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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation of the physician-patient relationship |
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with respect to certain medically necessary services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 74, Civil Practice and Remedies Code, is |
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amended by adding Subchapter L to read as follows: |
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Subchapter L. MEDICALLY NECESSARY SERVICES |
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Sec. 74.551. DEFINITIONS. In this subchapter: |
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(1) "Medically necessary" means medical services that |
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are supported by documentation which show the services are: |
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(A) reasonable and necessary to prevent illness, |
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medical, or dental conditions, or provide early screening, |
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interventions, or treatments for conditions that cause suffering or |
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pain, cause physical deformity or limitations in function, threaten |
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to cause or worsen a disability, cause illness or infirmity of a |
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patient, or endanger the patient’s life; |
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(B) consistent with health care practice |
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guidelines and standards that are issued by professionally |
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recognized health care organizations or governmental agencies; |
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(C) consistent with the diagnoses of the |
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conditions; |
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(D) no more intrusive or restrictive than |
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necessary to provide a proper balance of safety, effectiveness, and |
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efficiency; |
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(E) not experimental or investigative; and |
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(F) not primarily for the convenience of the |
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physician or patient engaged in a physician-patient relationship. |
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(2) "Physician-patient relationship" means a |
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consensual relationship that exists because of a contract, express |
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or implied, that the physician will treat the patient with proper |
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professional skill. |
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Sec. 74.552. EFFECT OF PATIENT CONSENT TO MEDICALLY |
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NECESSARY SERVICES. For purposes of this chapter or any other law, |
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a physician engaged in a physician-patient relationship is not |
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liable in a proceeding conducted under the laws of this state solely |
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for providing medically necessary services to the patient if the |
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physician complies with Subchapter C and the patient consents to |
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the services. |
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SECTION 2. This Act takes effect September 1, 2023. |