bill banning facility fees on telehealth visits

The text as introduced · 391 words

89R4690 AB-D

By: Harris Davila
H.B. No. 2631

A BILL TO BE ENTITLED

AN ACT

relating to prohibited facility fees for telehealth and

telemedicine medical services; providing an administrative

penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle G, Title 4, Health and Safety Code, is

amended by adding Chapter 328 to read as follows:

CHAPTER 328. PROHIBITED FACILITY FEES FOR TELEHEALTH AND

TELEMEDICINE MEDICAL SERVICES

Sec. 328.001. DEFINITIONS. In this chapter:

(1) "Commission" means the Health and Human Services

Commission.

(2) "Executive commissioner" means the executive

commissioner of the commission.

(3) "Facility fee" means a fee a health care provider

charges that is:

(A) intended to compensate the health care

provider for operational expenses; and

(B) separate from a fee a health care provider

charges for professional medical services provided to a patient.

(4) "Freestanding emergency medical care facility"

has the meaning assigned by Section 254.001.

(5) "Health care provider" means an individual,

entity, corporation, person, or organization, whether for profit or

nonprofit, that provides or bills for the provision of health care

services in the normal course of business. The term includes a

hospital system, hospital, hospital-based facility, freestanding

emergency medical care facility, and urgent care clinic.

(6) "Hospital" has the meaning assigned by Section

241.003.

(7) "Hospital-based facility" means a facility a

hospital owns or operates, wholly or partly, at which hospital or

professional medical services are provided.

(8) "Telehealth service" and "telemedicine medical

service" have the meanings assigned by Section 111.001, Occupations

Code.

Sec. 328.002. PROHIBITED FACILITY FEES. A health care

provider may not charge a facility fee for telehealth services or

telemedicine medical services.

Sec. 328.003. ENFORCEMENT. (a) The commission shall

assess an administrative penalty in an amount not to exceed $1,000

against a health care provider that violates this chapter or a rule

adopted under this chapter.

(b) This section does not create a private cause of action

against a provider for legal or equitable relief.

Sec. 328.004. RULES. The executive commissioner may adopt

rules to implement this chapter.

SECTION 2. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.