BILL ANALYSIS Senate Research Center S.B. 1511 89R2019 MPF-F By: Hinojosa, Adam Health & Human Services 4/7/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Chapter 254, Health and Safety Code, provides for licensing of facilities that hold out as providers of emergency medical care (FECs) so that a patient who presents to the facility expecting emergency care can rely on it to have the personnel and sophisticated equipment needed to deliver that care. The Health and Human Services Commission, the regulator of FECs, interpreted the statute to allow only emergency care at such facilities, even though the doctors, nurses, laboratories, and imaging equipment required for the facilities are fully capable of providing non-emergency care. This bill allows FECs to provide non-emergency care using the same personnel and equipment as it uses to provide emergency care. This bill will increase access to care and make more efficient use of scarce health care resources. At the same time, this bill protects patients by maintaining the high standards needed to provide emergency when needed while prohibiting FECs from charging facility fees in connection with non-emergency care. As proposed, S.B. 1511 amends current law relating to the provision of health care services by a freestanding emergency medical care facility and the collection of fees for providing those services. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 254.001, Health and Safety Code, by adding Subdivision (5-a) to define "patient." SECTION 2. Amends Subchapter A, Chapter 254, Health and Safety Code, by adding Section 254.002, as follows: Sec. 254.002. PURPOSE; CONSTRUCTION. (a) Sets forth the purpose of Chapter 254 (Freestanding Emergency Medical Care Facility). (b) Prohibits this chapter, to increase access to and ensure the efficient delivery of health care services in this state, from being 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) Provides that a facility's provision of health care services other than emergency care is governed by the law applicable to those services. SECTION 3. Amends Subchapter D, Chapter 254, Health and Safety Code, by adding Section 254.152, as follows: Sec. 254.152. REFERENCE TO FEE OR RATE. Provides that, in Subchapter D (Regulation of Facilities) of this chapter, 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. Amends Section 254.155(a), Health and Safety Code, to require a facility to post notice that states certain information, including that the facility charges rates comparable to a hospital emergency room and is authorized to charge a facility fee only for the provision of emergency care. SECTION 5. Section 254.1555, Health and Safety Code, by adding Subsection (a-1) to prohibit a facility providing health care services other than emergency care from charging a facility fee for the provision of those services. SECTION 6. Amends Section 254.156(d), Health and Safety Code, to provide that the disclosure statement required by Section 245.156 (Disclosure Statement Required) meet certain criteria, including that it must, as applicable, state certain disclosures, including "This facility charges a facility fee for emergency care," rather than "This facility charges a facility fee for medical treatments," and include certain information. SECTION 7. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 1511
89R2019 MPF-F By: Hinojosa, Adam
Health & Human Services
4/7/2025
As Filed
Senate Research Center
S.B. 1511
89R2019 MPF-F
By: Hinojosa, Adam
Health & Human Services
4/7/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Chapter 254, Health and Safety Code, provides for licensing of facilities that hold out as providers of emergency medical care (FECs) so that a patient who presents to the facility expecting emergency care can rely on it to have the personnel and sophisticated equipment needed to deliver that care. The Health and Human Services Commission, the regulator of FECs, interpreted the statute to allow only emergency care at such facilities, even though the doctors, nurses, laboratories, and imaging equipment required for the facilities are fully capable of providing non-emergency care.
This bill allows FECs to provide non-emergency care using the same personnel and equipment as it uses to provide emergency care. This bill will increase access to care and make more efficient use of scarce health care resources. At the same time, this bill protects patients by maintaining the high standards needed to provide emergency when needed while prohibiting FECs from charging facility fees in connection with non-emergency care.
As proposed, S.B. 1511 amends current law relating to the provision of health care services by a freestanding emergency medical care facility and the collection of fees for providing those services.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 254.001, Health and Safety Code, by adding Subdivision (5-a) to define "patient."
SECTION 2. Amends Subchapter A, Chapter 254, Health and Safety Code, by adding Section 254.002, as follows:
Sec. 254.002. PURPOSE; CONSTRUCTION. (a) Sets forth the purpose of Chapter 254 (Freestanding Emergency Medical Care Facility).
(b) Prohibits this chapter, to increase access to and ensure the efficient delivery of health care services in this state, from being 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) Provides that a facility's provision of health care services other than emergency care is governed by the law applicable to those services.
SECTION 3. Amends Subchapter D, Chapter 254, Health and Safety Code, by adding Section 254.152, as follows:
Sec. 254.152. REFERENCE TO FEE OR RATE. Provides that, in Subchapter D (Regulation of Facilities) of this chapter, 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. Amends Section 254.155(a), Health and Safety Code, to require a facility to post notice that states certain information, including that the facility charges rates comparable to a hospital emergency room and is authorized to charge a facility fee only for the provision of emergency care.
SECTION 5. Section 254.1555, Health and Safety Code, by adding Subsection (a-1) to prohibit a facility providing health care services other than emergency care from charging a facility fee for the provision of those services.
SECTION 6. Amends Section 254.156(d), Health and Safety Code, to provide that the disclosure statement required by Section 245.156 (Disclosure Statement Required) meet certain criteria, including that it must, as applicable, state certain disclosures, including "This facility charges a facility fee for emergency care," rather than "This facility charges a facility fee for medical treatments," and include certain information.
SECTION 7. Effective date: September 1, 2025.