By: Duncan  S.B. No. 1832
         (In the Senate - Filed March 9, 2007; March 22, 2007, read
  first time and referred to Committee on State Affairs;
  April 18, 2007, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 8, Nays 0; April 18, 2007,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1832 By:  Duncan
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the billing of anatomic pathology services; providing
  penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle B, Title 3, Occupations Code, is
  amended by adding Chapter 166 to read as follows:
  CHAPTER 166. BILLING OF ANATOMIC PATHOLOGY SERVICES
         Sec. 166.001.  DEFINITION. In this chapter, "anatomic
  pathology services" means:
               (1)  histopathology or surgical pathology, which is the
  gross and microscopic examination and histologic processing of
  organ tissue performed by a physician or under the supervision of a
  physician;
               (2)  cytopathology, which is the microscopic
  examination of cells from the following:
                     (A)  fluids;
                     (B)  aspirates;
                     (C)  washings;
                     (D)  brushings; or
                     (E)  smears, including a Pap smear, performed by a
  physician or under the supervision of a physician;
               (3)  hematology, which is the microscopic evaluation of
  bone marrow aspirates and biopsies performed by a physician, or
  under the supervision of a physician, and peripheral blood smears
  when the attending or treating physician or technologist requests
  that a blood smear be reviewed by a pathologist;
               (4)  sub-cellular pathology and molecular pathology;
  or
               (5)  a blood-banking service performed by a
  pathologist.
         Sec. 166.002.  ANATOMIC PATHOLOGY BILLING.  Notwithstanding
  any other law, a person, including a physician and an entity,
  violates this subtitle and is subject to disciplinary action and
  penalties under this subtitle if the person:
               (1)  does not directly supervise or perform anatomic
  pathology services for a patient; and
               (2)  fails to disclose in the bill presented by the
  person to the patient or the insurer or other third party payor, or
  in an itemized statement to the patient:
                     (A)  the name and address of the physician or
  laboratory that provided the anatomic pathology services; and
                     (B)  the net amount paid or to be paid for each
  anatomic pathology service provided to the patient by the physician
  or laboratory.
         SECTION 2.  Chapter 166, Occupations Code, as added by this
  Act, applies only to anatomic pathology services performed on or
  after the effective date of this Act.
         SECTION 3.  The Texas Medical Board may adopt rules
  necessary to implement Chapter 166, Occupations Code, as added by
  this Act.
         SECTION 4.  This Act takes effect September 1, 2007.
 
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