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  H.B. No. 1376
 
 
 
 
AN ACT
  relating to advertising by certain facilities that provide
  emergency services; providing an administrative penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 241, Health and Safety Code, is amended
  by adding Subchapter H to read as follows:
  SUBCHAPTER H. FREESTANDING EMERGENCY MEDICAL CARE FACILITIES
  ASSOCIATED WITH LICENSED HOSPITALS
         Sec. 241.181.  APPLICABILITY. This subchapter applies only
  to a freestanding emergency medical care facility, as that term is
  defined by Section 254.001, that is exempt from the licensing
  requirements of Chapter 254 under Section 254.052(7) or (8).
         Sec. 241.182.  ADVERTISING. A facility described by Section
  241.181 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.
         Sec. 241.183.  POSTED NOTICE. Subject to Section 241.006,
  the department shall adopt rules for a notice to be posted in a
  conspicuous place in the facility described by Section 241.181 that
  notifies prospective patients that the facility is an emergency
  room and charges rates comparable to a hospital emergency room.
         Sec. 241.184.  ADMINISTRATIVE PENALTY. The commissioner of
  health may assess an administrative penalty under Section 241.059
  against a hospital that violates this subchapter.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the Department of State Health Services shall adopt
  rules relating to the notice required under Section 241.183, Health
  and Safety Code, as added by this Act.
         SECTION 3.  This Act takes effect September 1, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1376 was passed by the House on May 2,
  2013, by the following vote:  Yeas 147, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1376 was passed by the Senate on May
  22, 2013, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor