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A BILL TO BE ENTITLED
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AN ACT
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relating to reimbursement for health care services provided to |
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certain first responders; creating a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle G, Title 4, Health and Safety Code, is |
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amended by adding Chapter 327 to read as follows: |
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CHAPTER 327. PROVISION OF HEALTH CARE SERVICES TO FIRST RESPONDERS |
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Sec. 327.0001. DEFINITIONS. In this chapter: |
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(1) "First responder" means law enforcement, fire |
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protection, or emergency medical services personnel who are |
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employed full-time by this state or a political subdivision of this |
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state. |
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(2) "Health care facility" means a hospital, an |
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outpatient facility, or a clinic. The term does not include a |
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physician's office. |
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Sec. 327.0002. APPLICABILITY. This chapter applies to the |
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health care services provided to: |
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(1) a first responder; |
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(2) a retired first responder who is younger than 65 |
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years of age; and |
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(3) a qualified dependent of a first responder. |
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Sec. 327.0003. REIMBURSEMENT RATE FOR HEALTH CARE SERVICES. |
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A health care facility that provides a health care service to which |
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this chapter applies must accept as payment in full an amount equal |
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to the Medicare reimbursement rate for the service provided, |
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regardless of whether an individual, a health benefit plan issuer, |
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a third-party administrator, this state, or a political subdivision |
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of this state is responsible for the claim. |
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Sec. 327.0004. CIVIL PENALTY. (a) A health care facility |
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that fails to comply with Section 327.0003 or that refuses to |
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provide necessary medical treatment to a first responder that the |
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health care facility is otherwise capable of providing is liable to |
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the state for a civil penalty of $1,000 for each violation. Each |
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day of a continuing violation constitutes a separate violation. |
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(b) The attorney general may sue to collect the penalty. |
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(c) The attorney general shall file an action under this |
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section in a district court in Travis County or the county in which |
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the violation occurred. |
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(d) The attorney general may recover reasonable expenses |
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incurred in obtaining injunctive relief or a civil penalty under |
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this section, including court costs, attorney's fees, |
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investigative costs, witness fees, and deposition expenses. |
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SECTION 2. Chapter 327, Health and Safety Code, as added by |
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this Act, applies only to a service provided by a health care |
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facility on or after January 1, 2020. A service provided before |
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January 1, 2020, is governed by the law as it existed immediately |
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before the effective date of this Act, and that law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |