H.B. No. 2042
  relating to an electronic database of physicians, hospitals, and
  other health care providers participating in the state Medicaid
         SECTION 1.  Chapter 32, Human Resources Code, is amended by
  adding Subchapter C to read as follows:
         Sec. 32.101.  DEFINITIONS. In this subchapter:
               (1)  "Executive commissioner" means the executive
  commissioner of the Health and Human Services Commission.
               (2)  "Health care provider" means a person, other than
  a physician, who:
                     (A)  is licensed or otherwise authorized to
  provide a health care service in this state, including:
                           (i)  a pharmacist, dentist, optometrist,
  mental health counselor, social worker, advanced practice nurse,
  physician assistant, or durable medical equipment supplier; or
                           (ii)  a pharmacy, hospital, or other
  institution or organization;
                     (B)  is wholly owned or controlled by:
                           (i)  a health care provider or a group of
  health care providers described by Paragraph (A); or
                           (ii)  one or more hospitals and physicians,
  including a physician-hospital organization;
                     (C)  is a professional association of physicians
  organized under the Texas Professional Association Law, as
  described by Section 1.008, Business Organizations Code;
                     (D)  is an approved nonprofit health corporation
  certified under Chapter 162, Occupations Code;
                     (E)  is a medical and dental unit, as defined by
  Section 61.003, Education Code, a medical school, as defined by
  Section 61.501, Education Code, or a health science center
  described by Subchapter K, Chapter 74, Education Code, that employs
  or contracts with physicians to teach or provide medical services,
  or employs physicians and contracts with physicians in a practice
  plan; or
                     (F)  is another person wholly owned by physicians.
               (3)  "Managed care organization" has the meaning
  assigned by Section 533.001, Government Code.
               (4)  "Managed care plan" has the meaning assigned by
  Section 533.001, Government Code.
               (5)  "Participating provider" means a physician or
  health care provider who is a provider of medical assistance,
  including a physician or health care provider who contracts or
  otherwise agrees with a managed care organization to provide
  medical assistance under this chapter.
               (6)  "Physician" means an individual licensed to
  practice medicine in this state.
               (7)  "Recipient" means a recipient of medical
  PROVIDERS.  (a)  The executive commissioner shall establish and
  administer an electronic, searchable, Internet-based database of
  all participating providers in the medical assistance program.
         (b)  The database must include, as applicable, at least the
  following information regarding each participating provider:
               (1)  the provider's:
                     (A)  name;
                     (B)  specialty;
                     (C)  location;
                     (D)  office hours, including any office hours
  outside of regular business hours; and
                     (E)  telephone number;
               (2)  whether the provider:
                     (A)  is accepting new recipients, and if the
  provider is accepting new recipients and if applicable, the managed
  care organization or managed care plan under which new recipients
  are being accepted;
                     (B)  has any practice limitations, including
  specific age range limitations; and
                     (C)  speaks any languages other than English;
               (3)  a list of the medical assistance program services
  offered by the provider; and
               (4)  any waiver program or other program within the
  medical assistance program in which the provider is a participant,
  including the Texas Health Steps program.
         (c)  In establishing the database, the executive
  commissioner shall ensure that the database:
               (1)  allows a person to search a managed care
  organization by name and by participating provider within each of
  the managed care plans offered by that managed care organization;
               (2)  allows a participating provider to electronically
  access and change or update the information required by Subsection
  (b)(1), (2), or (3); and
               (3)  is available and accessible to each participating
  provider and each recipient.
         (d)  The executive commissioner shall ensure that the
  database is updated continually and at least once a month.
         Sec. 32.103.  CERTAIN FEES PROHIBITED.  A person, including
  the executive commissioner, a person acting under a contract under
  Section 32.104, or a managed care organization, may not charge a
  participating provider or a recipient a fee, directly or
  indirectly, for making information available or for accessing
  information in the database established under this subchapter.
         Sec. 32.104.  AUTHORITY TO CONTRACT. (a) The executive
  commissioner may contract with a state agency or a private entity
  for the creation, operation, and maintenance of the database
  required by this subchapter.
         (b)  A contract entered into under this section must allow
  the executive commissioner to oversee and supervise the contractor
  and the database.
         Sec. 32.105.  RULES. The executive commissioner shall adopt
  rules to implement and administer this subchapter.
         SECTION 2.  Not later than January 1, 2008, the executive
  commissioner of the Health and Human Services Commission shall
  adopt the rules required by Section 32.105, Human Resources Code,
  as added by this Act.
         SECTION 3.  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, 2007.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I certify that H.B. No. 2042 was passed by the House on May 4,
  2007, by the following vote:  Yeas 142, Nays 0, 2 present, not
  Chief Clerk of the House   
         I certify that H.B. No. 2042 was passed by the Senate on May
  22, 2007, by the following vote:  Yeas 31, Nays 0.
  Secretary of the Senate    
  APPROVED:  _____________________