By Madla                                               S.B. No. 830
         76R6633 MCK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to billing policies of certain health care professionals
 1-3     and facilities; providing administrative penalties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 241.154(d), Health and Safety Code, is
 1-6     amended to read as follows:
 1-7           (d)  A hospital may not charge a fee for:
 1-8                 (1)  providing health care information under Subsection
 1-9     (b) to the extent the fee is prohibited under Subchapter M, Chapter
1-10     161;
1-11                 (2)  a patient to examine the patient's own health care
1-12     information;
1-13                 (3)  providing an itemized statement of billed services
1-14     to a patient or third-party payor, except as provided under Section
1-15     311.002(f) [311.002(e)]; or
1-16                 (4)  health care information relating to treatment or
1-17     hospitalization for which workers' compensation benefits are being
1-18     sought, except to the extent permitted under Chapter 408, Labor
1-19     Code.
1-20           SECTION 2.  Section 311.002, Health and Safety Code, is
1-21     amended to read as follows:
1-22           Sec. 311.002.  ITEMIZED STATEMENT OF BILLED SERVICES.  (a)
1-23     Each hospital shall develop, implement, and enforce a written
1-24     policy for the billing of hospital services and supplies.  The
 2-1     policy must include:
 2-2                 (1)  a periodic review of the itemized statements
 2-3     required by Subsection (b); and
 2-4                 (2)  a procedure for handling complaints relating to
 2-5     billed services.
 2-6           (b)  Not later than the 30th [10th] business day after the
 2-7     date of the hospital discharge of a person who receives hospital
 2-8     services, the hospital shall provide on request [have available] an
 2-9     itemized statement of the billed services provided to the person.
2-10     The itemized statement must:
2-11                 (1)  be printed in a conspicuous manner;
2-12                 (2)  list the date services and supplies were provided;
2-13                 (3)  state whether:
2-14                       (A)  a claim has been submitted to a third party
2-15     payor; and
2-16                       (B)  a third party payor has paid the claim;
2-17                 (4)  if payment is not required, state that payment is
2-18     not required:
2-19                       (A)  in a typeface that is bold-faced,
2-20     capitalized, underlined, or otherwise set out from surrounding
2-21     written material; or
2-22                       (B)  by other reasonable means so as to be
2-23     conspicuous that payment is not required; and
2-24                 (5)  contain the telephone number of the facility to
2-25     call for an explanation of acronyms, abbreviations, and numbers
2-26     used to describe the services provided or supplies used or any
2-27     other questions regarding the bill.
 3-1           (c) [(b)]  Before a person is discharged from a hospital, the
 3-2     hospital shall inform the person of the availability of the
 3-3     statement.
 3-4           (d) [(c)]  To be entitled to receive a statement, a person
 3-5     must request the statement not later than one year after the date
 3-6     on which the  person is discharged from the hospital.  The hospital
 3-7     shall provide the statement to the person not later than the 30th
 3-8     [10th] day after the date on which the person requests the
 3-9     statement.
3-10           (e) [(d)]  A hospital shall provide an itemized statement of
3-11     billed services to a third party payor who is actually or
3-12     potentially responsible for paying all or part of the billed
3-13     services provided to a patient and who has received a claim for
3-14     payment of those services.  To be entitled to receive a statement,
3-15     the third party payor must request the statement from the hospital
3-16     and must have received a claim for payment.  The request must be
3-17     made not later than one year after the date on which the payor
3-18     received the claim for payment.  The hospital shall provide the
3-19     statement to the payor not later than the 30th [10th] day after the
3-20     date on which the payor requests the statement.  If a third party
3-21     payor receives a claim for payment of part but not all of the
3-22     billed services, the third party payor may request an itemized
3-23     statement of only the billed services for which payment is claimed
3-24     or to which any deduction or copayment applies.
3-25           (f) [(e)]  If a person, including a third party payor,
3-26     requests more than two copies of the statement, the hospital may
3-27     charge a reasonable fee for the third and subsequent copies
 4-1     provided to that person.  The fee may not exceed the hospital's
 4-2     cost to copy, process, and deliver the copy to the person.
