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A BILL TO BE ENTITLED
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AN ACT
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relating to prices charged by a medical staffing services agency |
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during certain designated public health disaster periods; |
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providing 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 D, Title 2, Health and Safety Code, is |
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amended by adding Chapter 81B to read as follows: |
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CHAPTER 81B. PRICE GOUGING OF MEDICAL STAFFING SERVICES DURING |
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DESIGNATED PUBLIC HEALTH DISASTER PERIOD |
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Sec. 81B.001. DEFINITIONS. In this chapter: |
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(1) "Designated public health disaster period" means a |
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period: |
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(A) based on a threat to the public health, |
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including a threat from: |
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(i) a chemical, biological, explosive, |
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nuclear, or radiological attack or incident; or |
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(ii) a communicable disease, epidemic, or |
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pandemic; |
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(B) beginning on the earlier of the date: |
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(i) the governor issues a proclamation or |
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executive order declaring a state of disaster under Chapter 418, |
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Government Code, for any area of this state; |
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(ii) the president of the United States |
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declares a state of disaster that includes an area of this state as |
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part of the federally declared disaster area; or |
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(iii) a disaster described by Subparagraph |
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(i) or (ii) occurs; and |
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(C) ending on the 30th day after the date the |
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disaster declaration expires or is terminated. |
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(2) "Exorbitant or excessive price" means a price |
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that: |
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(A) increases by more than 10 percent over the |
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price charged for medical staffing services provided immediately |
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before the designated public health disaster period; |
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(B) increases by more than 10 percent over the |
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tax-adjusted price charged for medical staffing services provided |
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in any area outside the geographic area subject to the designated |
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public health disaster period; |
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(C) increases by more than 10 percent over the |
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sum of: |
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(i) the higher of acquisition or |
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replacement cost for medical staffing services; and |
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(ii) the markup customarily applied by the |
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medical staffing services agency for medical staffing services in |
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the usual course of business immediately before the designated |
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public health disaster period; |
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(D) is not attributable to fluctuations in |
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applicable regional or national markets for medical staffing |
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services; or |
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(E) is not a contract price or price formula for |
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medical staffing services agreed to before the designated public |
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health disaster period. |
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Sec. 81B.002. APPLICABILITY. This chapter applies only to |
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a medical staffing services agency that provides the following |
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health care professionals to fill vacancies or address temporary |
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staffing needs during a designated public health disaster period: |
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(1) physician assistants licensed under Chapter 204, |
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Occupations Code; |
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(2) surgical assistants licensed under Chapter 206, |
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Occupations Code; |
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(3) nurses licensed under Chapter 301, Occupations |
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Code; or |
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(4) nurse aides listed in the nurse aide registry |
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under Chapter 250. |
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Sec. 81B.003. PROHIBITED PRICE GOUGING DURING DESIGNATED |
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PUBLIC HEALTH DISASTER PERIOD. During a designated public health |
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disaster period, a medical staffing services agency to which this |
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chapter applies may not demand or charge an exorbitant or excessive |
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price to provide medical staffing services to a health care |
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organization or other entity in this state in an area subject to a |
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declared state of disaster. |
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Sec. 81B.004. CIVIL PENALTY; INJUNCTION. (a) A medical |
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staffing services agency that violates this chapter is subject to a |
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civil penalty in an amount not to exceed $10,000 for each violation. |
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(b) The attorney general may bring an action in the name of |
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the state to: |
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(1) recover a civil penalty under this section; or |
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(2) restrain or enjoin the person from violating this |
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chapter. |
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(c) The attorney general may recover reasonable expenses |
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incurred in obtaining a civil penalty under this section, including |
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court costs, reasonable attorney's fees, expert witness fees, |
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deposition expenses, and investigatory costs. |
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SECTION 2. The changes in law made by this Act apply only to |
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an act that occurs on or after the effective date of this Act. An |
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act that occurs before the effective date of this Act is governed by |
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the law in effect on the date the act occurred, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |