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


Senate Research CenterC.S.S.B. 1294
76R11302 MCK-DBy: Zaffirini
Health Services
4/14/1999
Committee Report (Substituted)


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. C.S.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, C.S.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 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, 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., (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.


SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 311.0025, Health and Safety Code, by deleting proposed
changes to Subsection (c). 
 
SECTION 3.

Amends Subsection (4)(G), Section 3.08, Article 4495b, V.T.C.S., by
deleting text regarding any other state or federal law or rule to billing.