 4-3           (g) [(f)]  The Texas Department of Health or other
 4-4     appropriate licensing agency may enforce this section by assessing
 4-5     an administrative penalty, obtaining an injunction, or providing
 4-6     [by] any other appropriate remedy, including suspending, revoking,
 4-7     or refusing to renew a hospital's license.
 4-8           (h) [(g)]  In this section, "hospital" includes:
 4-9                 (1)  a hospital licensed under Chapter 241;
4-10                 (2)  a treatment facility licensed under Chapter 464;
4-11     and
4-12                 (3) [(2)]  a mental health facility licensed under
4-13     Chapter 577.
4-14           (i) [(h)]  This section does not apply to a hospital
4-15     maintained or operated by the federal government.
4-16           SECTION 3.  Section 311.0025, Health and Safety Code, is
4-17     amended by adding Subsection (e) to read as follows:
4-18           (e)  A licensing agency may not take disciplinary action
4-19     against a hospital, treatment facility, mental health facility, or
4-20     health care professional for unknowing and isolated billing errors.
4-21           SECTION 4.  Section 5(b), Article 4512p, Revised Statutes, is
4-22     amended to read as follows:
4-23           (b)  A health care professional may not violate Section
4-24     311.0025, Health and Safety Code [persistently or flagrantly
4-25     overcharge or overtreat a patient].
4-26           SECTION 5.  Section 3.08, Medical Practice Act (Article
4-27     4495b, Vernon's Texas Civil Statutes), is amended to read as
 5-1     follows:
 5-2           Sec. 3.08.  GROUNDS FOR REFUSAL TO ADMIT PERSONS TO
 5-3     EXAMINATION AND TO ISSUE LICENSE AND RENEWAL LICENSE AND FOR
 5-4     DISCIPLINARY ACTION.  The board may refuse to admit persons to its
 5-5     examinations and to issue a license to practice medicine to any
 5-6     person and may take disciplinary action against any person for any
 5-7     of the following reasons:
 5-8                 (1)  submission of a false or misleading statement,
 5-9     document, or certificate to the board in an application for
5-10     examination or licensure;  the presentation to the board of any
5-11     license, certificate, or diploma that was illegally or fraudulently
5-12     obtained;  the practice of fraud or deception in taking or passing
5-13     an examination;
5-14                 (2)  conviction of a crime of the grade of a felony or
5-15     a crime of a lesser degree that involves moral turpitude;
5-16                 (3)  intemperate use of alcohol or drugs that, in the
5-17     opinion of the board, could endanger the lives of patients;
5-18                 (4)  unprofessional or dishonorable conduct that is
5-19     likely to deceive or defraud the public or injure the public.
5-20     Unprofessional or dishonorable conduct likely to deceive or defraud
5-21     the public includes but is not limited to the following acts:
5-22                       (A)  committing any act that is in violation of
5-23     the laws of the State of Texas if the act is connected with the
5-24     physician's practice of medicine.  A complaint, indictment, or
5-25     conviction of a law violation is not necessary for the enforcement
5-26     of this provision.  Proof of the commission of the act while in the
5-27     practice of medicine or under the guise of the practice of medicine
 6-1     is sufficient for action by the board under this section;
 6-2                       (B)  failing to keep complete and accurate
 6-3     records of purchases and disposals of drugs listed in Chapter 481,
 6-4     Health and Safety Code, or of controlled substances scheduled in
 6-5     the Federal Comprehensive Drug Abuse Prevention and Control Act of
 6-6     1970, 21 U.S.C.A. Section 801 et seq.  (Public Law 91-513).  A
 6-7     physician shall keep records of his purchases and disposals of
 6-8     these drugs to include without limitation the date of purchase, the
 6-9     sale or disposal of the drugs by the physician, the name and
6-10     address of the person receiving the drugs, and the reason for the
6-11     disposing or dispensing of the drugs to the person.  A failure to
6-12     keep the records for a reasonable time is grounds for revoking,
6-13     canceling, suspending, or probating the license of any practitioner
6-14     of medicine.  The board or its representative may enter and inspect
6-15     a physician's place(s) of practice during reasonable business hours
