SRC-TJG S.B. 925 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 925
78R6322 YDB-FBy: Deuell
Health & Human Services
4/4/2003
As Filed


DIGEST AND PURPOSE 

Studies have shown that physicians who have ownership in diagnostic
facilities to which they refer patients order more services than
physicians without such financial interest.  As proposed, S.B. 925 brings
Texas into alignment with the federal physician self-referral statute,
which applies to the referrals of Medicare and Medicaid patients. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Board of Health in
SECTION 1 (Section 107.004, Occupations Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 3A, Occupations Code, as follows:

CHAPTER 107.  FINANCIAL ARRANGEMENTS BETWEEN HEALTH CARE PROVIDERS

Sec. 107.001.  DEFINITIONS.  Defines "board," "comprehensive
rehabilitation services," "designated health services," "diagnostic
imaging services," "direct supervision," "fair market value," "group
practice," "health care provider," "immediate family member," "investment
interest," "investor," "outside referral for diagnostic imaging services,"
"patient of a group practice," "referral," "rural area," and "sole
provider." 

Sec. 107.002.  EXCLUDED INVESTMENT INTERESTS.  Provides that this chapter
does not apply to certain investment interest. 

Sec. 107.003.  EXCLUDED REFERRALS.  (a) Provides that this chapter does
not apply to an order, recommendation, or plan by certain physicians or
health care providers. 

(b) Authorizes a person licensed under Chapter 155 (License to Practice
Medicine), 201 (Chiropractors), or 351 (Optometrists and Therapeutic
Optometrists) to refer a patient to a sole provider or group practice for
diagnostic imaging services, excluding radiation therapy services, for
which the sole provider or group practice bills both the technical and the
professional fee for or on behalf of the patient, if the referring person
does not have an investment interest in the practice, effective July 1,
2010.  Requires the diagnostic imaging service referred to a group
practice or sole provider under this subsection to be a diagnostic imaging
service normally provided within the scope of practice to the patients of
the group practice or sole provider.  Prohibits the group practice or sole
provider from accepting more than 15 percent of its patients receiving
diagnostic imaging services from outside referrals, excluding radiation
therapy services.  

Sec. 107.004.  DUTIES OF BOARDS.  (a) Requires each board and, for
hospitals, the Texas Board of Health (TBH), to encourage each person
licensed by the board to use the declaratory statement procedure to
determine the applicability of this chapter or any rule adopted under this
chapter to the license holder. 

 (b) Requires a board to submit to TBH the name of any person in which a
provider investment interest has been approved under this chapter. 

(c) Requires TBH by rule to provide for periodic quality assurance and
utilization review of a person approved under Subsection (b). 

Sec. 107.005.  REQUIREMENTS FOR ACCEPTING OUTSIDE REFERRALS FOR DIAGNOSTIC
IMAGING.  (a) Authorizes a group practice or sole provider to accept
outside referrals for diagnostic imaging services only if the practice or
provider complies with this section. 

(b) Authorizes the diagnostic imaging services to be provided only by the
group practice or sole provider or by a full-time or part-time employee of
the group practice or sole provider. 

(c) Requires the physicians comprising the group practice or the physician
who is a sole provider to take certain actions. 

(d) Prohibits the group practice or sole provider from entering into,
extending, or renewing any contract with a practice management company
that provides a financial incentive, directly or indirectly, based on an
increase in outside referrals for diagnostic imaging services from a group
practice or sole provider managed by the same practice management company. 

(e) Requires the group practice or sole provider to bill for the
professional and technical service on behalf of the patient.  Prohibits
the group practice or sole provider from sharing any portion of the
payment or any type of consideration, directly or indirectly, with the
referring health care provider. 

(f) Requires a group practice or sole provider that has a Medicaid
provider agreement with TBH to furnish diagnostic imaging services to the
practice's or provider's Medicaid patients and prohibits the referral of a
Medicaid recipient to a hospital for outpatient diagnostic imaging
services unless the physician furnishes the hospital with documentation
demonstrating the medical necessity for the referral.  Authorizes TBH, if
necessary, to apply for a federal waiver to implement this subsection. 

