By: Schwertner, Bettencourt  S.B. No. 425
         (In the Senate - Filed February 2, 2015; February 4, 2015,
  read first time and referred to Committee on Business and Commerce;
  April 13, 2015, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 9, Nays 0; April 13, 2015,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 425 By:  Schwertner
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to health care information provided by and notice of
  facility fees charged by certain freestanding emergency medical
  care facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 241, Health and Safety Code, is amended
  by adding Subchapter J to read as follows:
  SUBCHAPTER J.  NOTICE OF FACILITY FEES IN CERTAIN FREESTANDING
  EMERGENCY MEDICAL CARE FACILITIES
         Sec. 241.251.  APPLICABILITY. This subchapter applies only
  to a freestanding emergency medical care facility, as that term is
  defined by Section 254.001, that is exempt from the licensing
  requirements of Chapter 254 under Section 254.052(8).
         Sec. 241.252.  NOTICE OF FEES. (a)  In this section,
  "provider network" has the meaning assigned by Section 1456.001,
  Insurance Code.
         (b)  A facility described by Section 241.251 shall post
  notice that states:
               (1)  that the facility is a freestanding emergency
  medical care facility;
               (2)  that the facility charges rates comparable to a
  hospital emergency room and may charge a facility fee;
               (3)  that a facility or a physician providing medical
  care at the facility may not be a participating provider in the
  patient's health benefit plan provider network; and
               (4)  that a physician providing medical care at the
  facility may bill separately from the facility for the medical care
  provided to a patient.
         (c)  The notice required by this section must be posted
  prominently and conspicuously:
               (1)  at the primary entrance to the facility;
               (2)  in each patient treatment room; and
               (3)  at each location within the facility at which a
  person pays for health care services.
         (d)  The notice required by this section must be in legible
  print on a sign with dimensions of at least 8.5 inches by 11 inches.
         SECTION 2.  Section 254.001, Health and Safety Code, is
  amended by adding Subdivision (6) to read as follows:
               (6)  "Provider network" has the meaning assigned by
  Section 1456.001, Insurance Code.
         SECTION 3.  Subchapter D, Chapter 254, Health and Safety
  Code, is amended by adding Section 254.155 to read as follows:
         Sec. 254.155.  NOTICE OF FEES. (a)  A facility shall post
  notice that states:
               (1)  that the facility is a freestanding emergency
  medical care facility;
               (2)  that the facility charges rates comparable to a
  hospital emergency room and may charge a facility fee;
               (3)  that a facility or a physician providing medical
  care at the facility may not be a participating provider in the
  patient's health benefit plan provider network; and
               (4)  that a physician providing medical care at the
  facility may bill separately from the facility for the medical care
  provided to a patient.
         (b)  The notice required by this section must be posted
  prominently and conspicuously:
               (1)  at the primary entrance to the facility;
               (2)  in each patient treatment room; and
               (3)  at each location within the facility at which a
  person pays for health care services.
         (c)  The notice required by this section must be in legible
  print on a sign with dimensions of at least 8.5 inches by 11 inches.
         SECTION 4.  Section 324.001(7), Health and Safety Code, is
  amended to read as follows:
               (7)  "Facility" means:
                     (A)  an ambulatory surgical center licensed under
  Chapter 243;
                     (B)  a birthing center licensed under Chapter 244;
  [or]
                     (C)  a hospital licensed under Chapter 241; or
                     (D)  a freestanding emergency medical care
  facility, as defined in Section 254.001, including a freestanding
  emergency medical care facility that is exempt from the licensing
  requirements of Chapter 254 under Section 254.052(8).
         SECTION 5.  Section 241.183, Health and Safety Code, as
  added by Chapter 917 (H.B. 1376), Acts of the 83rd Legislature,
  Regular Session, 2013, is repealed.
         SECTION 6.  (a)  Notwithstanding Subchapter J, Chapter 241,
  Health and Safety Code, and Section 254.155, Health and Safety
  Code, as added by this Act, a freestanding emergency medical care
  facility is not required to comply with those provisions until
  January 1, 2016.
         (b)  Notwithstanding Chapter 324, Health and Safety Code, as
  amended by this Act, a freestanding emergency medical care facility
  is not required to comply with Chapter 324, Health and Safety Code,
  until January 1, 2016.
         SECTION 7.  This Act takes effect September 1, 2015.
 
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