BILL ANALYSIS
Senate Research Center S.B. 2151
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Under current law, an ambulatory surgical center cannot assign or share a license. Authorizing an ambulatory surgical center to assign its license under very limited circumstances will result in better access to quality health care for all Texans and allow such centers to better serve their patients and physicians by fully utilizing the choices paid for and covered under a preferred provider benefit plan and available surgical space.
As proposed, S.B. 2151 amends current law relating to ambulatory surgical centers and to the provision of services at those centers by certain designated physician groups.
RULEMAKING AUTHORITY
Rulemaking authority previously granted to Department of State Health Services is modified in SECTION 3 (Section 243.003, Health and Safety Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 243.002, Health and Safety Code, by amending Subdivision (3) and adding Subdivisions (5), (6), and (7), to redefine "department" and to define "designated physician group," "facility," and "use agreement."
SECTION 2. Amends the heading to Section 243.003, Health and Safety Code, to read as follows:
Sec. 243.003. LICENSE REQUIRED; USE AGREEMENTS.
SECTION 3. Amends Section 243.003, Health and Safety Code, by amending Subsection (c) and adding Subsection (d), as follows:
(c) Creates an exception under Subsection (d).
(d) Authorizes an ambulatory surgical center to share its license under a sublicense agreement with one or more designated physician groups that is entered into under the terms of a use agreement, if the ambulatory surgical center remains responsible for ensuring that the facility and all surgical and other ambulatory surgical center services provided in the facility by any designated physician group complies with this chapter and applicable Department of State Health Services rules.
SECTION 4. Amends Section 843.002, Insurance Code, by adding Subdivision (1-a) and amending Subdivision (24), to define "ambulatory surgical center" and to redefine "provider."
SECTION 5. Amends Section 1301.001, Insurance Code, by amending Subdivisions (1) and (4) and adding Subdivision (1-a), as follows:
(1) Defines "ambulatory surgical center."
(1-a) Creates this subdivision from existing text. Makes no change to this definition.
(4) Redefines "institutional provider."
SECTION 6. Amends Section 401.011, Labor Code, by adding Subdivision (4-a) and amending Subdivision (20), to define "ambulatory surgical center" and to redefine "health care facility."
SECTION 7. Makes application of this Act prospective.
SECTION 8. Effective date: September 1, 2009.