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79R5795 DLF-D

By:  Martinez Fischer                                             H.B. No. 1084



A BILL TO BE ENTITLED

AN ACT

relating to charges for certain services or products provided in a 
hospital.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter B, Chapter 241, Health and Safety 
Code, is amended by adding Section 241.030 to read as follows:
	Sec. 241.030.  PERSONS WITHOUT HEALTH PLAN BENEFITS.  (a)  
This section applies only to a hospital that provides a product or 
service to a person in the hospital who is not covered by a health 
insurance policy or other health benefit plan that provides 
benefits for the product or service provided.
	(b)  A hospital may not charge a person described by 
Subsection (a) an amount for a product or service that exceeds the 
lowest amount that the hospital is entitled to receive for the same 
product or service under:
		(1)  a contract or other arrangement between the 
hospital and an insurer or other health benefit plan issuer;
		(2)  the state medical assistance program; and                         
		(3)  the federal Medicare program.                                     
	SECTION 2.  Section 552.003, Insurance Code, as effective 
April 1, 2005, is amended by adding Subsection (c) to read as 
follows:
	(c)  It is an exception to the application of this section 
that:      
		(1)  the person charging two different prices for the 
same product or service is a hospital; and
		(2)  the prices charged comply with Section 241.030, 
Health and Safety Code.
	SECTION 3.  The change in law made by this Act to Section 
552.003, Insurance Code, applies only to an offense committed on or 
after the effective date of this Act.  An offense committed before 
the effective date of this Act is covered by the law in effect when 
the offense was committed, and the former law is continued in effect 
for that purpose.  For purposes of this section, an offense was 
committed before the effective date of this Act if any element of 
the offense was committed before that date.
	SECTION 4.  This Act takes effect September 1, 2005.