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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of an interim committee on, and a study of, |
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the itemized billing statements of certain health care facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. DEFINITIONS. In this Act: |
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(1) "Department" means the Department of State Health |
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Services. |
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(2) "Health care facility" means: |
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(A) an ambulatory surgical center licensed under |
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Chapter 243, Health and Safety Code; |
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(B) a birthing center licensed under Chapter 244, |
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Health and Safety Code; or |
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(C) a hospital licensed under Chapter 241, Health |
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and Safety Code. |
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(3) "Interim committee" means the committee appointed |
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under Section 3 of this Act. |
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SECTION 2. DATA COLLECTION. (a) The department shall |
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collect information concerning the itemized billing statements of |
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health care facilities, including information concerning the unit |
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prices charged to health care facilities by manufacturers, |
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suppliers, or providers for: |
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(1) medical hardware provided to patients by health |
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care facilities; |
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(2) devices or implants provided to patients by health |
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care facilities; |
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(3) prescription specialty drugs or drug protocols |
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dispensed to patients by health care facilities; |
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(4) health care services provided to patients by |
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health services providers for health care facilities; and |
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(5) magnetic resonance imaging, computed tomography, |
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and positron emission tomography equipment. |
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(b) A health care facility shall provide information as |
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required by the department under this Act. A health care facility |
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may not include in a contract to which the health care facility is a |
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party and that is entered into or renewed on or after the effective |
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date of this Act, a provision that prohibits the health care |
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facility from disclosing as required under this section: |
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(1) information on the unit price charged to the |
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health care facility by a manufacturer, supplier, or provider of |
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any medical hardware, device, implant, prescription specialty |
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drug, drug protocol, or service; or |
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(2) other pricing information related to the contract. |
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(c) The department shall provide the information collected |
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under this section to the interim committee. |
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SECTION 3. INTERIM COMMITTEE; STUDY; REPORT. (a) The |
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interim committee consists of the following six members: |
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(1) three senators appointed by the lieutenant |
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governor; and |
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(2) three state representatives appointed by the |
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speaker of the house of representatives. |
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(b) The interim committee shall elect a presiding officer |
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from among its members. The committee shall convene at the call of |
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the presiding officer. |
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(c) The interim committee shall hold public hearings on the |
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transparency of itemized billing statements of health care |
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facilities and include information gathered in the hearings in the |
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study conducted under this section. |
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(d) The interim committee shall conduct a study concerning |
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transparency of itemized billing statements of health care |
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facilities. The study must examine: |
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(1) to the extent the unit prices charged to |
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facilities by manufacturers, suppliers, and providers reflect |
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discounts, rebates, or other adjustments to the price billed, the |
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manner in which the billing statement accurately reflects the |
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actual unit prices charged to and paid by facilities and whether the |
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billing statement includes invoices or other sufficient |
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documentation to support the actual unit prices paid; |
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(2) the effects of health care facility billing |
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practices on patient access to health care and on third-party |
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payors, including the effects of pricing and discounting practices |
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on the uninsured and underinsured and on insurers, governmental |
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payors, and other third-party payors; |
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(3) the economic consequences of health care facility |
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billing practices on consumers and third-party payors, including |
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the effects of bankruptcy and denied claims; |
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(4) the resolution of patient complaints on health |
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care facility billed charges and billing practices, including |
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resolution through reduction in charges to a patient through any |
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available charity care or discounts offered by the health care |
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facility for patients; and |
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(5) the effects of health care facility billing |
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practices related to any increase in the amount of the billed unit |
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prices presented to consumers and third-party payors compared to |
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the actual unit prices charged to and paid by facilities. |
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(e) Not later than December 1, 2010, the interim committee |
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shall submit to the governor, lieutenant governor, and speaker of |
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the house of representatives a report on the results of the study, |
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including recommendations for legislation to address issues |
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identified in the study. |
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SECTION 4. EXPIRATION. This Act expires September 1, 2011. |
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SECTION 5. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2009. |