88R22360 LRM-D
 
  By: Hughes, et al. S.B. No. 490
 
  (Harris of Williamson, Klick, Frank, Campos, Collier, et al.)
 
  Substitute the following for S.B. No. 490:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to itemized billing for health care services and supplies
  provided by health care providers; authorizing an administrative
  penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 2, Health and Safety Code, is amended by
  adding Subtitle J to read as follows:
  SUBTITLE J. PAYMENT FOR HEALTH CARE SERVICES AND SUPPLIES
  CHAPTER 185. HEALTH CARE BILLING
         Sec. 185.001.  DEFINITIONS. In this chapter:
               (1)  "Debt collection" has the meaning assigned by
  Section 392.001, Finance Code.
               (2)  "Health care provider" means an individual or
  facility licensed, certified, or otherwise authorized to provide
  health care services or supplies in this state in the ordinary
  course of business or professional practice, including a physician
  or a hospital.
               (3)  "Health care service" means a service a health
  care provider provides to an individual to diagnose, prevent,
  treat, alleviate, cure, or heal a human health condition, illness,
  injury, or disease.
         Sec. 185.002.  ITEMIZED BILL REQUIRED. (a)  A health care
  provider that requests payment from a patient after providing a
  health care service or related supply to the patient shall submit
  with the request a written, itemized bill of the alleged cost of
  each service and supply provided to the patient during the
  patient's visit to the provider.  The provider must submit the
  itemized bill not later than the 30th day after the provider
  receives a final payment on the provided service or supply from a
  third party.
         (b)  The itemized bill must include:
               (1)  a plain language description of each distinct
  health care service or supply the health care provider provided to
  the patient;
               (2)  if the provider sought or is seeking reimbursement
  from a third party, any billing code submitted to the third party
  and the amounts billed to and paid by that third party; and
               (3)  the amount the provider alleges is due from the
  patient for each service and supply provided to the patient.
         (c)  A health care provider may issue the itemized bill
  electronically, including through a patient portal on the
  provider's Internet website.
         (d)  A patient is entitled to obtain from the health care
  provider an itemized bill on request at any time after the itemized
  bill is initially issued under Subsection (a).
         (e)  A health care provider may not pursue debt collection
  against a patient for a provided health care service or supply
  unless the provider has complied with this section.
         Sec. 185.003.  ADMINISTRATIVE PENALTY AND OTHER
  DISCIPLINARY ACTION BY LICENSING AUTHORITY. The appropriate
  licensing authority shall impose an administrative penalty against
  a health care provider that violates this chapter in the amount of
  $1,000 for each violation and may also take other disciplinary
  action against the provider for the violation as if the provider
  violated an applicable licensing law.
         SECTION 2.  This Act takes effect September 1, 2023.