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A BILL TO BE ENTITLED
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AN ACT
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relating to ambulatory surgical centers and to the provision of |
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services at those centers by certain designated physician groups. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 243.002, Health and Safety Code, is |
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amended by amending Subdivision (3) and adding Subdivisions (3-a), |
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(3-b), and (5) to read as follows: |
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(3) "Department" means the [Texas] Department of State |
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Health Services. |
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(3-a) "Designated physician group" means any business |
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entity formed exclusively by one or more physicians licensed to |
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practice medicine in this state, including a professional |
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association, a professional corporation, a professional limited |
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liability company, or a professional limited liability |
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partnership, that has entered into a use agreement. |
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(3-b) "Facility" means the physical premises that the |
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department determines constitutes an ambulatory surgical center. |
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(5) "Use agreement" means a written executed agreement |
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between a licensed ambulatory surgical center and a designated |
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physician group under which the ambulatory surgical center allows |
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the designated physician group to use its facility to provide |
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ambulatory surgical center services on a part-time basis to the |
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designated physician group's patients. |
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SECTION 2. The heading to Section 243.003, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 243.003. LICENSE REQUIRED; USE AGREEMENTS. |
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SECTION 3. Section 243.003, Health and Safety Code, is |
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amended by amending Subsection (c) and adding Subsections (d), (e), |
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(f), and (g) to read as follows: |
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(c) Except as provided by Subsection (d), a [A] license is |
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not transferable or assignable. |
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(d) Except as provided by Subsection (e), an ambulatory |
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surgical center may share its license under a sublicense agreement |
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with one or more designated physician groups that is entered into |
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under the terms of a use agreement, if the ambulatory surgical |
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center: |
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(1) remains responsible for ensuring that the facility |
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and all surgical and other ambulatory surgical center services |
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provided in the facility by any designated physician group complies |
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with this chapter and applicable department rules; and |
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(2) at least annually, provides the department with: |
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(A) a list of the designated physician groups |
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with which the ambulatory surgical center has entered into use |
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agreements; and |
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(B) any other information that the department |
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requires by rule about the designated physician groups or use |
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agreements. |
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(e) A use agreement under Subsection (d) may not cover a |
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transaction paid for under the Medicare or Medicaid health program. |
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(f) A use agreement entered into under this section must |
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comply with all applicable federal laws and regulations. |
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(g) The department by rule shall prescribe minimum |
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requirements for a use agreement entered into under this chapter. |
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SECTION 4. Section 843.002, Insurance Code, is amended by |
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adding Subdivision (1-a) and amending Subdivision (24) to read as |
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follows: |
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(1-a) "Ambulatory surgical center" means a facility |
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licensed under Chapter 243, Health and Safety Code, and includes a |
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designated physician group operating under a use agreement entered |
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into under that chapter. |
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(24) "Provider" means: |
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(A) a person, other than a physician, who is |
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licensed or otherwise authorized to provide a health care service |
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in this state, including: |
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(i) a chiropractor, registered nurse, |
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pharmacist, optometrist, registered optician, or acupuncturist; |
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or |
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(ii) a pharmacy, hospital, ambulatory |
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surgical center, or other institution or organization; |
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(B) a person who is wholly owned or controlled by |
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a provider or by a group of providers who are licensed or otherwise |
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authorized to provide the same health care service; or |
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(C) a person who is wholly owned or controlled by |
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one or more hospitals and physicians, including a |
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physician-hospital organization. |
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SECTION 5. Section 1301.001, Insurance Code, is amended by |
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amending Subdivisions (1) and (4) and adding Subdivision (1-a) to |
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read as follows: |
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(1) "Ambulatory surgical center" means a facility |
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licensed under Chapter 243, Health and Safety Code, and includes a |
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designated physician group operating under a use agreement entered |
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into under that chapter. |
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(1-a) "Health care provider" means a practitioner, |
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institutional provider, or other person or organization that |
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furnishes health care services and that is licensed or otherwise |
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authorized to practice in this state. The term does not include a |
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physician. |
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(4) "Institutional provider" means an ambulatory |
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surgical center, a hospital, a nursing home, or another [other] |
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medical or health-related service facility that provides care for |
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the sick or injured or other care that may be covered in a health |
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insurance policy. |
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SECTION 6. Section 401.011, Labor Code, is amended by |
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adding Subdivision (4-a) and amending Subdivision (20) to read as |
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follows: |
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(4-a) "Ambulatory surgical center" means a facility |
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licensed under Chapter 243, Health and Safety Code, and includes a |
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designated physician group operating under a use agreement entered |
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into under that chapter. |
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(20) "Health care facility" means a hospital, |
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ambulatory surgical center, emergency clinic, outpatient clinic, |
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or other facility providing health care. |
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SECTION 7. The change in law made by this Act applies only |
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to a use agreement under Section 243.003, Health and Safety Code, as |
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amended by this Act, that is entered into on or after the effective |
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date of this Act. A use agreement entered into before the effective |
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date of this Act is governed by the law in effect immediately before |
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that date, and that law is continued in effect for that purpose. |
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SECTION 8. This Act takes effect September 1, 2009. |