89R20526 AB-D
 
  By: Harris Davila H.B. No. 216
 
  Substitute the following for H.B. No. 216:
 
  By:  VanDeaver C.S.H.B. No. 216
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to itemized billing for health care services and supplies
  provided by health care providers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 185.002, Health and Safety Code, is
  amended by amending Subsections (a), (c), and (d) and adding
  Subsection (c-1) to read as follows:
         (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 amount due for [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.
         (c)  A health care provider may issue the itemized bill:
               (1)  electronically, including through a patient
  portal on the provider's Internet website, subject to Subsection
  (c-1);
               (2)  through a hard copy delivered by mail or a common
  carrier; or
               (3)  through a hard copy the patient or the patient's
  designee obtains at the provider's place of business.
         (c-1)  A health care provider that issues an itemized bill to
  a patient electronically through a patient portal under Subsection
  (c) shall:
               (1)  determine whether the patient has an active
  patient profile on the portal; and
               (2)  if the health care provider determines the patient
  does not have an active patient portal, mail a copy of the itemized
  bill to the patient.
         (d)  A patient is entitled to obtain from the health care
  provider an itemized bill:
               (1)  subject to Subdivision (3), 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.  Section 185.003, Health and Safety Code, is
  amended to read as follows:
         Sec. 185.003.  DISCIPLINARY ACTION BY LICENSING
  AUTHORITY.  (a) The appropriate licensing authority shall take
  disciplinary action against a health care [the] provider that
  violates this chapter [for the violation] as if the provider
  violated an applicable licensing law.
         (b)  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:
               (1)  the mailed copy is returned as undeliverable; and
               (2)  the provider provides evidence of the
  undeliverability.
         SECTION 3.  Sections 311.002(b), (c), and (d), Health and
  Safety Code, are repealed.
         SECTION 4.  The changes in law made by this Act apply only to
  an itemized bill issued on or after the effective date of this Act.
  An itemized bill issued before the effective date of this Act is
  governed by the law in effect on the date the itemized bill was
  issued, and the former law is continued in effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2025.