Sec. 107.006.  ANNUAL REPORT OF REFERRALS FOR DIAGNOSTIC IMAGING. Requires
a group practice or sole provider that accepts outside referrals for
diagnostic imaging to annually report to TBH the number of outside
referrals accepted for diagnostic imaging services and the total number of
all patients receiving diagnostic imaging services. 

Sec. 107.007.  ANNUAL STATEMENT OF REFERRALS FOR DIAGNOSTIC IMAGING.  (a)
Requires each managing physician member of a group practice and each sole
provider who accepts outside referrals for diagnostic imaging services to
annually submit to TBH a statement signed under oath declaring that each
group practice or sole provider is in compliance with the percentage
limitations for accepting outside referrals and the requirements for
accepting outside referrals under Section 107.005. 

(b) Authorizes TBH to verify a statement submitted by a group practice or
sole provider under this section. 

Sec. 107.008.  PROHIBITED REFERRALS.  (a) Prohibits a health care
provider, except as provided by this chapter, from certain patient
referrals. 

(b) Prohibits a person described by Subsection (a)(2)(A) or (B) from
taking certain actions. 

 Sec. 107.009.  PROHIBITED CLAIMS AND PAYMENTS.  (a) Prohibits a person
from presenting a claim for payment to any individual, third-party payor,
or other person for a service furnished pursuant to a referral prohibited
under this chapter. 

(b) Requires  person that collects an amount billed in violation of this
chapter to refund the amount on a timely basis to the individual,
third-party payor, or other person. 

Sec. 107.010.  CIVIL PENALTY.  (a) Provides that  a person that presents
or causes to be presented a claim for payment prohibited under Section
107.009 is subject to a civil penalty of not more than $15,000 for each
claim.  Authorizes the attorney general to bring an action in the name of
the state to impose and collect a penalty under this subsection. 

(b) Provides that a health care provider or other person that enters into
an arrangement, including a cross-referral arrangement, for which the
person knows or should know has a principal purpose of assuring referrals
by a health care provider to a particular person that, if the health care
provider directly made the referrals, would be in violation of this
chapter, is subject to a civil penalty of not more than $100,000.
Authorizes the attorney general to bring an action in the name of the
state to impose and collect a penalty under this subsection. 

Sec. 107.011.  VIOLATION OF CHAPTER; PENALTIES.  (a) Provides that a group
practice or sole provider that accepts an outside referral for diagnostic
imaging services in violation of this chapter or accepts outside referrals
for diagnostic imaging services in excess of the percentage limitation
established by Section 107.005 violates this chapter and is subject to
penalties under this section. 

(b) Provides that a violation of this chapter by a health care provider
constitutes grounds for disciplinary action to be taken by the appropriate
licensing board as provided by Chapter 164 (Disciplinary Actions and
Procedures), 201 (Chiropractors), 202 (Podiatrists), 263 (License denial
and disciplinary proceedings), or 351 (Optometrists and Therapeutic
Optometrists).  Provides that a hospital licensed under Chapter 241,
Health and Safety Code (Hospitals), that violates this section is subject
to Subchapter C, Chapter 241, Health and Safety Code (Enforcement), as if
the hospital had violated a rule or minimum standard under that chapter. 

Sec. 107.012.  DISCRIMINATION BY HOSPITAL.  Prohibits a hospital licensed
under Chapter 241, Health and Safety Code, from discriminating against or
otherwise penalizing a health care provider for complying with this
chapter. 

Sec. 107.013.  CERTAIN FACILITIES EXEMPT.  (a) Provides that Section
107.008(a)(1) does not apply to referrals for certain radiation therapy
and centers. 

(b) Authorizes the physical site of the radiation treatment centers
described by Subsection (a) to be relocated as a result of certain
occurrences. 

(c)  Provides that a relocation under Subsection (b) is limited to
relocation of an existing facility to a replacement location within the
county of the existing facility on written notification to the licensing
board. 
 
(d)  Requires a health care provider that meets the requirements of
Section 107.008(a)(2) and Subsection (a) to disclose the investment
interest to the provider's patients in writing and obtain the patient's
written consent to service or treatment in light of the disclosure before
rendering services. 

Sec. 107.014.  RESTRICTIONS CUMULATIVE.  Provides that the restrictions of
this chapter are in addition to the restrictions of Chapter 102
(Solicitation of Patients). 

 SECTION 2.  Effective date: September 1, 2003.