Bill Text: TX SB1001 | 2011-2012 | 82nd Legislature | Engrossed
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-Engrossed.html
By: Carona, Van de Putte | S.B. No. 1001 |
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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. COLLABORATION BETWEEN PHYSICIANS AND | ||
CHIROPRACTORS. A person licensed under Subtitle B, Title 3, and a | ||
person licensed under Chapter 201 are authorized to: | ||
(1) collaborate with each other 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. 60.003. AUTHORITY TO FORM CERTAIN ENTITIES AND | ||
ASSOCIATIONS. (a) A person licensed under Subtitle B, Title 3, | ||
and a person licensed under Chapter 201 may form a partnership, | ||
professional association, or professional limited liability | ||
company according to the requirements of this section and any other | ||
applicable law. | ||
(b) When persons licensed under Chapter 201 form a | ||
professional entity with persons licensed under Subtitle B, Title | ||
3, as provided by this section, the authority of each practitioner | ||
is limited by that practitioner's scope of practice, and a | ||
practitioner may not exercise control over another practitioner's | ||
clinical authority granted by the other practitioner's license, | ||
either through agreements, bylaws, directives, financial | ||
incentives, or other arrangements that would assert control over | ||
treatment decisions made by the practitioner. | ||
(c) The state agencies exercising regulatory control over | ||
professions to which this section applies continue to exercise | ||
regulatory authority over their respective licenses. | ||
(d) A person licensed under Subtitle B, Title 3, who forms a | ||
professional entity under this section shall report the formation | ||
of the entity and any material change in agreements, bylaws, | ||
directives, financial incentives, or other arrangements related to | ||
the operation of the entity to the Texas Medical Board no later than | ||
the 30th day after the entity is formed or the material change is | ||
made. | ||
Sec. 60.004. BILLING AND REIMBURSEMENT FOR SERVICES. | ||
(a) A person licensed under Chapter 201 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) If physical modalities and procedures are covered | ||
services under a health benefit plan and within the scope of the | ||
license of a chiropractor and one or more other type of | ||
practitioner, a health benefit plan issuer may not: | ||
(1) deny payment or reimbursement for physical | ||
modalities and procedures provided by a chiropractor if: | ||
(A) the chiropractor provides the modalities and | ||
procedures in strict compliance with laws and rules relating to a | ||
chiropractor's license; and | ||
(B) the health benefit plan issuer allows payment | ||
or reimbursement for the same physical modalities and procedures | ||
performed by another type of practitioner; | ||
(2) make payment or reimbursement for particular | ||
covered physical modalities and procedures within the scope of a | ||
chiropractor's practice contingent on treatment or examination by a | ||
practitioner that is not a chiropractor; or | ||
(3) establish other limitations on the provision of | ||
covered physical modalities and procedures that would prohibit a | ||
covered person from seeking the covered physical modalities and | ||
procedures from a chiropractor to the same extent that the covered | ||
person may obtain covered physical modalities and procedures from | ||
another type of practitioner. | ||
(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. |