Bill Text: TX HB124 | 2011-2012 | 82nd Legislature | Introduced


Bill Title: Relating to payment for health care services and participation in a health care system.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2011-03-17 - Left pending in committee [HB124 Detail]

Download: Texas-2011-HB124-Introduced.html
  82R52 JSC-D
 
  By: Legler H.B. No. 124
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to payment for health care services and participation in a
  health care system.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 8, Insurance Code, is amended by adding
  Subtitle K to read as follows:
  SUBTITLE K. PROVISIONS APPLICABLE TO HEALTH CARE SERVICES PROVIDED
  PURSUANT TO HEALTH CARE SYSTEM
  CHAPTER 1671. HEALTH CARE SERVICES PROVIDED PURSUANT TO HEALTH
  CARE SYSTEM
         Sec. 1671.001.  DEFINITIONS. In this chapter:
               (1)  "Direct payment" means payment for health care
  services provided to an individual or a dependent of the individual
  that is made by the individual or by the individual's employer,
  without a public or private third party, other than the employer,
  paying for any portion of the service.
               (2)  "Health care system" means any public or private
  entity, including a health insurer or health benefit plan, that for
  the benefit of its participants:
                     (A)  manages, enrolls individuals in, or makes
  full or partial payment for health care services; or
                     (B)  manages or processes health care data or
  information.
         Sec. 1671.002.  DIRECT PAYMENT; HEALTH CARE SYSTEM
  PARTICIPATION. (a) This state, an agency of this state, or a health
  care system may not:
               (1)  impose a fine or penalty on an individual or the
  individual's employer for direct payment for a health care service;
               (2)  impose a fine or penalty on a health care provider
  for accepting direct payment for a health care service; or
               (3)  directly or indirectly require an individual,
  employer, or health care provider to participate in a health care
  system, including imposing a fine or penalty for failure to
  participate.
         (b)  This section does not:
               (1)  affect which health care services a health care
  provider or hospital is required to provide;
               (2)  affect which health care services are permitted by
  law;
               (3)  prohibit care provided pursuant to a workers'
  compensation claim;
               (4)  affect a law or rule in effect January 1, 2010; or
               (5)  affect the terms or conditions of a health care
  system that do not:
                     (A)  impose a fine or penalty on an individual or
  the individual's employer for direct payment for a health care
  service; or
                     (B)  impose a fine or penalty on a health care
  provider for accepting direct payment for a health care service.
         Sec. 1671.003.  CONFLICTING LAW. A law that conflicts with
  this chapter is void.
         SECTION 2.  This Act takes effect September 1, 2011.
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