C.S.H.B. 3000 78(R)    BILL ANALYSIS


C.S.H.B. 3000
By: Capelo
Business & Industry
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

This bill addresses the eligibility for reimbursement of certified and
licensed surgical first assistants. A surgical first assistant is a
healthcare professional who stands across from the surgeon during surgery
and assists the surgeon.  Surgical first assistants in Texas routinely
bill third party payers for their services.  

Last session, the Texas Legislature created a license for surgical
assistants in HB 1183, designated them as eligible providers under the
Insurance Code, and made them eligible for state Medicaid reimbursement,
but, inadvertently, did not cover workers compensation reimbursement.  

Surgical assistants had routinely been paid in Texas for workers
compensation cases.   See modifier 85 under the 1996 Medical Fee
Guidelines of the Texas Workers Compensation Commission that provides for
reimbursement of certified surgical technologist/certified first assistant
(CST/CFA). However, when the TWCC recently adopted new fee guidelines
based on Medicare, surgical assistants were left out because they are not
currently reimbursed under Federal Medicare. 

Registered nurse first assistants (RNFAs) perform the identical function
of the CST/CFA and licensed surgical assistants during surgery.  RNFAs are
expressly authorized to be reimbursed in workers compensation cases
pursuant to Section 408.029, Labor Code.  It is neither consistent nor
logical to exclude non-nurse first assistants from reimbursement under the
workers compensation system. 

They are several reasons to reimburse certified surgical first assistants.
First, as indicated above, certified first assistants had  been part of
the workers compensation system for a number of years and provide a
valuable service.  

 Second, certified surgical first assistants save money for the system.
Customarily, non-physician surgical first assistants are reimbursed at a
rate of ten to twenty five percent less than physician surgical
assistants.   

Third, the use of non-physician surgical assistants reflects a trend in
health care delivery in recent years that enables competent professionals
to fill a void that has grown as more surgeons lack the time or incentive
to assist in surgery.  In many operations, surgeons  prefer to be assisted
by a nonphysician assistant who is familiar with their surgery style and
has a more flexible schedule than the physician surgical assistant. 

Fourth, non-physician surgical first assistants provide hospitals with a
valuable resource to address acute staffing shortages in the operating
room.  For these reasons, Texas workers compensation patients, and the
system itself, will benefit from the reimbursement of non-physician
surgical first assistants in workers compensation cases. 

The purpose of CSHB 3000 is to make certified first assistants and
licensed surgical assistants eligible for compensation under the Texas
workers compensation system, and to be reimbursed at rates paid other
non-physician surgical first assistants under Medicare. 




 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

Section 1. Amends Chapter 408, Labor Code, by adding Section 408.030 as
follows: 

Authorizes a licensed surgical assistant or a surgical assistant certified
by a national organization approved by the Texas Board of Medical
Examiners to be reimbursed  in workers compensation cases for first
assistant services provided at the request of a physician. 

Provides that a licensed surgical assistant or a certified surgical
assistant be reimbursed on the same basis as a physician assistant, nurse
practitioner, or clinical nurse specialist who function as a first
assistant in surgery. 

Section 2. Effective date.

Takes effect September 1, 2003 and applies only to a claim for workers'
compensation benefits based on a compensable injury that occurs on or
after that date. 




EFFECTIVE DATE

September 1, 2003


COMPARISON OF ORIGINAL TO SUBSTITUTE

Changed  the section of the Labor Code amended by the bill to Section
408.030 to clarify  that nonphysician surgical assistants are to be
reimbursed at a lower rate than physician surgical assistants. 

Adds language to provide that only surgical assistants certified by a
national organization approved by the Texas Board of Medical Examiners
will be eligible for reimbursement. 

Adds language to link the reimbursement rate to those practitioners who
currently are eligible to be reimbursed under Medicare when functioning as
a first assistant in surgery.