Texas 2025 - 89th Regular

Texas Senate Bill SB331 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Kolkhorst S.B. No. 331
	2	+	(In the Senate - Filed November 13, 2024; February 3, 2025,
	3	+	read first time and referred to Committee on Health & Human
	4	+	Services; April 14, 2025, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 9, Nays 0;
	6	+	April 14, 2025, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 331 By: Kolkhorst
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6	13		A BILL TO BE ENTITLED
7	14		AN ACT
8	15		relating to the disclosure of health care cost information by
9	16		certain health care facilities; imposing an administrative
10	17		penalty.
11	18		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	19		SECTION 1. Section 327.001(7), Health and Safety Code, is
13	20		amended to read as follows:
14	21		(7) "Facility" means:
15	22		(A) a hospital, including:
16	23		(i) a general hospital;
17	24		(ii) a special hospital;
18	25		(iii) a mental hospital;
19	26		(iv) a hospital that operates a crisis
20	27		stabilization unit;
21	28		(v) a limited services rural hospital; or
22	29		(vi) a hospital operating under a
23	30		certificate of public advantage under Chapter 314 or 314A;
24	31		(B) an abortion facility;
25	32		(C) an ambulatory surgical center;
26	33		(D) a birthing center;
27		-	(E) a chemical dependency treatment facility;
28		-	(F) an end stage renal disease facility;
29		-	(G) a freestanding emergency medical care
	34	+	(E) a facility registered on the burial or
	35	+	cremation assistance registry under Section 697.005;
	36	+	(F) a chemical dependency treatment facility;
	37	+	(G) a community mental health center;
	38	+	(H) a comprehensive outpatient rehabilitation
30	39		facility;
31		-	(H) a narcotic drug treatment program; or
32		-	(I) a special care facility [licensed under
33		-	Chapter 241].
	40	+	(I) an end stage renal disease facility;
	41	+	(J) a freestanding emergency medical care
	42	+	facility;
	43	+	(K) a laboratory subject to the Clinical
	44	+	Laboratory Improvement Amendments of 1988 (42 U.S.C. Section 263a);
	45	+	(L) a narcotic drug treatment program;
	46	+	(M) an outpatient clinic, rehabilitation agency,
	47	+	or public health agency that provides outpatient physical therapy
	48	+	and speech pathology services;
	49	+	(N) a facility the commission regulates that
	50	+	administers drugs the Texas Health and Human Services Psychiatric
	51	+	Drug Formulary approves for use;
	52	+	(O) a rural health clinic;
	53	+	(P) a special care facility; or
	54	+	(Q) a supplier of portable x-ray services
	55	+	[licensed under Chapter 241].
34	56		SECTION 2. Chapter 327, Health and Safety Code, is amended
35	57		by adding Section 327.0015 to read as follows:
36	58		Sec. 327.0015. APPLICABILITY. This chapter applies only to
37	59		a facility with a total gross revenue of $7 million or more.
38	60		SECTION 3. Sections 327.008(a), (c), and (d), Health and
39	61		Safety Code, are amended to read as follows:
40	62		(a) The commission may impose an administrative penalty on a
41	63		facility [in accordance with Chapter 241] if the facility fails to:
42	64		(1) respond to the commission's request to submit a
43	65		corrective action plan; or
44	66		(2) comply with the requirements of a corrective
45	67		action plan submitted to the commission.
46	68		(c) For a facility with one of the following total gross
47	69		revenues [as reported to the Centers for Medicare and Medicaid
48	70		Services or to another entity designated by commission rule in the
49	71		year preceding the year in which a penalty is imposed], the penalty
50	72		imposed by the commission may not exceed:
51	73		(1) [$10 for each day the facility violated this
52	74		chapter, if the facility's total gross revenue is less than
53	75		$10,000,000;
54	76		[(2)] $100 for each day the facility violated this
55	77		chapter, if the facility's total gross revenue is $7,000,000
56	78		[$10,000,000] or more and less than $100,000,000; and
57	79		(2) [(3)] $1,000 for each day the facility violated
58	80		this chapter, if the facility's total gross revenue is $100,000,000
59	81		or more.
60	82		(d) Each day a violation continues is considered a separate
61	83		violation. A cumulative administrative penalty may not exceed the
62	84		applicable daily amount provided by Subsection (c).
63	85		SECTION 4. A health care facility required to disclose
64	86		billing information as a result of the amendment to Chapter 327,
65	87		Health and Safety Code, by this Act is not required to disclose
66		-	information in accordance with that chapter until August 31, ~~2029~~.
	88	+	information in accordance with that chapter until August 31, 2027.
67	89		SECTION 5. Section 327.008, Health and Safety Code, as
68	90		amended by this Act, applies only to a violation that occurs on or
69	91		after the effective date of this Act. A violation that occurs
70	92		before the effective date of this Act is governed by the law as it
71	93		existed on the date the violation occurred, and that law is
72	94		continued in effect for that purpose.
73	95		SECTION 6. This Act takes effect immediately if it receives
74	96		a vote of two-thirds of all the members elected to each house, as
75	97		provided by Section 39, Article III, Texas Constitution. If this
76	98		Act does not receive the vote necessary for immediate effect, this
77	99		Act takes effect September 1, 2025.
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