SRC-JXG S.B. 1294 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1294
76R9022 MCK-DBy: Zaffirini
Health Services
4/11/1999
As Filed


DIGEST 

Lieutenant Governor Bob Bullock required the Health and Human Services
Interim Committee (committee) to study current practices in patient billing
by Texas hospitals and health care providers. The committee recommended
amending Section 3.08(4)(G), Article 4495, 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 would reference Section 311.0025, Health and Safety
Code, to prohibit improper, unreasonable, or medically unnecessary billing
by hospitals or health care professionals.  
 
PURPOSE

As proposed, S.B. 1294 substitutes certain language regarding hospitals or
health care professionals billing patients. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 311.0025, Health and Safety Code, by amending
Subsection (c) and adding Subsection (e), to authorize the licensing agency
to discipline the hospital, facility, or professional for improperly
billing a single patient or third-party payor. Prohibits 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, Health and Safety
Code. Deletes text regarding persistently or flagrantly overcharging or
overtreating a patient. 

SECTION 3. Amends Section 3.08, Article 4495b, V.T.C.S., 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, or any other state or
federal law or rule related to billing. Makes conforming changes.  

SECTION 4. Effective date: September 1, 1999.
           Makes application of this Act prospective.

SECTION 5. Emergency clause.