| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to facility fees charged by certain health care providers; |
|
|
providing an administrative penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subtitle G, Title 4, Health and Safety Code, is |
|
|
amended by adding Chapter 328 to read as follows: |
|
|
CHAPTER 328. PROHIBITED FACILITY FEES BY CERTAIN HEALTH CARE |
|
|
PROVIDERS |
|
|
Sec. 328.001. DEFINITIONS. In this chapter: |
|
|
(1) "Commission" means the Health and Human Services |
|
|
Commission. |
|
|
(2) "Executive commissioner" means the executive |
|
|
commissioner of the commission. |
|
|
(3) "Facility fee" means a fee charged by a health care |
|
|
provider that is: |
|
|
(A) intended to compensate the health care |
|
|
provider for operational expenses; and |
|
|
(B) separate from a fee charged by a health care |
|
|
provider for professional medical services provided in a |
|
|
hospital-based facility. |
|
|
(4) "Freestanding emergency medical care facility" |
|
|
has the meaning assigned by Section 254.001. |
|
|
(5) "Health care provider" means an individual, |
|
|
entity, corporation, person, or organization, whether for profit or |
|
|
nonprofit, that provides or bills for the provision of health care |
|
|
services in the normal course of business. The term includes a |
|
|
hospital system, hospital, hospital-based facility, freestanding |
|
|
emergency medical care facility, and urgent care clinic. |
|
|
(6) "Hospital" has the meaning assigned by Section |
|
|
241.003. |
|
|
(7) "Hospital-based facility" means a facility that is |
|
|
owned or operated, wholly or partly, by a hospital, and where |
|
|
hospital or professional medical services are provided. |
|
|
(8) "Hospital campus" means: |
|
|
(A) the main buildings of a hospital; |
|
|
(B) the physical area immediately adjacent to the |
|
|
main buildings of a hospital and other areas or structures that are |
|
|
not strictly contiguous to the main buildings but are located not |
|
|
more than 250 yards from the main buildings of a hospital; and |
|
|
(C) any other area that has been determined by |
|
|
the Centers for Medicare and Medicaid Services to be a hospital |
|
|
campus. |
|
|
Sec. 328.002. PROHIBITED FACILITY FEES. (a) Except as |
|
|
provided by Subsection (b), a health care provider may not charge a |
|
|
facility fee for health care services. |
|
|
(b) Subsection (a) does not apply to: |
|
|
(1) services provided on a hospital campus; or |
|
|
(2) emergency care, as defined by Section 1301.155, |
|
|
Insurance Code. |
|
|
Sec. 328.003. ENFORCEMENT. (a) The commission shall assess |
|
|
an administrative penalty in an amount not to exceed $1,000 against |
|
|
a health care provider that violates this chapter or a rule adopted |
|
|
under this chapter. |
|
|
(b) This section does not create a private cause of action |
|
|
against a provider for legal or equitable relief. |
|
|
Sec. 328.004. RULES. The executive commissioner may adopt |
|
|
rules to implement this chapter. |
|
|
SECTION 2. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2025. |