| 1 | 1 | | 89R4690 AB-D |
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| 2 | 2 | | By: Sparks S.B. No. 392 |
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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 prohibited facility fees for telehealth and |
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| 10 | 10 | | telemedicine medical services; providing an administrative |
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| 11 | 11 | | penalty. |
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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. Subtitle G, Title 4, Health and Safety Code, is |
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| 14 | 14 | | amended by adding Chapter 328 to read as follows: |
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| 15 | 15 | | CHAPTER 328. PROHIBITED FACILITY FEES FOR TELEHEALTH AND |
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| 16 | 16 | | TELEMEDICINE MEDICAL SERVICES |
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| 17 | 17 | | Sec. 328.001. DEFINITIONS. In this chapter: |
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| 18 | 18 | | (1) "Commission" means the Health and Human Services |
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| 19 | 19 | | Commission. |
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| 20 | 20 | | (2) "Executive commissioner" means the executive |
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| 21 | 21 | | commissioner of the commission. |
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| 22 | 22 | | (3) "Facility fee" means a fee a health care provider |
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| 23 | 23 | | charges that is: |
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| 24 | 24 | | (A) intended to compensate the health care |
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| 25 | 25 | | provider for operational expenses; and |
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| 26 | 26 | | (B) separate from a fee a health care provider |
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| 27 | 27 | | charges for professional medical services provided to a patient. |
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| 28 | 28 | | (4) "Freestanding emergency medical care facility" |
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| 29 | 29 | | has the meaning assigned by Section 254.001. |
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| 30 | 30 | | (5) "Health care provider" means an individual, |
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| 31 | 31 | | entity, corporation, person, or organization, whether for profit or |
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| 32 | 32 | | nonprofit, that provides or bills for the provision of health care |
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| 33 | 33 | | services in the normal course of business. The term includes a |
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| 34 | 34 | | hospital system, hospital, hospital-based facility, freestanding |
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| 35 | 35 | | emergency medical care facility, and urgent care clinic. |
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| 36 | 36 | | (6) "Hospital" has the meaning assigned by Section |
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| 37 | 37 | | 241.003. |
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| 38 | 38 | | (7) "Hospital-based facility" means a facility a |
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| 39 | 39 | | hospital owns or operates, wholly or partly, at which hospital or |
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| 40 | 40 | | professional medical services are provided. |
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| 41 | 41 | | (8) "Telehealth service" and "telemedicine medical |
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| 42 | 42 | | service" have the meanings assigned by Section 111.001, Occupations |
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| 43 | 43 | | Code. |
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| 44 | 44 | | Sec. 328.002. PROHIBITED FACILITY FEES. A health care |
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| 45 | 45 | | provider may not charge a facility fee for telehealth services or |
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| 46 | 46 | | telemedicine medical services. |
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| 47 | 47 | | Sec. 328.003. ENFORCEMENT. (a) The commission shall |
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| 48 | 48 | | assess an administrative penalty in an amount not to exceed $1,000 |
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| 49 | 49 | | against a health care provider that violates this chapter or a rule |
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| 50 | 50 | | adopted under this chapter. |
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| 51 | 51 | | (b) This section does not create a private cause of action |
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| 52 | 52 | | against a provider for legal or equitable relief. |
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| 53 | 53 | | Sec. 328.004. RULES. The executive commissioner may adopt |
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| 54 | 54 | | rules to implement this chapter. |
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| 55 | 55 | | SECTION 2. This Act takes effect immediately if it receives |
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| 56 | 56 | | a vote of two-thirds of all the members elected to each house, as |
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| 57 | 57 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 58 | 58 | | Act does not receive the vote necessary for immediate effect, this |
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| 59 | 59 | | Act takes effect September 1, 2025. |
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