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AN ACT
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relating to health care information provided by and notice of |
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facility fees charged by certain freestanding emergency medical |
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care facilities. |
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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 J to read as follows: |
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SUBCHAPTER J. NOTICE OF FACILITY FEES IN CERTAIN FREESTANDING |
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EMERGENCY MEDICAL CARE FACILITIES |
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Sec. 241.251. 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(8). |
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Sec. 241.252. NOTICE OF FEES. (a) In this section, |
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"provider network" has the meaning assigned by Section 1456.001, |
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Insurance Code. |
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(b) A facility described by Section 241.251 shall post |
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notice that states: |
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(1) that the facility is a freestanding emergency |
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medical care facility; |
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(2) that the facility charges rates comparable to a |
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hospital emergency room and may charge a facility fee; |
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(3) that a facility or a physician providing medical |
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care at the facility may not be a participating provider in the |
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patient's health benefit plan provider network; and |
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(4) that a physician providing medical care at the |
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facility may bill separately from the facility for the medical care |
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provided to a patient. |
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(c) The notice required by this section must be posted |
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prominently and conspicuously: |
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(1) at the primary entrance to the facility; |
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(2) in each patient treatment room; |
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(3) at each location within the facility at which a |
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person pays for health care services; and |
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(4) on the facility's Internet website. |
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(d) The notice required by Subsections (c)(1), (2), and (3) |
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must be in legible print on a sign with dimensions of at least 8.5 |
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inches by 11 inches. |
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SECTION 2. Section 254.001, Health and Safety Code, is |
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amended by adding Subdivision (6) to read as follows: |
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(6) "Provider network" has the meaning assigned by |
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Section 1456.001, Insurance Code. |
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SECTION 3. Subchapter D, Chapter 254, Health and Safety |
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Code, is amended by adding Section 254.155 to read as follows: |
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Sec. 254.155. NOTICE OF FEES. (a) A facility shall post |
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notice that states: |
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(1) that the facility is a freestanding emergency |
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medical care facility; |
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(2) that the facility charges rates comparable to a |
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hospital emergency room and may charge a facility fee; |
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(3) that a facility or a physician providing medical |
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care at the facility may not be a participating provider in the |
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patient's health benefit plan provider network; and |
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(4) that a physician providing medical care at the |
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facility may bill separately from the facility for the medical care |
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provided to a patient. |
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(b) The notice required by this section must be posted |
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prominently and conspicuously: |
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(1) at the primary entrance to the facility; |
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(2) in each patient treatment room; |
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(3) at each location within the facility at which a |
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person pays for health care services; and |
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(4) on the facility's Internet website. |
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(c) The notice required by Subsections (b)(1), (2), and (3) |
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must be in legible print on a sign with dimensions of at least 8.5 |
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inches by 11 inches. |
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SECTION 4. Section 324.001(7), Health and Safety Code, is |
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amended to read as follows: |
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(7) "Facility" means: |
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(A) an ambulatory surgical center licensed under |
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Chapter 243; |
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(B) a birthing center licensed under Chapter 244; |
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[or] |
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(C) a hospital licensed under Chapter 241; or |
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(D) a freestanding emergency medical care |
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facility, as defined in Section 254.001, including a freestanding |
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emergency medical care facility that is exempt from the licensing |
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requirements of Chapter 254 under Section 254.052(8). |
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SECTION 5. Section 241.183, Health and Safety Code, as |
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added by Chapter 917 (H.B. 1376), Acts of the 83rd Legislature, |
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Regular Session, 2013, and as amended by S.B. 219, Acts of the 84th |
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Legislature, Regular Session, 2015, is repealed. |
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SECTION 6. (a) Notwithstanding Subchapter J, Chapter 241, |
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Health and Safety Code, and Section 254.155, Health and Safety |
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Code, as added by this Act, a freestanding emergency medical care |
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facility is not required to comply with those provisions until |
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January 1, 2016. |
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(b) Notwithstanding Chapter 324, Health and Safety Code, as |
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amended by this Act, a freestanding emergency medical care facility |
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is not required to comply with Chapter 324, Health and Safety Code, |
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until January 1, 2016. |
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SECTION 7. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 425 passed the Senate on |
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April 16, 2015, by the following vote: Yeas 30, Nays 1; and that |
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the Senate concurred in House amendment on May 18, 2015, by the |
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following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 425 passed the House, with |
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amendment, on May 12, 2015, by the following vote: Yeas 138, |
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Nays 5, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |