Bill Text: TX HB3020 | 2013-2014 | 83rd Legislature | Introduced


Bill Title: Relating to disclosure of the price charged by a health care provider for a health care service or supply; providing penalties.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-04-17 - Left pending in committee [HB3020 Detail]

Download: Texas-2013-HB3020-Introduced.html
  83R5326 JSC-F
 
  By: Sheffield of Coryell H.B. No. 3020
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to disclosure of the price charged by a health care
  provider for a health care service or supply; providing penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act may be cited as the Texas Health Care
  Pricing Disclosure Act.
         SECTION 2.  The heading to Subchapter H, Chapter 101,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER H. BILLING AND PRICING INFORMATION
         SECTION 3.  Subchapter H, Chapter 101, Occupations Code, is
  amended by adding Section 101.3515 to read as follows:
         Sec. 101.3515.  PRICING INFORMATION. (a) In this section:
               (1)  "Bundled health care services and supplies" means
  for pricing purposes the grouping of multiple health care services
  and supplies provided by a health care provider to a patient during
  one visit to or treatment by the provider.
               (2)  "Health care price" means the total amount of
  compensation a health care provider accepts as payment in full for a
  health care service or supply or bundled health care services and
  supplies provided to a patient.
               (3)  "Health care provider" means:
                     (A)  a health care professional who performs a
  health care service or provides a health care supply in this state
  under a license, certificate, registration, or other authority
  issued by this state to diagnose, prevent, alleviate, or cure a
  human illness or injury, including a physician and dentist;
                     (B)  a health care facility that provides a health
  care service or supply in this state under a license, certificate,
  registration, or other authority issued by this state to diagnose,
  prevent, alleviate, or cure a human illness or injury, including an
  institutional health care provider; or
                     (C)  a person that provides to patients in this
  state ancillary health care-related services and supplies under a
  license, certificate, or registration issued by this state, or that
  is otherwise authorized to provide to patients in this state
  ancillary health care-related services and supplies ordered or
  authorized by a licensed health care professional, to diagnose,
  prevent, alleviate, or cure a human illness or injury, including
  laboratory services, radiological services, and durable medical
  equipment.
         (b)  Each health care provider shall compile a pricing
  information list that lists the prices of certain frequently
  performed services. A health care facility that provides inpatient
  care shall list the prices for the 25 most frequently performed
  procedures of each department in the facility based on the 25 most
  frequently coded Diagnosis-Related Groups codes for that
  department. A health care facility that provides outpatient care
  shall list the prices for the 25 most frequently performed
  procedures of each department in the facility based on the 25 most
  frequently coded Ambulatory Payment Classification codes for that
  department. A physician or other practitioner shall list the
  prices for the 10 most frequently performed procedures of the
  physician or other practitioner based on the 10 most frequently
  coded Current Procedural Terminology codes.
         (c)  The health care provider may choose to disclose its
  prices under Subsection (b) in either of the following formats:
               (1)  the prices of each health care service and each
  health care supply; or
               (2)  the prices of each set of bundled health care
  services and supplies.
         (d)  For each service in the pricing information list under
  Subsection (b), a health care provider shall disclose:
               (1)  the highest charge the patient can expect to pay;
  and
               (2)  the lowest discounted charge accepted for that
  service from a payor.
         (e)  A health care provider shall make the provider's pricing
  information list under Subsection (b) available to the public in
  the form and manner determined by the provider.
         (f)  This section does not apply to a health care price of a
  health care service or supply or bundled health care services and
  supplies provided to:
               (1)  a patient for whom a health care provider has
  accepted assignment for the health care service or supply from
  Medicaid or Medicare or any other federal, state, or local
  government-sponsored medical assistance program; or
               (2)  a financially or medically indigent person who
  qualifies for indigent health care services based on:
                     (A)  a sliding fee scale; or
                     (B)  a health care provider's written charity care
  policy.
         (g)  Each health care provider shall:
               (1)  compile a pricing information list under
  Subsection (b);
               (2)  post on the provider's Internet website or
  otherwise make public the pricing information list and the
  effective date of the list before providing a health care service or
  supply or bundled health care services and supplies to a patient;
  and
               (3)  not less than 30 days before changing the health
  care price of a health care service or supply or bundled health care
  services and supplies provided by the provider to the patient,
  provide notice of the price change by posting the notice on the
  provider's Internet website or by another method of publication or
  dissemination that the provider uses for the list.
         (h)  A health care provider may not:
               (1)  charge an amount that is different from the amount
  listed as the health care price in the pricing information list
  under Subsection (b) for a health care service or supply or bundled
  health care services and supplies provided to a patient; or
               (2)  include a discount, bonus, fee, or other charge
  that changes the health care price listed in the pricing
  information list under Subsection (b).
         (i)  Notwithstanding Subsection (h), a health care provider
  may accept or negotiate a payment that is less than the health care
  price listed in the pricing information list under Subsection (b)
  from an individual patient.  A health care provider may not accept
  or negotiate a payment that is less than the health care price
  listed in the pricing information list under Subsection (b) from a
  third party payor.
         (j)  A health care provider that violates this section is
  subject to an administrative penalty, a civil penalty, or other
  disciplinary action, as applicable, in the same manner as if the
  provider violated the law under which the provider is licensed,
  certified, registered, or authorized.
         SECTION 4.  Notwithstanding Section 101.3515, Occupations
  Code, as added by this Act, a health care provider is not required
  to comply with the change in law made by that section until
  September 1, 2014.
         SECTION 5.  This Act takes effect September 1, 2013.
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