Bill Text: TX SB1001 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the practice of certain professions regulated under the Occupations Code and the payment and reimbursement of certain professionals.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2011-05-24 - Placed on General State Calendar [SB1001 Detail]
Download: Texas-2011-SB1001-Comm_Sub.html
Bill Title: Relating to the practice of certain professions regulated under the Occupations Code and the payment and reimbursement of certain professionals.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2011-05-24 - Placed on General State Calendar [SB1001 Detail]
Download: Texas-2011-SB1001-Comm_Sub.html
By: Carona, Van de Putte | S.B. No. 1001 | |
(In the Senate - Filed February 28, 2011; March 16, 2011, | ||
read first time and referred to Committee on Business and Commerce; | ||
April 11, 2011, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 6, Nays 0; April 11, 2011, | ||
sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 1001 | By: Carona |
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relating to the practice of certain professions regulated under the | ||
Occupations Code. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Title 2, Occupations Code, is amended by adding | ||
Chapter 60 to read as follows: | ||
CHAPTER 60. ABILITY TO PRACTICE PROFESSION | ||
Sec. 60.001. PURPOSE. The purpose of this chapter is to | ||
ensure that a person licensed under Title 3 may practice the | ||
person's profession to the full extent authorized by law in | ||
accordance with the person's education, training, and licensing. | ||
Sec. 60.002. CERTAIN INJUNCTIONS PROHIBITED. A licensing | ||
authority created under Title 3 may not institute an action to | ||
enjoin a person licensed by another licensing authority created | ||
under Title 3 from engaging in certain conduct if that conduct has | ||
been determined by the licensing authority that issued the license | ||
to be lawful and within the scope of practice authorized by the | ||
person's license. | ||
Sec. 60.003. COLLABORATION WITH OTHER LICENSEES. In | ||
accordance with the provisions of Title 3, a person licensed under a | ||
particular chapter of Title 3 is authorized to: | ||
(1) collaborate with a person licensed under a | ||
different chapter of Title 3 in providing services to a client if | ||
each person performs only those services that the person is | ||
authorized under state law, rules, or regulations to perform; or | ||
(2) use objective or subjective means to analyze, | ||
examine, evaluate, or otherwise determine the condition of the | ||
person's client for the purpose of: | ||
(A) providing services to the client that the | ||
person is authorized under state laws, rules, or regulations to | ||
provide; or | ||
(B) referring the client to an appropriate person | ||
licensed under Title 3 for the provision of services needed by the | ||
client. | ||
Sec. 60.004. AUTHORITY TO FORM CERTAIN ENTITIES AND | ||
ASSOCIATIONS. Any person licensed under Subtitle C, Title 3 of this | ||
code, may form a partnership, professional association, or | ||
professional limited liability company with persons licensed under | ||
Subtitle B, Title 3 of this code according to the procedures | ||
established in the Business Organizations Code. | ||
Sec. 60.005. BILLING AND REIMBURSEMENT FOR SERVICES. | ||
(a) A person licensed under Title 3 may use the same billing codes | ||
used by a person licensed under Chapter 453 if the billing codes | ||
describe services that the person is authorized to provide under | ||
state law, rules, or regulations. | ||
(b) An entity that reimburses persons licensed under Title 3 | ||
for physical modalities and procedures covered under a health | ||
benefit plan may not: | ||
(1) deny payment or reimbursement for covered physical | ||
modalities and procedures because of the type of license held by the | ||
person, if the entity allows payment or reimbursement for the same | ||
services provided by a person licensed under a different chapter of | ||
Title 3, and the services are performed in strict compliance with | ||
state laws, rules, and regulations relating to that person's | ||
license; | ||
(2) make payment or reimbursement for covered physical | ||
modalities and procedures that the person is authorized to provide | ||
under state law, rules, or regulations contingent on provision of | ||
those services by a person licensed under a different chapter of | ||
Title 3; or | ||
(3) establish other limitations on the provision of | ||
covered physical modalities and procedures by persons licensed | ||
under a particular chapter of Title 3 to provide those services that | ||
would prohibit a covered person from seeking the provision of | ||
covered physical modalities and procedures to an equal extent from | ||
any person licensed under Title 3 to provide those services. | ||
(c) Nothing in this section requires an entity to cover | ||
particular services or affects the ability of an entity to | ||
determine whether specific procedures for which payment or | ||
reimbursement is requested are medically necessary. | ||
(d) This section does not apply to workers' compensation | ||
insurance coverage as defined by Section 401.011, Labor Code, or a | ||
self-insured employee welfare benefit plan subject to the Employee | ||
Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et | ||
seq.). | ||
SECTION 2. This Act takes effect September 1, 2011. | ||
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