bill letting freestanding emergency rooms offer non-emergency care

The text as introduced · 678 words

89R2019 MPF-F

By: Schoolcraft
H.B. No. 4094

A BILL TO BE ENTITLED

AN ACT

relating to the provision of health care services by a freestanding

emergency medical care facility and the collection of fees for

providing those services.

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

SECTION 1. Section 254.001, Health and Safety Code, is

amended by adding Subdivision (5-a) to read as follows:

(5-a) "Patient" means an individual who seeks or

receives emergency care at a facility.

SECTION 2. Subchapter A, Chapter 254, Health and Safety

Code, is amended by adding Section 254.002 to read as follows:

Sec. 254.002. PURPOSE; CONSTRUCTION. (a) The purpose of

this chapter is to protect patients who may be in need of emergency

care by ensuring that a facility established, operated, or held out

to the public as a facility regulated under this chapter meets the

standards for providing emergency care required by this chapter and

rules adopted under this chapter, including the capacity to

stabilize and transfer patients.

(b) To increase access to and ensure the efficient delivery

of health care services in this state, this chapter may not be

construed to prohibit the colocation of emergency care and health

care services other than emergency care at a facility or the dual

use of a facility's personnel, equipment, supplies, furnishings,

laboratory, or other property for the provision of health care

services other than emergency care.

(c) A facility's provision of health care services other

than emergency care is governed by the law applicable to those

services.

SECTION 3. Subchapter D, Chapter 254, Health and Safety

Code, is amended by adding Section 254.152 to read as follows:

Sec. 254.152. REFERENCE TO FEE OR RATE. In this subchapter,

a reference to a fee or rate means an amount charged to a patient for

emergency care provided at a facility and includes a facility fee

related to the provision of that emergency care.

SECTION 4. Section 254.155(a), Health and Safety Code, is

amended 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 only for the

provision of emergency care ;

(C) a facility or a physician providing medical

care at the facility may be an out-of-network provider for the

patient's health benefit plan 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 provider in the health benefit plan's

provider network; or

(B) states the facility is an out-of-network

provider for all health benefit plans.

SECTION 5. Section 254.1555, Health and Safety Code, is

amended by adding Subsection (a-1) to read as follows:

(a-1) A facility providing health care services other than

emergency care may not charge a facility fee for the provision of

those services.

SECTION 6. Section 254.156(d), Health and Safety Code, is

amended to read as follows:

(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 emergency care [ 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.

SECTION 7. This Act takes effect September 1, 2025.