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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of health care services by a freestanding |
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emergency medical care facility and the collection of fees for |
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providing those services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 254.001, Health and Safety Code, is |
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amended by adding Subdivision (5-a) to read as follows: |
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(5-a) "Patient" means an individual who seeks or |
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receives emergency care at a facility. |
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SECTION 2. Subchapter A, Chapter 254, Health and Safety |
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Code, is amended by adding Section 254.002 to read as follows: |
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Sec. 254.002. PURPOSE; CONSTRUCTION. (a) The purpose of |
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this chapter is to protect patients who may be in need of emergency |
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care by ensuring that a facility established, operated, or held out |
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to the public as a facility regulated under this chapter meets the |
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standards for providing emergency care required by this chapter and |
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rules adopted under this chapter, including the capacity to |
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stabilize and transfer patients. |
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(b) To increase access to and ensure the efficient delivery |
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of health care services in this state, this chapter may not be |
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construed to prohibit the colocation of emergency care and health |
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care services other than emergency care at a facility or the dual |
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use of a facility's personnel, equipment, supplies, furnishings, |
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laboratory, or other property for the provision of health care |
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services other than emergency care. |
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(c) A facility's provision of health care services other |
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than emergency care is governed by the law applicable to those |
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services. |
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SECTION 3. Subchapter D, Chapter 254, Health and Safety |
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Code, is amended by adding Section 254.152 to read as follows: |
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Sec. 254.152. REFERENCE TO FEE OR RATE. In this subchapter, |
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a reference to a fee or rate means an amount charged to a patient for |
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emergency care provided at a facility and includes a facility fee |
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related to the provision of that emergency care. |
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SECTION 4. Section 254.155(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A facility shall post notice that: |
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(1) states: |
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(A) the facility is a freestanding emergency |
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medical care facility; |
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(B) the facility charges rates comparable to a |
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hospital emergency room and may charge a facility fee only for the |
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provision of emergency care; |
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(C) a facility or a physician providing medical |
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care at the facility may be an out-of-network provider for the |
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patient's health benefit plan provider network; and |
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(D) a physician providing medical care at the |
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facility may bill separately from the facility for the medical care |
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provided to a patient; and |
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(2) either: |
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(A) lists the health benefit plans in which the |
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facility is an in-network provider in the health benefit plan's |
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provider network; or |
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(B) states the facility is an out-of-network |
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provider for all health benefit plans. |
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SECTION 5. Section 254.1555, Health and Safety Code, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) A facility providing health care services other than |
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emergency care may not charge a facility fee for the provision of |
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those services. |
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SECTION 6. Section 254.156(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) The disclosure statement: |
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(1) must include: |
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(A) the name and contact information of the |
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facility; and |
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(B) a place for the patient or the patient's |
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legally authorized representative and an employee of the facility |
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to sign and date the disclosure statement; |
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(2) may include information on the facility's |
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procedures for seeking reimbursement from the patient's health |
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benefit plan; and |
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(3) must, as applicable: |
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(A) state "This facility charges a facility fee |
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for emergency care [medical treatment]" and include: |
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(i) the facility's median facility fee; |
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(ii) a range of possible facility fees; and |
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(iii) the facility fees for each level of |
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care provided at the facility; and |
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(B) state "This facility charges an observation |
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fee for medical treatment" and include: |
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(i) the facility's median observation fee; |
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(ii) a range of possible observation fees; |
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and |
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(iii) the observation fees for each level |
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of care provided at the facility. |
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SECTION 7. This Act takes effect September 1, 2025. |