6-16     for the purpose of verifying the correctness of these records and
6-17     of taking inventory of the prescription drugs on hand;
6-18                       (C)  writing prescriptions for or dispensing to a
6-19     person known to be an abuser of narcotic drugs, controlled
6-20     substances, or dangerous drugs or to a person who the physician
6-21     should have known was an abuser of the narcotic drugs, controlled
6-22     substances, or dangerous drugs.  This provision does not apply to
6-23     those persons:
6-24                             (i)  being treated by the physician for
6-25     their narcotic use after the physician notifies the board in
6-26     writing of the name and address of the person being so treated; or
6-27                             (ii)  who the physician is treating for
 7-1     intractable pain under the Intractable Pain Treatment Act (Article
 7-2     4495c, Revised Statutes) and its subsequent amendments;
 7-3                       (D)  writing false or fictitious prescriptions
 7-4     for dangerous drugs as defined by Chapter 483, Health and Safety
 7-5     Code, of controlled substances scheduled in the Texas Controlled
 7-6     Substances Act (Chapter 481, Health and Safety Code), or of
 7-7     controlled substances scheduled in the Federal Comprehensive Drug
 7-8     Abuse Prevention and Control Act of 1970, 21 U.S.C.A. Section 801
 7-9     et seq.  (Public Law 91-513);
7-10                       (E)  prescribing or administering a drug or
7-11     treatment that is nontherapeutic in nature or nontherapeutic in the
7-12     manner the drug or treatment is administered or prescribed;
7-13                       (F)  prescribing, administering, or dispensing in
7-14     a manner not consistent with public health and welfare dangerous
7-15     drugs as defined by Chapter 483, Health and Safety Code, controlled
7-16     substances scheduled in the Texas Controlled Substances Act
7-17     (Chapter 481, Health and Safety Code), or controlled substances
7-18     scheduled in the Federal Comprehensive Drug Abuse Prevention and
7-19     Control Act of 1970, 21 U.S.C.A. Section 801 et seq.  (Public Law
7-20     91-513);
7-21                       (G)  violating Section 311.0025, Health and
7-22     Safety Code, or any other state or federal law or rule related to
7-23     billing [persistently or flagrantly overcharging or overtreating
7-24     patients];
7-25                       (H)  failing to supervise adequately the
7-26     activities of those acting under the supervision of the physician;
7-27     or
 8-1                       (I)  delegating professional medical
 8-2     responsibility or acts to a person if the delegating physician
 8-3     knows or has reason to know that the person is not qualified by
 8-4     training, experience, or licensure to perform the responsibility or
 8-5     acts;
 8-6                 (5)  violation or attempted violation, direct or
 8-7     indirect, of any valid rules issued under this Act, either as a
 8-8     principal, accessory, or accomplice;
 8-9                 (6)  use of any advertising statement that is false,
8-10     misleading, or deceptive;
8-11                 (7)  advertising professional superiority or the
8-12     performance of professional service in a superior manner if the
8-13     advertising is not readily subject to verification;
8-14                 (8)  purchase, sale, barter, or use or any offer to
8-15     purchase, sell, barter, or use any medical degree, license,
8-16     certificate, diploma, or transcript of license, certificate, or
8-17     diploma in or incident to an application to the board for a license
8-18     to practice medicine;
8-19                 (9)  altering, with fraudulent intent, any medical
8-20     license, certificate, diploma, or transcript of a medical license,
8-21     certificate, or diploma;
8-22                 (10)  using any medical license, certificate, diploma,
8-23     or transcript of a medical license, certificate, or diploma that
8-24     has been fraudulently purchased, issued, or counterfeited or that
8-25     has been materially altered;
8-26                 (11)  impersonating or acting as proxy for another in
8-27     any examination required by this Act for a medical license; or
 9-1     engaging in conduct which subverts or attempts to subvert any
 9-2     examination process required by this Act for a medical license.
