Texas 2025 - 89th Regular

Texas Senate Bill SB1511 Compare Versions

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11 89R2019 MPF-F
22 By: Hinojosa of Nueces S.B. No. 1511
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the provision of health care services by a freestanding
1010 emergency medical care facility and the collection of fees for
1111 providing those services.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1313 SECTION 1. Section 254.001, Health and Safety Code, is
1414 amended by adding Subdivision (5-a) to read as follows:
1515 (5-a) "Patient" means an individual who seeks or
1616 receives emergency care at a facility.
1717 SECTION 2. Subchapter A, Chapter 254, Health and Safety
1818 Code, is amended by adding Section 254.002 to read as follows:
1919 Sec. 254.002. PURPOSE; CONSTRUCTION. (a) The purpose of
2020 this chapter is to protect patients who may be in need of emergency
2121 care by ensuring that a facility established, operated, or held out
2222 to the public as a facility regulated under this chapter meets the
2323 standards for providing emergency care required by this chapter and
2424 rules adopted under this chapter, including the capacity to
2525 stabilize and transfer patients.
2626 (b) To increase access to and ensure the efficient delivery
2727 of health care services in this state, this chapter may not be
2828 construed to prohibit the colocation of emergency care and health
2929 care services other than emergency care at a facility or the dual
3030 use of a facility's personnel, equipment, supplies, furnishings,
3131 laboratory, or other property for the provision of health care
3232 services other than emergency care.
3333 (c) A facility's provision of health care services other
3434 than emergency care is governed by the law applicable to those
3535 services.
3636 SECTION 3. Subchapter D, Chapter 254, Health and Safety
3737 Code, is amended by adding Section 254.152 to read as follows:
3838 Sec. 254.152. REFERENCE TO FEE OR RATE. In this subchapter,
3939 a reference to a fee or rate means an amount charged to a patient for
4040 emergency care provided at a facility and includes a facility fee
4141 related to the provision of that emergency care.
4242 SECTION 4. Section 254.155(a), Health and Safety Code, is
4343 amended to read as follows:
4444 (a) A facility shall post notice that:
4545 (1) states:
4646 (A) the facility is a freestanding emergency
4747 medical care facility;
4848 (B) the facility charges rates comparable to a
4949 hospital emergency room and may charge a facility fee only for the
5050 provision of emergency care;
5151 (C) a facility or a physician providing medical
5252 care at the facility may be an out-of-network provider for the
5353 patient's health benefit plan provider network; and
5454 (D) a physician providing medical care at the
5555 facility may bill separately from the facility for the medical care
5656 provided to a patient; and
5757 (2) either:
5858 (A) lists the health benefit plans in which the
5959 facility is an in-network provider in the health benefit plan's
6060 provider network; or
6161 (B) states the facility is an out-of-network
6262 provider for all health benefit plans.
6363 SECTION 5. Section 254.1555, Health and Safety Code, is
6464 amended by adding Subsection (a-1) to read as follows:
6565 (a-1) A facility providing health care services other than
6666 emergency care may not charge a facility fee for the provision of
6767 those services.
6868 SECTION 6. Section 254.156(d), Health and Safety Code, is
6969 amended to read as follows:
7070 (d) The disclosure statement:
7171 (1) must include:
7272 (A) the name and contact information of the
7373 facility; and
7474 (B) a place for the patient or the patient's
7575 legally authorized representative and an employee of the facility
7676 to sign and date the disclosure statement;
7777 (2) may include information on the facility's
7878 procedures for seeking reimbursement from the patient's health
7979 benefit plan; and
8080 (3) must, as applicable:
8181 (A) state "This facility charges a facility fee
8282 for emergency care [medical treatment]" and include:
8383 (i) the facility's median facility fee;
8484 (ii) a range of possible facility fees; and
8585 (iii) the facility fees for each level of
8686 care provided at the facility; and
8787 (B) state "This facility charges an observation
8888 fee for medical treatment" and include:
8989 (i) the facility's median observation fee;
9090 (ii) a range of possible observation fees;
9191 and
9292 (iii) the observation fees for each level
9393 of care provided at the facility.
9494 SECTION 7. This Act takes effect September 1, 2025.