BILL ANALYSIS

 

 

Senate Research Center

H.B. 216

 

By: Harris Davila; Frank (Hughes)

 

Health & Human Services

 

5/16/2025

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The bill author has informed the committee that some individuals are facing challenges in accessing their itemized medical bills due to barriers such as lack of Internet access, difficulty navigating health care portals, or delays in receiving paper statements and that this can create difficulties in verifying charges, identifying billing errors, or managing health care expenses effectively. The bill author has further informed the committee that without clear and timely access to itemized bills, patients may struggle to dispute incorrect charges, budget for medical costs, or use financial assistance programs and that, for a variety of reasons, these individuals rely on mailed correspondence, which still remains a preferred or default option. H.B. 216 seeks to ensure that patients always receive an itemized bill for health care services and supplies, even if they have not set up an online patient portal.

 

H.B. 216 amends current law relating to itemized billing for health care services and supplies provided by health care providers.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 185.002, Health and Safety Code, by amending Subsections (a), (c), and (d) and adding Subsection (c-1), as follows:

 

(a) Requires a health care provider that requests payment from a patient after providing a health care service or related supply to the patient to submit with the request a written, itemized bill of the alleged amount due for, rather than cost of, each service and supply provided to the patient during the patient's visit to the provider.

 

(c) Authorizes a health care provider to issue the itemized bill electronically, including through a patient portal on the provider's Internet website, subject to Subsection (c-1); through a hard copy delivered by mail or a common carrier; or through a hard copy the patient or the patient's designee obtains at the provider's place of business. Makes nonsubstantive changes.

 

(c-1) Requires a health care provider that issues an itemized bill to a patient electronically through a patient portal under Subsection (c) to determine whether the patient has an active patient profile on the portal, if feasible, and, if the health care provider is able to determine that the patient does not have an active patient portal, mail, e-mail, or provide a physical copy of the itemized bill to the patient, according to the patient's preference.

 

(d) Provides that a patient is entitled to obtain from the health care provider an itemized bill:

 

(1) subject to Subdivision (3), on request, rather than on request at any time, after the itemized bill is initially issued under Subsection (a);

 

(2) through the patient's chosen method of issuance in accordance with Subsection (c); and

 

(3) until the date the provider is no longer required to retain an itemized bill under applicable record retention laws or provider policies and procedures regarding retention of patient billing information.

 

SECTION 2. Amends Section 185.003, Health and Safety Code, as follows:

 

Sec. 185.003. DISCIPLINARY ACTION BY LICENSING AUTHORITY. (a) Creates this subsection from existing text. Requires the appropriate licensing authority to take disciplinary action against a health care provider that violates this chapter, rather against than the provider for the violation, as if the provider violated an applicable licensing law.

 

(b) Provides that Subsection (a) does not apply to a health care provider that in good faith mails a hard copy of an itemized bill to a patient if the mailed copy is returned as undeliverable or lost or the address on file for the patient was not current at the time the itemized bill was mailed.

 

SECTION 3. Repealers: Sections 311.002(b) (relating to requiring a hospital to provide on request an itemized statement of the billed services provided to the person) and (c) (relating to requiring a hospital, before a person is discharged from a hospital, to inform the person of the availability of the statement), Health and Safety Code.

 

Repealer: Section 311.002(d) (relating to requiring a person, to be entitled to receive a statement, to request the statement not later than one year after the date on which the person is discharged from the hospital), Health and Safety Code.

 

SECTION 4. Makes application of this Act prospective.

 

SECTION 5. Effective date: September 1, 2025.