79R6801 JMM-F
By: Armbrister S.B. No. 762
A BILL TO BE ENTITLED
AN ACT
relating to certain unprofessional conduct by a health care
provider; providing an administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 105.001, Occupations Code, is amended to
read as follows:
Sec. 105.001. DEFINITION. In this chapter, "health care
provider" means a person who furnishes services under a license,
certificate, registration, or other authority issued by this state
or another state to diagnose, prevent, alleviate, or cure a human
illness or injury. The term includes a hospital licensed under
Chapter 241, Health and Safety Code.
SECTION 2. Section 105.002, Occupations Code, is amended to
read as follows:
Sec. 105.002. UNPROFESSIONAL CONDUCT. (a) A health care
provider commits unprofessional conduct if the health care
provider, in connection with the provider's professional
activities:
(1) knowingly presents or causes to be presented a
false or fraudulent claim for the payment of a loss under an
insurance policy; [or]
(2) knowingly prepares, makes, or subscribes to any
writing, with intent to present or use the writing, or to allow it
to be presented or used, in support of a false or fraudulent claim
under an insurance policy;
(3) collects or attempts to collect a payment from a
person knowing that the collection or attempt to collect violates a
contract, agreement, or other arrangement between the health care
provider and the person's insurer, health maintenance
organization, preferred provider organization, or other health
care payor; or
(4) knowingly charges a person or the person's
insurer, health maintenance organization, preferred provider
organization, or other health care payor for diagnostic testing
unless the health care provider rendered a professional service in
the direct care and treatment of the person in relation to the
diagnostic test.
(b) In addition to other provisions of civil or criminal
law, commission of unprofessional conduct under Subsection (a)
constitutes cause for:
(1) the revocation or suspension of a provider's
license, permit, registration, certificate, or other authority or
other disciplinary action; and
(2) imposition of an administrative penalty of $500
for each violation of this chapter or a greater amount determined by
the entity authorized by law to impose the penalty.
SECTION 3. The change in law made by this Act applies only
to conduct that occurs on or after the effective date of this Act.
Conduct that occurs before that date is governed by the law in
effect at the time the conduct occurred, and the former law is
continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2005.