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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 86(R)

House Bill 2041

House Author:  Oliverson et al.

Effective:  9-1-19

Senate Sponsor:  Taylor


            House Bill 2041 amends the Health and Safety Code to require an independent freestanding emergency medical care facility and a hospital‑affiliated freestanding emergency medical care facility to provide to a patient or a patient's legally authorized representative a written disclosure statement listing the facility's observation and facility fees that may result from the patient's visit and the health benefit plans in which the facility is a network provider or stating that the facility is an out‑of‑network provider for all health benefit plans. Among other provisions, the bill prohibits a facility from advertising or holding itself out as a network provider unless the facility is a network provider of a health benefit plan issuer and from posting the name or logo of a health benefit plan issuer in any signage or marketing materials if the facility is an out‑of‑network provider for all of the issuer's health benefit plans and makes a violation of those prohibitions a false, misleading, or deceptive act or practice under the Deceptive Trade Practices‑Consumer Protection Act. Implementation of a provision of this bill by the Health and Human Services Commission and the Department of State Health Services is mandatory only if a specific appropriation is made for that purpose.