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A BILL TO BE ENTITLED
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AN ACT
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relating to certain unprofessional conduct by a health care |
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provider. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 105.002(a), Occupations Code, is amended |
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to read as follows: |
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(a) A health care provider commits unprofessional conduct |
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if the health care provider, in connection with the provider's |
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professional activities: |
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(1) knowingly presents or causes to be presented a |
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false or fraudulent claim for the payment of a loss under an |
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insurance policy; |
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(2) knowingly prepares, makes, or subscribes to any |
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writing, with intent to present or use the writing, or to allow it |
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to be presented or used, in support of a false or fraudulent claim |
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under an insurance policy; [or] |
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(3) knowingly directs or requires a patient to obtain |
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health care goods or services from a niche hospital in which the |
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health care provider or an immediate family member of the provider |
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has a financial interest, unless the provider: |
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(A) discloses to the patient, in writing, that |
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the provider or the provider's family member has a financial |
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interest in the niche hospital; and |
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(B) informs the patient that the patient has the |
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option of using an alternative health care facility; or |
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(4) knowingly fails to allow a patient, when requested |
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by the patient or a guardian authorized to consent to treatment for |
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the patient, to have another person present with the patient during |
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an examination, service, or procedure to observe the patient or |
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health care provider. |
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SECTION 2. This Act takes effect September 1, 2011. |