Bill Text: TX HB2041 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the regulation of freestanding emergency medical care facilities.
Spectrum: Slight Partisan Bill (Republican 7-3)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB2041 Detail]
Download: Texas-2019-HB2041-Enrolled.html
H.B. No. 2041 |
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relating to the regulation of freestanding emergency medical care | ||
facilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 108.002(10), Health and Safety Code, is | ||
amended to read as follows: | ||
(10) "Health care facility" means: | ||
(A) a hospital; | ||
(B) an ambulatory surgical center licensed under | ||
Chapter 243; | ||
(C) a chemical dependency treatment facility | ||
licensed under Chapter 464; | ||
(D) a renal dialysis facility; | ||
(E) a birthing center; | ||
(F) a rural health clinic; | ||
(G) a federally qualified health center as | ||
defined by 42 U.S.C. Section 1396d(l)(2)(B); [ |
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(H) a freestanding [ |
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center; or | ||
(I) a freestanding emergency medical care | ||
facility, as defined by Section 254.001, including a freestanding | ||
emergency medical care facility that is exempt from the licensing | ||
requirements of Chapter 254 under Section 254.052(8). | ||
SECTION 2. Section 241.202, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 241.202. ADVERTISING. A facility described by Section | ||
241.201: | ||
(1) may not advertise or hold itself out as a medical | ||
office, facility, or provider other than an emergency room if the | ||
facility charges for its services the usual and customary rate | ||
charged for the same service by a hospital emergency room in the | ||
same region of the state or located in a region of the state with | ||
comparable rates for emergency health care services; and | ||
(2) must comply with the regulations in Section | ||
254.157. | ||
SECTION 3. Subchapter I, Chapter 241, Health and Safety | ||
Code, is amended by adding Section 241.205 to read as follows: | ||
Sec. 241.205. DISCLOSURE STATEMENT REQUIRED. A facility | ||
described by Section 241.201 shall comply with Section 254.156. | ||
SECTION 4. Section 254.104, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 254.104. FREESTANDING EMERGENCY MEDICAL CARE FACILITY | ||
LICENSING FUND. All fees and administrative penalties collected | ||
under this chapter shall be deposited in the state treasury to the | ||
credit of the freestanding emergency medical care facility | ||
licensing fund and may be appropriated to the department only to | ||
administer and enforce this chapter. | ||
SECTION 5. Section 254.155, Health and Safety Code, is | ||
amended by amending Subsections (a), (b), and (d) and adding | ||
Subsection (e) to read as follows: | ||
(a) A facility shall post notice that: | ||
(1) states: | ||
(A) the facility is a freestanding emergency | ||
medical care facility; | ||
(B) the facility charges rates comparable to a | ||
hospital emergency room and may charge a facility fee; | ||
(C) a facility or a physician providing medical | ||
care at the facility may [ |
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provider network; and | ||
(D) a physician providing medical care at the | ||
facility may bill separately from the facility for the medical care | ||
provided to a patient; and | ||
(2) either: | ||
(A) lists the health benefit plans in which the | ||
facility is an in-network [ |
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benefit plan's provider network; or | ||
(B) states the facility is an out-of-network [ |
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[ |
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(b) The notice required by this section must be posted | ||
prominently and conspicuously: | ||
(1) at the primary entrance to the facility; | ||
(2) in each patient treatment room; | ||
(3) at each location within the facility at which a | ||
person pays for health care services; and | ||
(4) on the home page of the facility's Internet website | ||
or on a different page available through a hyperlink that is: | ||
(A) entitled "Insurance Information"; and | ||
(B) located prominently on the home page. | ||
(d) Notwithstanding Subsection (b), a facility that is an | ||
in-network [ |
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plan provider networks complies with Subsection (a)(2) if the | ||
facility: | ||
(1) provides notice on the facility's Internet website | ||
listing the health benefit plans in which the facility is an | ||
in-network [ |
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provider network; and | ||
(2) provides to a patient written confirmation of | ||
whether the facility is an in-network [ |
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the patient's health benefit plan's provider network. | ||
(e) A facility may not add to or alter the language of a | ||
notice required by this section. | ||
SECTION 6. Subchapter D, Chapter 254, Health and Safety | ||
Code, is amended by adding Sections 254.156, 254.157, and 254.158 | ||
to read as follows: | ||
Sec. 254.156. DISCLOSURE STATEMENT REQUIRED. (a) In | ||
addition to the notice required under Section 254.155, a facility | ||
shall provide to a patient or a patient's legally authorized | ||
representative a written disclosure statement in accordance with | ||
this section that: | ||
(1) lists the facility's observation and facility fees | ||
that may result from the patient's visit; and | ||
(2) lists the health benefit plans in which the | ||
facility is a network provider in the health benefit plan's | ||
provider network or states that the facility is an out-of-network | ||
provider for all health benefit plans. | ||
(b) A facility shall provide the disclosure statement in | ||
accordance with the standards prescribed by Section 254.153(a). | ||
(c) The disclosure statement must be: | ||
(1) printed in at least 16-point boldface type; | ||
(2) in a contrasting color using a font that is easily | ||
readable; and | ||
(3) in English and Spanish. | ||
(d) The disclosure statement: | ||
(1) must include: | ||
(A) the name and contact information of the | ||
facility; and | ||
(B) a place for the patient or the patient's | ||
legally authorized representative and an employee of the facility | ||
to sign and date the disclosure statement; | ||
(2) may include information on the facility's | ||
procedures for seeking reimbursement from the patient's health | ||
benefit plan; and | ||
(3) must, as applicable: | ||
(A) state "This facility charges a facility fee | ||
