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A BILL TO BE ENTITLED
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AN ACT
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relating to the disclosure of health care cost information by |
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certain health care facilities; imposing an administrative |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 327.001(7), Health and Safety Code, is |
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amended to read as follows: |
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(7) "Facility" means: |
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(A) a hospital, including: |
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(i) a general hospital; |
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(ii) a special hospital; |
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(iii) a mental hospital; |
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(iv) a hospital that operates a crisis |
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stabilization unit; |
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(v) a limited services rural hospital; or |
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(vi) a hospital operating under a |
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certificate of public advantage under Chapter 314 or 314A; |
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(B) an abortion facility; |
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(C) an ambulatory surgical center; |
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(D) a birthing center; |
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(E) a facility registered on the burial or |
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cremation assistance registry under Section 697.005; |
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(F) a chemical dependency treatment facility; |
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(G) a community mental health center; |
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(H) a comprehensive outpatient rehabilitation |
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facility; |
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(I) an end stage renal disease facility; |
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(J) a freestanding emergency medical care |
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facility; |
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(K) a laboratory subject to the Clinical |
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Laboratory Improvement Amendments of 1988 (42 U.S.C. Section 263a); |
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(L) a narcotic drug treatment program; |
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(M) an outpatient clinic, rehabilitation agency, |
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or public health agency that provides outpatient physical therapy |
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and speech pathology services; |
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(N) a facility the commission regulates that |
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administers drugs the Texas Health and Human Services Psychiatric |
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Drug Formulary approves for use; |
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(O) a rural health clinic; |
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(P) a special care facility; or |
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(Q) a supplier of portable x-ray services |
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[licensed under Chapter 241]. |
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SECTION 2. Chapter 327, Health and Safety Code, is amended |
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by adding Section 327.0015 to read as follows: |
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Sec. 327.0015. APPLICABILITY. This chapter applies only to |
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a facility with a total gross revenue of $7 million or more. |
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SECTION 3. Sections 327.008(a), (c), and (d), Health and |
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Safety Code, are amended to read as follows: |
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(a) The commission may impose an administrative penalty on a |
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facility [in accordance with Chapter 241] if the facility fails to: |
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(1) respond to the commission's request to submit a |
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corrective action plan; or |
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(2) comply with the requirements of a corrective |
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action plan submitted to the commission. |
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(c) For a facility with one of the following total gross |
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revenues [as reported to the Centers for Medicare and Medicaid |
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Services or to another entity designated by commission rule in the |
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year preceding the year in which a penalty is imposed], the penalty |
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imposed by the commission may not exceed: |
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(1) [$10 for each day the facility violated this |
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chapter, if the facility's total gross revenue is less than |
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$10,000,000; |
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[(2)] $100 for each day the facility violated this |
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chapter, if the facility's total gross revenue is $7,000,000 |
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[$10,000,000] or more and less than $100,000,000; and |
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(2) [(3)] $1,000 for each day the facility violated |
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this chapter, if the facility's total gross revenue is $100,000,000 |
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or more. |
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(d) Each day a violation continues is considered a separate |
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violation. A cumulative administrative penalty may not exceed the |
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applicable daily amount provided by Subsection (c). |
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SECTION 4. A health care facility required to disclose |
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billing information as a result of the amendment to Chapter 327, |
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Health and Safety Code, by this Act is not required to disclose |
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information in accordance with that chapter until August 31, 2027. |
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SECTION 5. Section 327.008, Health and Safety Code, as |
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amended by this Act, applies only to a violation that occurs on or |
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after the effective date of this Act. A violation that occurs |
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before the effective date of this Act is governed by the law as it |
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existed on the date the violation occurred, and that law is |
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continued in effect for that purpose. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |
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* * * * * |