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A BILL TO BE ENTITLED
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AN ACT
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relating to facility fees charged by certain health care providers; |
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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. Subtitle G, Title 4, Health and Safety Code, is |
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amended by adding Chapter 328 to read as follows: |
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CHAPTER 328. PROHIBITED FACILITY FEES BY CERTAIN HEALTH CARE |
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PROVIDERS |
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Sec. 328.001. DEFINITIONS. In this chapter: |
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(1) "Department" means the Department of State Health |
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Services. |
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(2) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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(3) "Facility fee" means a fee charged by a health care |
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provider that is: |
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(A) intended to compensate the health care |
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provider for operational expenses; and |
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(B) separate from a fee charged by a health care |
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provider for professional medical services provided in a |
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hospital-based facility. |
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(4) "Freestanding emergency medical care facility" |
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has the meaning assigned by Section 254.001. |
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(5) "Health care provider" means an individual, |
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entity, corporation, person, or organization, whether for profit or |
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nonprofit, that provides or bills for the provision of health care |
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services in the normal course of business. The term includes a |
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hospital system, hospital, hospital-based facility, freestanding |
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emergency medical care facility, and urgent care clinic. |
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(6) "Hospital" has the meaning assigned by Section |
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241.003. |
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(7) "Hospital-based facility" means a facility that is |
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owned or operated, wholly or partly, by a hospital, and where |
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hospital or professional medical services are provided. |
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(8) "Hospital campus" means: |
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(A) the main buildings of a hospital; |
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(B) the physical area immediately adjacent to the |
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main buildings of a hospital and other areas or structures that are |
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not strictly contiguous to the main buildings but are located not |
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more than 250 yards from the main buildings of a hospital; and |
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(C) any other area that has been determined by |
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the Centers for Medicare and Medicaid Services to be a hospital |
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campus. |
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Sec. 328.002. PROHIBITED FACILITY FEES. (a) Except as |
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provided by Subsection (b), a health care provider may not charge a |
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facility fee, including a facility fee for: |
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(1) outpatient health care services; or |
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(2) health care services identified by the executive |
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commissioner under Subsection (c). |
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(b) Subsection (a) does not apply to: |
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(1) services provided on a hospital campus, except for |
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services described by Subsections (a)(1) and (2); or |
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(2) services provided at a freestanding emergency |
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medical care facility, except for services described by Subsection |
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(a)(2). |
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(c) The executive commissioner by rule shall annually |
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identify health care services that may be safely and effectively |
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provided outside of a hospital setting. A facility fee may not be |
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billed or collected for services identified under this subsection. |
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(d) This section may not be construed to expand the type of |
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health care services that a freestanding emergency medical care |
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facility is authorized to provide. |
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Sec. 328.003. REPORTING. Each health care provider shall |
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submit a report to the department, in the form and manner prescribed |
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by the department, detailing any facility fees charged by the |
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provider. A report submitted under this section must comply with |
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the requirements of Chapter 108. |
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Sec. 328.004. AUDIT. (a) The department or its designee may |
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audit a health care provider for compliance with this chapter. |
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(b) Each health care provider shall make available, on |
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written request of the department or its designee, copies of any |
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books, documents, records, or other data that are necessary to |
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complete the audit. |
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(c) Each health care provider shall retain copies of |
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information described by Subsection (b) until four years after the |
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date the health care services were provided. |
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Sec. 328.005. ENFORCEMENT. (a) The department shall assess |
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an administrative penalty in an amount not to exceed $1,000 against |
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a health care provider that violates this chapter or a rule adopted |
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under this chapter. |
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(b) This section does not create a private cause of action |
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against a provider for legal or equitable relief. |
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Sec. 328.006. RULES. The executive commissioner may adopt |
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rules to implement this chapter. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |