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By: Kolkhorst (Senate Sponsor - Nelson) |
H.B. No. 1376 |
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(In the Senate - Received from the House May 3, 2013; |
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May 6, 2013, read first time and referred to Committee on Health |
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and Human Services; May 15, 2013, reported favorably by the |
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following vote: Yeas 8, Nays 0; May 15, 2013, sent to printer.) |
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A BILL TO BE ENTITLED
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AN ACT
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relating to advertising by certain facilities that provide |
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emergency services; providing an administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 241, Health and Safety Code, is amended |
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by adding Subchapter H to read as follows: |
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SUBCHAPTER H. FREESTANDING EMERGENCY MEDICAL CARE FACILITIES |
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ASSOCIATED WITH LICENSED HOSPITALS |
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Sec. 241.181. APPLICABILITY. This subchapter applies only |
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to a freestanding emergency medical care facility, as that term is |
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defined by Section 254.001, that is exempt from the licensing |
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requirements of Chapter 254 under Section 254.052(7) or (8). |
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Sec. 241.182. ADVERTISING. A facility described by Section |
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241.181 may not advertise or hold itself out as a medical office, |
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facility, or provider other than an emergency room if the facility |
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charges for its services the usual and customary rate charged for |
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the same service by a hospital emergency room in the same region of |
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the state or located in a region of the state with comparable rates |
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for emergency health care services. |
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Sec. 241.183. POSTED NOTICE. Subject to Section 241.006, |
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the department shall adopt rules for a notice to be posted in a |
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conspicuous place in the facility described by Section 241.181 that |
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notifies prospective patients that the facility is an emergency |
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room and charges rates comparable to a hospital emergency room. |
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Sec. 241.184. ADMINISTRATIVE PENALTY. The commissioner of |
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health may assess an administrative penalty under Section 241.059 |
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against a hospital that violates this subchapter. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the Department of State Health Services shall adopt |
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rules relating to the notice required under Section 241.183, Health |
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and Safety Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2013. |
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