for medical treatment" and include: | ||
(i) the facility's median facility fee; | ||
(ii) a range of possible facility fees; and | ||
(iii) the facility fees for each level of | ||
care provided at the facility; and | ||
(B) state "This facility charges an observation | ||
fee for medical treatment" and include: | ||
(i) the facility's median observation fee; | ||
(ii) a range of possible observation fees; | ||
and | ||
(iii) the observation fees for each level | ||
of care provided at the facility. | ||
(e) A facility may include only the information described by | ||
Subsection (d) in the required disclosure statement and may not | ||
include any additional information in the statement. The facility | ||
annually shall update the statement. | ||
(f) A facility shall provide each patient with a physical | ||
copy of the disclosure statement even if the patient refuses or is | ||
unable to sign the statement. If a patient refuses or is unable to | ||
sign the statement, as required by this section, the facility shall | ||
indicate in the patient's file that the patient failed to sign. | ||
(g) A facility shall retain a copy of a signed disclosure | ||
statement provided under this section until the first anniversary | ||
of the date on which the disclosure was signed. | ||
(h) A facility is not required to provide notice to a | ||
patient or a patient's legally authorized representative under this | ||
section if the facility determines before providing emergency | ||
health care services to the patient that the patient will not be | ||
billed for the services. | ||
(i) A facility complies with the requirements of | ||
Subsections (a)(1) and (d)(3) if the facility posts on the | ||
facility's Internet website in a manner that is easily accessible | ||
and readable: | ||
(1) the facility's standard charges, including the | ||
fees described by those subsections; and | ||
(2) updates to the standard charges at least annually | ||
or more frequently as appropriate to reflect the facility's current | ||
charges. | ||
(j) A facility's failure to obtain the signed disclosure | ||
statement required by this section from the patient or the | ||
patient's legally authorized representative may not be a | ||
determining factor in the adjudication of liability for health care | ||
services provided to the patient at the facility. | ||
Sec. 254.157. CERTAIN ADVERTISING PROHIBITED. (a) A | ||
facility may not advertise or hold itself out as a network provider, | ||
including by stating that the facility "takes" or "accepts" any | ||
insurer, health maintenance organization, health benefit plan, or | ||
health benefit plan network, unless the facility is a network | ||
provider of a health benefit plan issuer. | ||
(b) A facility may not post the name or logo of a health | ||
benefit plan issuer in any signage or marketing materials if the | ||
facility is an out-of-network provider for all of the issuer's | ||
health benefit plans. | ||
(c) A violation of this section is a false, misleading, or | ||
deceptive act or practice under Subchapter E, Chapter 17, Business & | ||
Commerce Code, and is actionable under that subchapter. | ||
Sec. 254.158. REMOVAL OF SIGNS. A facility that closes or | ||
for which a license issued under this chapter expires or is | ||
suspended or revoked shall immediately remove or cause to be | ||
removed any signs within view of the general public indicating that | ||
the facility is in operation. | ||
SECTION 7. Sections 254.203(a) and (b), Health and Safety | ||
Code, are amended to read as follows: | ||
(a) The department may petition a district court for a | ||
temporary restraining order to restrain a continuing violation of | ||
the standards or licensing requirements provided under this chapter | ||
or of Section 254.158 if the department finds that the violation | ||
creates an immediate threat to the health and safety of the patients | ||
of a facility or of the public. | ||
(b) A district court, on petition of the department and on a | ||
finding by the court that a person is violating the standards or | ||
licensing requirements provided under this chapter or is violating | ||
Section 254.158, may by injunction: | ||
(1) prohibit a person from continuing the [ |
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violation [ |
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(2) restrain or prevent the establishment or operation | ||
of a facility without a license issued under this chapter; or | ||
(3) grant any other injunctive relief warranted by the | ||
facts. | ||
SECTION 8. Sections 254.205(a) and (c), Health and Safety | ||
Code, are amended to read as follows: | ||
(a) The department may impose an administrative penalty on a | ||
person licensed under this chapter who violates this chapter or a | ||
rule or order adopted under this chapter. A penalty collected under | ||
this section or Section 254.206 shall be deposited in the state | ||
treasury to the credit of the freestanding emergency medical care | ||
facility licensing [ |
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Section 254.104. | ||
(c) The [ |
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each violation. Each[ |
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be considered [ |
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purposes of imposing a penalty. [ |
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SECTION 9. Notwithstanding Section 108.002, Health and | ||
Safety Code, as amended by this Act, the Department of State Health | ||
Services is not required to collect data from a freestanding | ||
emergency medical care facility under Chapter 108, Health and | ||
Safety Code, unless money is available for that purpose. | ||
SECTION 10. The Health and Human Services Commission and | ||
the Department of State Health Services are required to implement a | ||
provision of this Act only if the legislature appropriates money | ||
specifically for that purpose. If the legislature does not | ||
appropriate money specifically for that purpose, the commission and | ||
department may, but are not required to, implement a provision of | ||
this Act using other appropriations available for that purpose. | ||
SECTION 11. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2041 was passed by the House on May 2, | ||
2019, by the following vote: Yeas 135, Nays 4, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 2041 on May 24, 2019, by the following vote: Yeas 141, Nays 2, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2041 was passed by the Senate, with | ||
amendments, on May 22, 2019, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |