Amend SB 344 (House Committee Report) by adding the following
appropriately numbered SECTIONS to the bill and renumbering
subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 243.002, Health and Safety Code, is
amended by amending Subdivision (3) and adding Subdivisions (3-a),
(3-b), and (5) to read as follows:
(3) "Department" means the [Texas] Department of State
Health Services.
(3-a) "Designated physician group" means any business
entity formed exclusively by one or more physicians licensed to
practice medicine in this state, including a professional
association, a professional corporation, a professional limited
liability company, or a professional limited liability
partnership.
(3-b) "Facility" means the physical premises that the
department determines constitutes an ambulatory surgical center.
(5) "Sublicense agreement" means a written and
executed agreement between a licensed ambulatory surgical center
and a designated physician group under which the ambulatory
surgical center allows the designated physician group to use its
facility to provide surgical services to the designated physician
group's patients.
SECTION ____. The heading to Section 243.003, Health and
Safety Code, is amended to read as follows:
Sec. 243.003. LICENSE REQUIRED; SUBLICENSE AGREEMENTS.
SECTION ____. Section 243.003, Health and Safety Code, is
amended by amending Subsection (c) and adding Subsection (d) to
read as follows:
(c) Except as provided by Subsection (d), a [A] license is
not transferable or assignable.
(d) An ambulatory surgical center may share its license with
a designated physician group under a written sublicense agreement
if:
(1) the sublicense agreement is filed with and
approved by the department; and
(2) the sublicense agreement provides that:
(A) the ambulatory surgical center remains
responsible for ensuring that the facility and all surgical and
other services provided by the ambulatory surgical center or in the
facility by any designated physician group complies with this
chapter and applicable department rules; and
(B) all surgical services provided by the
designated physician group as an ambulatory surgical center
sublicense holder are provided in the facility.
SECTION ____. Section 843.002, Insurance Code, is amended
by adding Subdivision (1-a) and amending Subdivision (24) to read
as follows:
(1-a) "Ambulatory surgical center" means a facility
licensed under Chapter 243, Health and Safety Code. The term
includes a designated physician group operating under a sublicense
agreement under Section 243.003, Health and Safety Code.
(24) "Provider" means:
(A) a person, other than a physician, who is
licensed or otherwise authorized to provide a health care service
in this state, including:
(i) a chiropractor, registered nurse,
pharmacist, optometrist, registered optician, or acupuncturist;
or
(ii) a pharmacy, hospital, ambulatory
surgical center, or other institution or organization;
(B) a person who is wholly owned or controlled by
a provider or by a group of providers who are licensed or otherwise
authorized to provide the same health care service; or
(C) a person who is wholly owned or controlled by
one or more hospitals and physicians, including a
physician-hospital organization.
SECTION ____. Section 1301.001, Insurance Code, is amended
by amending Subdivisions (1) and (4) and adding Subdivision (1-a)
to read as follows:
(1) "Ambulatory surgical center" means a facility
licensed under Chapter 243, Health and Safety Code. The term
includes a designated physician group operating under a sublicense
agreement under Section 243.003, Health and Safety Code.
(1-a) "Health care provider" means a practitioner,
institutional provider, or other person or organization that
furnishes health care services and that is licensed or otherwise
authorized to practice in this state. The term does not include a
physician.
(4) "Institutional provider" means an ambulatory
surgical center, [a] hospital, nursing home, or other medical or
health-related service facility that provides care for the sick or
injured or other care that may be covered in a health insurance
policy.
SECTION ____. Section 401.011, Labor Code, is amended by
adding Subdivision (4-a) and amending Subdivision (20) to read as
follows:
(4-a) "Ambulatory surgical center" means a facility
licensed under Chapter 243, Health and Safety Code. The term
includes a designated physician group operating under a sublicense
agreement under Section 243.003, Health and Safety Code.
(20) "Health care facility" means a hospital,
ambulatory surgical center, emergency clinic, outpatient clinic,
or other facility providing health care.
SECTION ____. The change in law made by this Act applies
only to a sublicense agreement under Section 243.003, Health and
Safety Code, as amended by this Act, that is entered into and
approved by the Department of State Health Services on or after the
effective date of this Act. A sublicense agreement entered into
before the effective date of this Act is governed by the law in
effect immediately before that date, and that law is continued in
effect for that purpose.