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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibited facility fees for telehealth and |
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telemedicine medical services; providing an administrative |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle G, Title 4, Health and Safety Code, is |
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amended by adding Chapter 328 to read as follows: |
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CHAPTER 328. PROHIBITED FACILITY FEES FOR TELEHEALTH AND |
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TELEMEDICINE MEDICAL SERVICES |
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Sec. 328.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Health and Human Services |
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Commission. |
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(2) "Executive commissioner" means the executive |
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commissioner of the commission. |
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(3) "Facility fee" means a fee a health care provider |
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charges that is: |
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(A) intended to compensate the health care |
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provider for operational expenses; and |
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(B) separate from a fee a health care provider |
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charges for professional medical services provided to a patient. |
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(4) "Freestanding emergency medical care facility" |
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has the meaning assigned by Section 254.001. |
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(5) "Health care provider" means an individual, |
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entity, corporation, person, or organization, whether for profit or |
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nonprofit, that provides or bills for the provision of health care |
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services in the normal course of business. The term includes a |
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hospital system, hospital, hospital-based facility, freestanding |
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emergency medical care facility, and urgent care clinic. |
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(6) "Hospital" has the meaning assigned by Section |
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241.003. |
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(7) "Hospital-based facility" means a facility a |
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hospital owns or operates, wholly or partly, at which hospital or |
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professional medical services are provided. |
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(8) "Telehealth service" and "telemedicine medical |
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service" have the meanings assigned by Section 111.001, Occupations |
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Code. |
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Sec. 328.002. PROHIBITED FACILITY FEES. A health care |
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provider may not charge a facility fee for telehealth services or |
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telemedicine medical services. |
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Sec. 328.003. ENFORCEMENT. (a) The commission shall |
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assess an administrative penalty in an amount not to exceed $1,000 |
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against a health care provider that violates this chapter or a rule |
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adopted under this chapter. |
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(b) This section does not create a private cause of action |
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against a provider for legal or equitable relief. |
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Sec. 328.004. RULES. The executive commissioner may adopt |
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rules to implement this chapter. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |