1 | 1 | | 89R2019 MPF-F |
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2 | 2 | | By: Hinojosa of Nueces S.B. No. 1511 |
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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 the provision of health care services by a freestanding |
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10 | 10 | | emergency medical care facility and the collection of fees for |
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11 | 11 | | providing those services. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Section 254.001, Health and Safety Code, is |
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14 | 14 | | amended by adding Subdivision (5-a) to read as follows: |
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15 | 15 | | (5-a) "Patient" means an individual who seeks or |
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16 | 16 | | receives emergency care at a facility. |
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17 | 17 | | SECTION 2. Subchapter A, Chapter 254, Health and Safety |
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18 | 18 | | Code, is amended by adding Section 254.002 to read as follows: |
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19 | 19 | | Sec. 254.002. PURPOSE; CONSTRUCTION. (a) The purpose of |
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20 | 20 | | this chapter is to protect patients who may be in need of emergency |
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21 | 21 | | care by ensuring that a facility established, operated, or held out |
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22 | 22 | | to the public as a facility regulated under this chapter meets the |
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23 | 23 | | standards for providing emergency care required by this chapter and |
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24 | 24 | | rules adopted under this chapter, including the capacity to |
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25 | 25 | | stabilize and transfer patients. |
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26 | 26 | | (b) To increase access to and ensure the efficient delivery |
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27 | 27 | | of health care services in this state, this chapter may not be |
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28 | 28 | | construed to prohibit the colocation of emergency care and health |
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29 | 29 | | care services other than emergency care at a facility or the dual |
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30 | 30 | | use of a facility's personnel, equipment, supplies, furnishings, |
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31 | 31 | | laboratory, or other property for the provision of health care |
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32 | 32 | | services other than emergency care. |
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33 | 33 | | (c) A facility's provision of health care services other |
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34 | 34 | | than emergency care is governed by the law applicable to those |
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35 | 35 | | services. |
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36 | 36 | | SECTION 3. Subchapter D, Chapter 254, Health and Safety |
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37 | 37 | | Code, is amended by adding Section 254.152 to read as follows: |
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38 | 38 | | Sec. 254.152. REFERENCE TO FEE OR RATE. In this subchapter, |
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39 | 39 | | a reference to a fee or rate means an amount charged to a patient for |
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40 | 40 | | emergency care provided at a facility and includes a facility fee |
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41 | 41 | | related to the provision of that emergency care. |
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42 | 42 | | SECTION 4. Section 254.155(a), Health and Safety Code, is |
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43 | 43 | | amended to read as follows: |
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44 | 44 | | (a) A facility shall post notice that: |
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45 | 45 | | (1) states: |
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46 | 46 | | (A) the facility is a freestanding emergency |
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47 | 47 | | medical care facility; |
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48 | 48 | | (B) the facility charges rates comparable to a |
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49 | 49 | | hospital emergency room and may charge a facility fee only for the |
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50 | 50 | | provision of emergency care; |
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51 | 51 | | (C) a facility or a physician providing medical |
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52 | 52 | | care at the facility may be an out-of-network provider for the |
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53 | 53 | | patient's health benefit plan provider network; and |
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54 | 54 | | (D) a physician providing medical care at the |
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55 | 55 | | facility may bill separately from the facility for the medical care |
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56 | 56 | | provided to a patient; and |
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57 | 57 | | (2) either: |
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58 | 58 | | (A) lists the health benefit plans in which the |
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59 | 59 | | facility is an in-network provider in the health benefit plan's |
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60 | 60 | | provider network; or |
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61 | 61 | | (B) states the facility is an out-of-network |
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62 | 62 | | provider for all health benefit plans. |
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63 | 63 | | SECTION 5. Section 254.1555, Health and Safety Code, is |
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64 | 64 | | amended by adding Subsection (a-1) to read as follows: |
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65 | 65 | | (a-1) A facility providing health care services other than |
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66 | 66 | | emergency care may not charge a facility fee for the provision of |
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67 | 67 | | those services. |
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68 | 68 | | SECTION 6. Section 254.156(d), Health and Safety Code, is |
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69 | 69 | | amended to read as follows: |
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70 | 70 | | (d) The disclosure statement: |
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71 | 71 | | (1) must include: |
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72 | 72 | | (A) the name and contact information of the |
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73 | 73 | | facility; and |
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74 | 74 | | (B) a place for the patient or the patient's |
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75 | 75 | | legally authorized representative and an employee of the facility |
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76 | 76 | | to sign and date the disclosure statement; |
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77 | 77 | | (2) may include information on the facility's |
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78 | 78 | | procedures for seeking reimbursement from the patient's health |
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79 | 79 | | benefit plan; and |
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80 | 80 | | (3) must, as applicable: |
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81 | 81 | | (A) state "This facility charges a facility fee |
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82 | 82 | | for emergency care [medical treatment]" and include: |
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83 | 83 | | (i) the facility's median facility fee; |
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84 | 84 | | (ii) a range of possible facility fees; and |
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85 | 85 | | (iii) the facility fees for each level of |
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86 | 86 | | care provided at the facility; and |
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87 | 87 | | (B) state "This facility charges an observation |
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88 | 88 | | fee for medical treatment" and include: |
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89 | 89 | | (i) the facility's median observation fee; |
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90 | 90 | | (ii) a range of possible observation fees; |
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91 | 91 | | and |
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92 | 92 | | (iii) the observation fees for each level |
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93 | 93 | | of care provided at the facility. |
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94 | 94 | | SECTION 7. This Act takes effect September 1, 2025. |
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