81R28772 PB-F
 
  By: Coleman H.B. No. 2712
 
  Substitute the following for H.B. No. 2712:
 
  By:  Gonzales C.S.H.B. No. 2712
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to ambulatory surgical centers and to the provision of
  services at those centers by certain designated physician groups.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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, that has entered into a use agreement.
               (3-b)  "Facility" means the physical premises that the
  department determines constitutes an ambulatory surgical center.
               (5)  "Use agreement" means a written 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
  ambulatory surgical center services on a part-time basis to the
  designated physician group's patients.
         SECTION 2.  The heading to Section 243.003, Health and
  Safety Code, is amended to read as follows:
         Sec. 243.003.  LICENSE REQUIRED; USE AGREEMENTS.
         SECTION 3.  Section 243.003, Health and Safety Code, is
  amended by amending Subsection (c) and adding Subsections (d), (e),
  (f), and (g) to read as follows:
         (c)  Except as provided by Subsection (d), a [A] license is
  not transferable or assignable.
         (d)  Except as provided by Subsection (e), an ambulatory
  surgical center may 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:
               (1)  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 rules; and
               (2)  at least annually, provides the department with:
                     (A)  a list of the designated physician groups
  with which the ambulatory surgical center has entered into use
  agreements; and
                     (B)  any other information that the department
  requires by rule about the designated physician groups or use
  agreements.
         (e)  A use agreement under Subsection (d) may not cover a
  transaction paid for under the Medicare or Medicaid health program.
         (f)  A use agreement entered into under this section must
  comply with all applicable federal laws and regulations.
         (g)  The department by rule shall prescribe minimum
  requirements for a use agreement entered into under this chapter.
         SECTION 4.  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, and includes a
  designated physician group operating under a use agreement entered
  into under that chapter.
               (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 5.  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, and includes a
  designated physician group operating under a use agreement entered
  into under that chapter.
               (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, a nursing home, or another [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 6.  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, and includes a
  designated physician group operating under a use agreement entered
  into under that chapter.
               (20)  "Health care facility" means a hospital,
  ambulatory surgical center, emergency clinic, outpatient clinic,
  or other facility providing health care.
         SECTION 7.  The change in law made by this Act applies only
  to a use agreement under Section 243.003, Health and Safety Code, as
  amended by this Act, that is entered into on or after the effective
  date of this Act. A use 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.
         SECTION 8.  This Act takes effect September 1, 2009.