HBA-MPM S.B. 1294 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1294 By: Zaffirini Public Health 4/30/1999 Engrossed BACKGROUND AND PURPOSE The Senate Interim Committee on Health and Human Services (committee) recently studied current practices in patient billing by Texas hospitals and health care providers. The committee recommended amending Section 3.08(4)(G), Article 4495b, V.T.C.S. (Texas Medical Practice Act) and Section 5b, Article 4512p, to delete certain language regarding persistently or flagrantly overcharging or overtreating a patient. S.B.1294 amends Section 311.0025 (Audits of Billing), Health and Safety Code, to prohibit improper, unreasonable, or medically unnecessary billing by hospitals or health care professionals. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 311.0025, Health and Safety Code, by adding Subsection (e), to prohibit a licensing agency from taking disciplinary action against a hospital, treatment facility, mental health facility, or health care professional for unknowing and isolated billing errors. SECTION 2. Amends Section 5(b), Article 4512p, V.T.C.S., to prohibit a health care professional from violating Section 311.0025 (Audits of Billing), Health and Safety Code. Deletes text prohibiting the physician from persistently or flagrantly overcharging or overtreating a patient. SECTION 3. Amends Section 3.08, Article 4495b, V.T.C.S., (Medical Practice Act), to authorize the Texas Board of Medical Examiners to refuse to admit persons to its examinations and to issue a license to practice medicine to any person and take disciplinary action against any person for certain reasons, including violating Section 311.0025, Health and Safety Code. Makes conforming changes. SECTION 4. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 5. Emergency clause.