observation fee;
(ii) a range of possible observation fees;
and
(iii) the observation fees for each level
of care provided at the facility.
SECTION 7. This Act takes effect September 1, 2025.