By: Bailey H.B. No. 233
73R1604 KLL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to cost estimates for procedures and services by hospitals
1-3 and nursing homes and to reports on the status of health care
1-4 services.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter A, Chapter 241, Health and Safety
1-7 Code, is amended by adding Sections 241.006 and 241.007 to read as
1-8 follows:
1-9 Sec. 241.006. COST ESTIMATE. (a) The commissioner of
1-10 health shall require hospitals to publish cost estimates for
1-11 procedures and services provided by the hospital.
1-12 (b) The commissioner shall require hospitals to furnish a
1-13 written estimate to a prospective patient of the average charges
1-14 for health services related to a particular diagnostic condition or
1-15 medical procedure to be provided by the hospital to the prospective
1-16 patient.
1-17 (c) When a hospital provides cost estimates, a request for
1-18 an estimate by a prospective patient must be in writing and include
1-19 in the request a written medical diagnosis made by a health care
1-20 practitioner licensed to provide the diagnosis. A hospital may
1-21 require the prospective patient to provide the hospital with
1-22 information about the prospective patient's age and gender and any
1-23 other information that will allow the hospital to provide a more
1-24 accurate estimate.
2-1 (d) A hospital shall provide cost estimates of health care
2-2 services under this section by providing notice to the public that
2-3 the hospital will provide an estimate of charges for diagnostic
2-4 conditions or medical procedures. Notice may be given by posting a
2-5 statement of the procedure for requesting a cost estimate in a
2-6 public area of the hospital.
2-7 (e) A hospital shall provide cost estimates of health care
2-8 services under this section by publishing a notice of the service
2-9 in any advertisement or promotional material of the hospital.
2-10 Sec. 241.007. REPORT. The commissioner of health shall
2-11 prepare a report regarding the status and operations of hospitals
2-12 in the state. The report must be submitted to the governor and
2-13 legislature not later than February 1 of each odd-numbered year.
2-14 The report must contain information, analysis, and recommendations
2-15 concerning:
2-16 (1) the status of the health care cost problem,
2-17 including the costs faced by employers and individuals;
2-18 (2) the status of competitive forces in the market for
2-19 health services, the market for health plans, and the effect of
2-20 competitive forces on the health care cost problem;
2-21 (3) the feasibility and cost-effectiveness of
2-22 facilitating development of strengthened competitive forces through
2-23 state initiatives;
2-24 (4) the feasibility of limiting health care costs by
2-25 means other than competitive forces, including direct forms of
2-26 government intervention, such as price regulation;
2-27 (5) the overall status of access to adequate health
3-1 services by citizens of the state, the scope of financial and
3-2 geographic barriers to access, the effect of competitive forces on
3-3 access, and the prospects for access to health care services
3-4 improving or degenerating; and
3-5 (6) the feasibility and cost-effectiveness of
3-6 enhancing access to adequate health services for citizens of Texas
3-7 through state initiatives.
3-8 SECTION 2. Subchapter A, Chapter 242, Health and Safety
3-9 Code, is amended by adding Sections 242.015 and 242.016 to read as
3-10 follows:
3-11 Sec. 242.015. COST ESTIMATE. (a) The commissioner of
3-12 health shall require nursing homes to publish cost estimates for
3-13 procedures and services provided by the nursing home.
3-14 (b) The commissioner shall require nursing homes to furnish
3-15 a written estimate to a prospective patient of the average charges
3-16 for health services related to a particular diagnostic condition or
3-17 medical procedure to be provided by the nursing home to the
3-18 prospective patient.
3-19 (c) When a hospital provides cost estimates, a request for
3-20 an estimate by a prospective patient must be in writing and include
3-21 in the request a written medical diagnosis made by a health care
3-22 practitioner licensed to provide the diagnosis. A nursing home may
3-23 require the prospective patient to provide the nursing home with
3-24 information about the prospective patient's age and gender and any
3-25 other information that will allow the nursing home to provide a
3-26 more accurate estimate.
3-27 (d) A nursing home shall provide cost estimates of health
4-1 care services under this section by providing notice to the public
4-2 that the nursing home will provide an estimate of charges for
4-3 diagnostic conditions or medical procedures. Notice may be given
4-4 by posting a statement of the procedure for requesting a cost
4-5 estimate in a public area of the nursing home.
4-6 (e) A nursing home shall provide cost estimates of health
4-7 care services under this section by publishing a notice of the
4-8 service in any advertisement or promotional material of the nursing
4-9 home.
4-10 Sec. 242.016. REPORT. The commissioner of health shall
4-11 prepare a report regarding the status and operations of nursing
4-12 homes in the state. The report must be submitted to the governor
4-13 and legislature not later than February 1 of each odd-numbered
4-14 year. The report must contain information, analysis, and
4-15 recommendations concerning:
4-16 (1) the status of the health care cost problem,
4-17 including the costs faced by employers and individuals;
4-18 (2) the status of competitive forces in the market for
4-19 health services, the market for health plans, and the effect of
4-20 competitive forces on the health care cost problem;
4-21 (3) the feasibility and cost-effectiveness of
4-22 facilitating development of strengthened competitive forces through
4-23 state initiatives;
4-24 (4) the feasibility of limiting health care costs by
4-25 means other than competitive forces, including direct forms of
4-26 government intervention, such as price regulation;
4-27 (5) the overall status of access to adequate health
5-1 services by citizens of the state, the scope of financial and
5-2 geographic barriers to access, the effect of competitive forces on
5-3 access, and the prospects for access to health care services
5-4 improving or degenerating; and
5-5 (6) the feasibility and cost-effectiveness of
5-6 enhancing access to adequate health services for citizens of Texas
5-7 through state initiatives.
5-8 SECTION 3. This Act takes effect September 1, 1993.
5-9 SECTION 4. The importance of this legislation and the
5-10 crowded condition of the calendars in both houses create an
5-11 emergency and an imperative public necessity that the
5-12 constitutional rule requiring bills to be read on three several
5-13 days in each house be suspended, and this rule is hereby suspended.