85R11540 DMS-D
 
  By: Farrar H.B. No. 3122
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to notice for patients of freestanding emergency medical
  care facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 254, Health and Safety
  Code, is amended by adding Section 254.156 to read as follows:
         Sec. 254.156.  PATIENT NOTICE.  (a)  A facility shall provide
  to a patient a notice that:
               (1)  states whether the facility participates in a
  provider network, as described by Section 254.001, and lists each
  provider network in which the facility participates;
               (2)  states whether the facility is an enrolled
  provider under Medicaid;
               (3)  states:
                     (A)  whether the facility accepts Medicare
  assignment;
                     (B)  whether the facility accepts the payment
  terms of, or is a network provider under, any Medicare Advantage
  plan; and
                     (C)  each plan that provides this coverage for
  facility patients;
               (4)  states whether the facility is a network provider
  under the TRICARE Military Health System or is a non-network
  provider accepting TRICARE patients;
               (5)  provides the address, phone number, and hours of
  operation of the nearest facility that provides urgent care but
  that is not an emergency care facility or hospital emergency
  department; and
               (6)  lists the Internet website, phone number, and
  e-mail address of the Texas Department of Insurance.
         (b)  The notice must be:
               (1)  provided on a single page not less than 8.5 inches
  by 11 inches in size; and
               (2)  printed using a font that is at least 14 points in
  size.
         (c)  The facility shall provide the notice to a patient as
  soon as possible after the patient enters the facility and before
  the patient receives a medical or health care service at the
  facility. The facility shall retain a copy of the notice, signed by
  the patient, in the patient's medical records.  A patient who is
  incapacitated is not required to sign the notice.  The facility
  shall provide the notice to a person who accompanies the
  incapacitated patient to the facility, if any.
         (d)  A facility shall publish the notice on the facility's
  Internet website.
         SECTION 2.  A freestanding medical care emergency facility
  is not required to comply with Section 254.156, Health and Safety
  Code, as added by this Act, before January 1, 2018.
         SECTION 3.  This Act takes effect September 1, 2017.