| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the operation of the physician-patient relationship |
|
|
with respect to certain medically necessary services. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 74, Civil Practice and Remedies Code, is |
|
|
amended by adding Subchapter L to read as follows: |
|
|
SUBCHAPTER L. MEDICALLY NECESSARY SERVICES |
|
|
Sec. 74.551. DEFINITIONS. In this subchapter: |
|
|
(1) "Medically necessary" means medical services that |
|
|
are supported by documentation which show the services are: |
|
|
(A) reasonable and necessary to prevent illness, |
|
|
medical, or dental conditions, or provide early screening, |
|
|
interventions, or treatments for conditions that cause suffering or |
|
|
pain, cause physical deformity or limitations in function, threaten |
|
|
to cause or worsen a disability, cause illness or infirmity of a |
|
|
patient, or endanger the patient's life; |
|
|
(B) consistent with health care practice |
|
|
guidelines and standards that are issued by professionally |
|
|
recognized health care organizations or governmental agencies; |
|
|
(C) consistent with the diagnoses of the |
|
|
conditions; |
|
|
(D) no more intrusive or restrictive than |
|
|
necessary to provide a proper balance of safety, effectiveness, and |
|
|
efficiency; |
|
|
(E) not experimental or investigative; and |
|
|
(F) not primarily for the convenience of the |
|
|
physician or patient engaged in a physician-patient relationship. |
|
|
(2) "Physician-patient relationship" means a |
|
|
consensual relationship that exists because of a contract, express |
|
|
or implied, that the physician will treat the patient with proper |
|
|
professional skill. |
|
|
Sec. 74.552. EFFECT OF PATIENT CONSENT TO MEDICALLY |
|
|
NECESSARY SERVICES. For purposes of this chapter or any other law, |
|
|
a physician engaged in a physician-patient relationship is not |
|
|
liable in a proceeding conducted under the laws of this state solely |
|
|
for providing medically necessary services to the patient if the |
|
|
physician complies with Subchapter C and the patient consents to |
|
|
the services. |
|
|
SECTION 2. This Act takes effect September 1, 2023. |