By:  Shapiro                                          S.B. No. 1361
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the definitions of terms "emergency medical care,"
    1-2  "emergency care" and "emergency services."
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Article 3.70-2(I), Insurance Code, is amended to
    1-5  read as follows:
    1-6        (I)  An individual or group policy of accident and sickness
    1-7  insurance that provides any emergency care benefit, including
    1-8  policies issued by companies subject to Chapter 20, Insurance Code,
    1-9  delivered or issued for delivery in this state must define
   1-10  emergency care as follows:  'Emergency care' means <bona fide>
   1-11  emergency services provided:
   1-12              (1)  after the recent <sudden> onset of a medical
   1-13  condition manifesting itself by acute symptoms of sufficient
   1-14  severity, including severe pain, such that the absence of immediate
   1-15  medical attention could reasonably be expected by a prudent
   1-16  layperson to result in:
   1-17              (a) <(1)>  placing the <patient's> health of the
   1-18  individual (or, with respect to a pregnant woman, the health of the
   1-19  woman or her unborn child) in serious jeopardy;
   1-20              (b) <(2)>  serious impairment to bodily functions; or
   1-21              (c) <(3)>  serious dysfunction of any bodily organ or
   1-22  part; or
   1-23              (2)  to a pregnant woman who is having contractions,
    2-1  and
    2-2              (a)  there is inadequate time to effect a safe transfer
    2-3  to another hospital before delivery, or
    2-4              (b)  transfer may pose a threat to the health or safety
    2-5  of the woman or the unborn child.
    2-6        SECTION 2.  Article 20A.02(t), Insurance Code, is amended to
    2-7  read as follows:
    2-8        (t)  'Emergency care' means <bona fide> emergency services
    2-9  provided:
   2-10              (1)  after the recent <sudden> onset of a medical
   2-11  condition manifesting itself by acute symptoms of sufficient
   2-12  severity, including severe pain, such that the absence of immediate
   2-13  medical attention could reasonably be expected by a prudent
   2-14  layperson to result in:
   2-15              (A) <(1)>  placing the <patient's> health of the
   2-16  individual (or, with respect to a pregnant woman, the health of the
   2-17  woman or her unborn child) in serious jeopardy;
   2-18              (B) <(2)>  serious impairment to bodily functions; or
   2-19              (C) <(3)>  serious dysfunction of any bodily organ or
   2-20  part; or
   2-21              (2)  to a pregnant woman who is having contractions,
   2-22  and
   2-23              (A)  there is inadequate time to effect a safe transfer
   2-24  to another hospital before delivery, or
   2-25              (B)  transfer may pose a threat to the health or safety
    3-1  of the woman or the unborn child.
    3-2        SECTION 3.  Section 311.021, Health and Safety Code, is
    3-3  amended to read as follows:
    3-4        In this subchapter, 'emergency services' means services that
    3-5  are usually and customarily available at a hospital and that must
    3-6  be provided:
    3-7              (1)  after the recent onset of a medical condition
    3-8  manifesting itself by acute symptoms of sufficient severity,
    3-9  including severe pain, such that the absence of immediate medical
   3-10  attention could reasonably be expected to result in:
   3-11              (A)  placing the health of the individual (or, with
   3-12  respect to a pregnant woman, the health of the woman or her unborn
   3-13  child) in serious jeopardy;
   3-14              (B)  serious impairment to bodily functions; or
   3-15              (C)  serious dysfunction of any bodily organ or part;
   3-16  or
   3-17              (2)  to a pregnant woman who is having contractions,
   3-18  and
   3-19              (A)  there is inadequate time to effect a safe transfer
   3-20  to another hospital before delivery, or
   3-21              (B)  transfer may pose a threat to the health or safety
   3-22  of the woman or the unborn child <immediately to:>
   3-23              <(1)  sustain a person's life;>
   3-24              <(2)  prevent serious permanent disfigurement or loss
   3-25  or impairment of the function or a body part or organ; or>
    4-1              <(3)  provide for the care of a woman in active labor
    4-2  or, if the hospital is not equipped for that service, to provide
    4-3  necessary treatment to allow the woman to travel to a more
    4-4  appropriate facility without undue risk of serious harm>."
    4-5        SECTION 4.  Section 773.003(19), Health and Safety Code, is
    4-6  amended to read as follows:
    4-7              (19)  'Emergency medical care' means <bona fide>
    4-8  emergency services provided:
    4-9              (1)  after the recent <sudden> onset of a medical <or
   4-10  traumatic> condition manifesting itself by acute symptoms of
   4-11  sufficient severity, including severe pain, such that the absence
   4-12  of immediate medical attention could reasonably be expected to
   4-13  result in:
   4-14              (i) <(A)>  placing the <patient's> health of the
   4-15  individual (or, with respect to a pregnant woman, the health of the
   4-16  woman or her unborn child) in serious jeopardy;
   4-17              (ii) <(B)>  serious impairment to bodily functions; or
   4-18              (iii) <(C)>  serious dysfunction of any bodily organ or
   4-19  part; or
   4-20              (B)  to a pregnant woman who is having contractions,
   4-21  and
   4-22              (i)  there is inadequate time to effect a safe transfer
   4-23  to another hospital before delivery, or
   4-24              (ii)  transfer may pose a threat to the health or
   4-25  safety of the woman or the unborn child.
    5-1        SECTION 5.  The importance of this legislation and the
    5-2  crowded condition of the calendars in both houses create an
    5-3  emergency and an imperative public necessity that the
    5-4  constitutional rule requiring bills to be read on three several
    5-5  days in each house be suspended, and this rule is hereby suspended.