 9-3     Conduct which subverts or attempts to subvert the medical licensing
 9-4     examination process includes, but is not limited to:
 9-5                       (A)  conduct which violates the security of the
 9-6     examination materials, as prescribed by board rules;
 9-7                       (B)  conduct which violates the standard of test
 9-8     administration, as prescribed by board rules; or
 9-9                       (C)  conduct which violates the accreditation
9-10     process, as prescribed by board rules;
9-11                 (12)  impersonating a licensed practitioner or
9-12     permitting or allowing another to use his license or certificate to
9-13     practice medicine in this state for the purpose of diagnosing,
9-14     treating, or offering to treat sick, injured, or afflicted human
9-15     beings;
9-16                 (13)  employing, directly or indirectly, any person
9-17     whose license to practice medicine has been suspended, canceled, or
9-18     revoked or association in the practice of medicine with any person
9-19     or persons whose license to practice medicine has been suspended,
9-20     canceled, or revoked or any person who has been convicted of the
9-21     unlawful practice of medicine in Texas or elsewhere;
9-22                 (14)  performing or procuring a criminal abortion or
9-23     aiding or abetting in the procuring of a criminal abortion or
9-24     attempting to perform or procure a criminal abortion or attempting
9-25     to aid or abet the performance or procurement of a criminal
9-26     abortion;
9-27                 (15)  aiding or abetting, directly or indirectly, the
 10-1    practice of medicine by any person, partnership, association, or
 10-2    corporation not duly licensed to practice medicine by the board;
 10-3                (16)  inability to practice medicine with reasonable
 10-4    skill and safety to patients by reason of illness, drunkenness,
 10-5    excessive use of drugs, narcotics, chemicals, or any other type of
 10-6    material or as a result of any mental or physical condition.  In
 10-7    enforcing this subdivision the board shall, upon probable cause,
 10-8    request a physician to submit to a mental or physical examination
 10-9    by physicians designated by the board.  If the physician refuses to
10-10    submit to the examination, the board shall issue an order requiring
10-11    the physician to show cause why he should not be required to submit
10-12    to the examination and shall schedule a hearing on the order within
10-13    30 days after notice is served on the physician.  The physician
10-14    shall be notified by either personal service or certified mail with
10-15    return receipt requested.  At the hearing, the physician and his
10-16    attorney are entitled to present any testimony and other evidence
10-17    to show why the physician should not be required to submit to the
10-18    examination.  After a complete hearing, the board shall issue an
10-19    order either requiring the physician to submit to the examination
10-20    or withdrawing the request for examination.  An appeal from the
10-21    decision of the board shall be taken under the Administrative
10-22    Procedure Act;
10-23                (17)  judgment by a court of competent jurisdiction
10-24    that a person licensed to practice medicine is of unsound mind;
10-25                (18)  professional failure to practice medicine in an
10-26    acceptable manner consistent with public health and welfare;
10-27                (19)  being removed, suspended, or having disciplinary
 11-1    action taken by his peers in any professional medical association
 11-2    or society, whether the association or society is local, regional,
 11-3    state, or national in scope, or being disciplined by a licensed
 11-4    hospital or medical staff of a hospital, including removal,
 11-5    suspension, limitation of hospital privileges, or other
 11-6    disciplinary action, if that action in the opinion of the board was
 11-7    based on unprofessional conduct or professional incompetence that
 11-8    was likely to harm the public, provided that the board finds that
 11-9    the actions were appropriate and reasonably supported by evidence
11-10    submitted to it.  The action does not constitute state action on
11-11    the part of the association, society, or hospital medical staff;
11-12                (20)  repeated or recurring meritorious health-care
11-13    liability claims that in the opinion of the board evidence
11-14    professional incompetence likely to injure the public; or
11-15                (21)  suspension, revocation, restriction, or other
11-16    disciplinary action by another state of a license to practice
11-17    medicine, or disciplinary action by the uniformed services of the
11-18    United States, based upon acts by the licensee similar to acts
11-19    described in this section.  A certified copy of the record of the
11-20    state taking the action is conclusive evidence of it.
11-21          SECTION 6.  This Act takes effect September 1, 1999, and
11-22    applies only to acts or omissions occurring on or after that date.
11-23          SECTION 7.  The importance of this legislation and the
11-24    crowded condition of the calendars in both houses create an
11-25    emergency and an imperative public necessity that the
11-26    constitutional rule requiring bills to be read on three several
11-27    days in each house be suspended, and this rule is hereby suspended.