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A BILL TO BE ENTITLED
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AN ACT
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relating to unconscionable prices charged by health care providers |
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for health care services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 17, Business & Commerce |
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Code, is amended by adding Section 17.465 to read as follows: |
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Sec. 17.465. UNCONSCIONABLE PRICE FOR HEALTH CARE |
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SERVICES. (a) In this section: |
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(1) "Emergency care" and "emergency facility" have the |
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meanings assigned by Section 17.464, as that section existed before |
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September 1, 2025. |
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(2) "Health care provider" means an individual or |
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facility licensed, certified, or otherwise authorized to provide |
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health care services in the ordinary course of business or |
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professional practice and includes a physician. |
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(3) "Health care services" includes emergency care |
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provided in an emergency facility, as those terms are defined by |
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Section 17.464, as that section existed before September 1, 2025. |
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(b) For purposes of Section 17.46(a), the term "false, |
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misleading, or deceptive acts or practices" includes a health care |
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provider that: |
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(1) provides health care services at an unconscionable |
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price; or |
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(2) demands or charges an unconscionable price for or |
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in connection with health care services provided by the health care |
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provider. |
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(c) The consumer protection division may not bring an action |
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under Section 17.47 for an act or practice described by Subsection |
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(b) if the price alleged to be unconscionable is less than 200 |
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percent of the average charge for the same or substantially similar |
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health care services provided to other individuals by similar |
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health care providers located in the same county or nearest county |
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in which the health care provider is located, as applicable, |
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according to data collected by the Department of State Health |
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Services under Chapter 108, Health and Safety Code, and made |
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available to the division, except as provided by Subsection (d). If |
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the health care services are emergency care provided in an |
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emergency facility, the consumer protection division may not use |
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data that includes prices for care provided in an urgent care |
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setting or physician practice to establish the division's authority |
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to investigate and pursue an action under this subchapter. |
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(d) If the attorney general determines that the consumer |
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protection division is unable to obtain the charge data described |
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by Subsection (c), the attorney general may adopt rules designating |
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another source of charge data for use by the division in |
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establishing the average charge for health care services provided |
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by health care providers for purposes of Subsection (c). |
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(e) In an action brought under Section 17.47 to enforce this |
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section, the consumer protection division may request, and the |
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trier of fact may award the recovery of: |
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(1) reasonable attorney's fees and court costs; and |
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(2) the reasonable expenses incurred by the division |
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in obtaining any remedy available under Section 17.47, including |
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the cost of investigation, witness fees, and deposition expenses. |
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(f) This section does not create a private cause of action |
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for a false, misleading, or deceptive act or practice described by |
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Subsection (b). |
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SECTION 2. Section 17.464, Business & Commerce Code, is |
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repealed. |
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SECTION 3. The changes in law made by this Act apply only to |
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health care services provided on or after the effective date of this |
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Act. Health care services provided before the effective date of |
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this Act are governed by the law as it existed immediately before |
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the effective date of this Act, and that law is continued in effect |
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for that purpose. |
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SECTION 4. This Act takes effect September 1, 2025. |