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        |  | AN ACT | 
      
        |  | relating to health care information provided by and notice of | 
      
        |  | facility fees charged by certain freestanding emergency medical | 
      
        |  | care facilities. | 
      
        |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
        |  | SECTION 1.  Chapter 241, Health and Safety Code, is amended | 
      
        |  | by adding Subchapter J to read as follows: | 
      
        |  | SUBCHAPTER J.  NOTICE OF FACILITY FEES IN CERTAIN FREESTANDING | 
      
        |  | EMERGENCY MEDICAL CARE FACILITIES | 
      
        |  | Sec. 241.251.  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(8). | 
      
        |  | Sec. 241.252.  NOTICE OF FEES.  (a)  In this section, | 
      
        |  | "provider network" has the meaning assigned by Section 1456.001, | 
      
        |  | Insurance Code. | 
      
        |  | (b)  A facility described by Section 241.251 shall post | 
      
        |  | notice that states: | 
      
        |  | (1)  that the facility is a freestanding emergency | 
      
        |  | medical care facility; | 
      
        |  | (2)  that the facility charges rates comparable to a | 
      
        |  | hospital emergency room and may charge a facility fee; | 
      
        |  | (3)  that a facility or a physician providing medical | 
      
        |  | care at the facility may not be a participating provider in the | 
      
        |  | patient's health benefit plan provider network; and | 
      
        |  | (4)  that a physician providing medical care at the | 
      
        |  | facility may bill separately from the facility for the medical care | 
      
        |  | provided to a patient. | 
      
        |  | (c)  The notice required by this section must be posted | 
      
        |  | prominently and conspicuously: | 
      
        |  | (1)  at the primary entrance to the facility; | 
      
        |  | (2)  in each patient treatment room; | 
      
        |  | (3)  at each location within the facility at which a | 
      
        |  | person pays for health care services; and | 
      
        |  | (4)  on the facility's Internet website. | 
      
        |  | (d)  The notice required by Subsections (c)(1), (2), and (3) | 
      
        |  | must be in legible print on a sign with dimensions of at least 8.5 | 
      
        |  | inches by 11 inches. | 
      
        |  | SECTION 2.  Section 254.001, Health and Safety Code, is | 
      
        |  | amended by adding Subdivision (6) to read as follows: | 
      
        |  | (6)  "Provider network" has the meaning assigned by | 
      
        |  | Section 1456.001, Insurance Code. | 
      
        |  | SECTION 3.  Subchapter D, Chapter 254, Health and Safety | 
      
        |  | Code, is amended by adding Section 254.155 to read as follows: | 
      
        |  | Sec. 254.155.  NOTICE OF FEES.  (a)  A facility shall post | 
      
        |  | notice that states: | 
      
        |  | (1)  that the facility is a freestanding emergency | 
      
        |  | medical care facility; | 
      
        |  | (2)  that the facility charges rates comparable to a | 
      
        |  | hospital emergency room and may charge a facility fee; | 
      
        |  | (3)  that a facility or a physician providing medical | 
      
        |  | care at the facility may not be a participating provider in the | 
      
        |  | patient's health benefit plan provider network; and | 
      
        |  | (4)  that a physician providing medical care at the | 
      
        |  | facility may bill separately from the facility for the medical care | 
      
        |  | provided to a patient. | 
      
        |  | (b)  The notice required by this section must be posted | 
      
        |  | prominently and conspicuously: | 
      
        |  | (1)  at the primary entrance to the facility; | 
      
        |  | (2)  in each patient treatment room; | 
      
        |  | (3)  at each location within the facility at which a | 
      
        |  | person pays for health care services; and | 
      
        |  | (4)  on the facility's Internet website. | 
      
        |  | (c)  The notice required by Subsections (b)(1), (2), and (3) | 
      
        |  | must be in legible print on a sign with dimensions of at least 8.5 | 
      
        |  | inches by 11 inches. | 
      
        |  | SECTION 4.  Section 324.001(7), Health and Safety Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (7)  "Facility" means: | 
      
        |  | (A)  an ambulatory surgical center licensed under | 
      
        |  | Chapter 243; | 
      
        |  | (B)  a birthing center licensed under Chapter 244; | 
      
        |  | [ or] | 
      
        |  | (C)  a hospital licensed under Chapter 241; or | 
      
        |  | (D)  a freestanding emergency medical care | 
      
        |  | facility, as defined in Section 254.001, including a freestanding | 
      
        |  | emergency medical care facility that is exempt from the licensing | 
      
        |  | requirements of Chapter 254 under Section 254.052(8). | 
      
        |  | SECTION 5.  Section 241.183, Health and Safety Code, as | 
      
        |  | added by Chapter 917 (H.B. 1376), Acts of the 83rd Legislature, | 
      
        |  | Regular Session, 2013, and as amended by S.B. 219, Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, is repealed. | 
      
        |  | SECTION 6.  (a)  Notwithstanding Subchapter J, Chapter 241, | 
      
        |  | Health and Safety Code, and Section 254.155, Health and Safety | 
      
        |  | Code, as added by this Act, a freestanding emergency medical care | 
      
        |  | facility is not required to comply with those provisions until | 
      
        |  | January 1, 2016. | 
      
        |  | (b)  Notwithstanding Chapter 324, Health and Safety Code, as | 
      
        |  | amended by this Act, a freestanding emergency medical care facility | 
      
        |  | is not required to comply with Chapter 324, Health and Safety Code, | 
      
        |  | until January 1, 2016. | 
      
        |  | SECTION 7.  This Act takes effect September 1, 2015. | 
      
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        |  | ______________________________ | ______________________________ | 
      
        |  | President of the Senate | Speaker of the House | 
      
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        |  | I hereby certify that S.B. No. 425 passed the Senate on | 
      
        |  | April 16, 2015, by the following vote:  Yeas 30, Nays 1; and that | 
      
        |  | the Senate concurred in House amendment on May 18, 2015, by the | 
      
        |  | following vote:  Yeas 30, Nays 0. | 
      
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        |  | 
      
        |  | ______________________________ | 
      
        |  | Secretary of the Senate | 
      
        |  | 
      
        |  | I hereby certify that S.B. No. 425 passed the House, with | 
      
        |  | amendment, on May 12, 2015, by the following vote:  Yeas 138, | 
      
        |  | Nays 5, two present not voting. | 
      
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        |  | ______________________________ | 
      
        |  | Chief Clerk of the House | 
      
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        |  | Approved: | 
      
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        |  | ______________________________ | 
      
        |  | Date | 
      
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        |  | ______________________________ | 
      
        |  | Governor |