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A BILL TO BE ENTITLED
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AN ACT
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relating to fees and prices charged by freestanding emergency |
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medical care facilities; providing administrative penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 254, Health and Safety |
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Code, is amended by adding Section 254.1555 to read as follows: |
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Sec. 254.1555. CERTAIN FEES PROHIBITED. A facility that |
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provides a health care service, including testing and vaccination, |
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to an individual accessing the service from the individual's |
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vehicle may only charge the individual or a third-party payor a fee |
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for administering the provided service and any related laboratory |
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fees. The facility may not charge the individual or payor any |
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additional fees, including a facility fee, observation fee, or |
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provider fee. |
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SECTION 2. Subchapter D, Chapter 254, Health and Safety |
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Code, is amended by adding Section 254.160 to read as follows: |
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Sec. 254.160. PROHIBITED PRICING PRACTICES DURING DECLARED |
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STATE OF DISASTER. (a) In this section, "unconscionable price" |
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means a price that is more than 200 percent of the average price for |
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the same or a substantially similar product or service provided to |
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other individuals by health care facilities located in the same |
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county or nearest county to the county in which the freestanding |
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emergency medical care facility is located, as applicable, |
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according to data collected by the department under Chapter 108. |
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(b) A facility, during a state of disaster declared under |
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Chapter 418, Government Code, may not: |
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(1) charge an individual an unconscionable price for a |
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product or service provided at the facility; or |
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(2) knowingly or intentionally charge a third-party |
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payor, including a health benefit plan insurer, a price higher than |
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the price charged to an individual for the same product or service |
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based on the payor's liability for payment or partial payment of the |
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product or service. |
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SECTION 3. Subchapter E, Chapter 254, Health and Safety |
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Code, is amended by adding Section 254.207 to read as follows: |
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Sec. 254.207. MANDATORY ENFORCEMENT. Notwithstanding any |
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conflicting provision in this subchapter and except for good cause |
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shown, the Health and Human Services Commission shall impose the |
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following on a person licensed under this chapter who violates |
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Section 254.160 or a rule adopted under that section: |
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(1) for the first violation, an administrative penalty |
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in an amount equal to $10,000; |
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(2) for the second violation: |
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(A) an administrative penalty in an amount equal |
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to $50,000; and |
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(B) a suspension of the person's license for 30 |
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days; and |
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(3) for the third violation, a permanent revocation of |
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the person's license. |
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SECTION 4. This Act takes effect September 1, 2021. |