Bill Text: TX HB541 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to the provision of direct patient care by physicians and health care practitioners.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-11-12 - Filed [HB541 Detail]
Download: Texas-2025-HB541-Introduced.html
89R3195 RDR-D | ||
By: Shaheen | H.B. No. 541 |
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relating to the provision of direct patient care by physicians and | ||
health care practitioners. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter F, Chapter 162, Occupations Code, is | ||
transferred to Subtitle A, Title 3, Occupations Code, redesignated | ||
as Chapter 117, Occupations Code, and amended to read as follows: | ||
CHAPTER 117 [ |
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Sec. 117.001 [ |
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(1) "Direct fee" means a fee charged by a physician or | ||
health care practitioner to a patient or a patient's designee for | ||
health [ |
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provided by, the physician or practitioner to the patient. The term | ||
includes a fee in any form, including a: | ||
(A) monthly retainer; | ||
(B) membership fee; | ||
(C) subscription fee; | ||
(D) fee paid under a direct patient care [ |
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(E) fee for a service, visit, or episode of care. | ||
(2) "Direct patient [ |
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care practitioner to a patient in return for payment in accordance | ||
with a direct fee. The term includes telemedicine medical services | ||
and telehealth services, as those terms are defined by Section | ||
111.001, provided using a technology platform. | ||
(3) "Direct patient care agreement" means a signed | ||
written agreement under which a physician or health care | ||
practitioner agrees to provide health care services to a patient in | ||
exchange for a direct fee for a period of time that is entered into | ||
by the physician or practitioner and: | ||
(A) the patient; | ||
(B) the patient's legal representative, | ||
guardian, or employer on behalf of the patient; or | ||
(C) the patient's legal representative's or | ||
guardian's employer on behalf of the patient. | ||
(4) "Health care practitioner" means an individual who | ||
holds a license, certificate, permit, or other authorization issued | ||
under this title to engage in a health care profession and who | ||
provides health care in the ordinary course of business or practice | ||
of a profession. The term does not include a physician. | ||
(5) "Health care service" means any care, service, or | ||
procedure provided by a physician or health care practitioner. The | ||
term includes any medical or psychological diagnosis, treatment, | ||
evaluation, advice, or other service that affects the structure or | ||
function of the human body [ |
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(6) [ |
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practice medicine in this state. The term includes a professional | ||
association or professional limited liability company owned | ||
entirely by an individual licensed under Subtitle B [ |
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Sec. 117.002 [ |
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compensation insurance coverage as defined by Section 401.011, | ||
Labor Code. | ||
Sec. 117.003 [ |
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INSURANCE. (a) A physician or health care practitioner providing | ||
direct patient [ |
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maintenance organization, and the physician or practitioner is not | ||
subject to regulation by the Texas Department of Insurance for the | ||
direct patient [ |
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(b) A direct patient care [ |
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health or accident insurance or coverage under Title 8, Insurance | ||
Code, and is not subject to regulation by the Texas Department of | ||
Insurance. | ||
(c) A physician or health care practitioner is not required | ||
to obtain a certificate of authority under the Insurance Code to | ||
market, sell, or offer a direct patient care [ |
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agreement or provide direct patient [ |
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(d) A physician or health care practitioner providing | ||
direct patient [ |
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Insurance Code. | ||
Sec. 117.004 [ |
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MAINTENANCE ORGANIZATION PROHIBITED. A physician or health care | ||
practitioner may not bill an insurer or health maintenance | ||
organization for direct patient [ |
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direct patient care [ |
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Sec. 117.005 [ |
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Texas Medical Board [ |
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prohibit, interfere with, initiate a legal or administrative | ||
proceeding against, or impose a fine or penalty against: | ||
(1) a physician or health care practitioner solely | ||
because the physician or practitioner provides direct patient | ||
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(2) a person solely because the person pays a direct | ||
fee for direct patient [ |
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(b) A health insurer, health maintenance organization, or | ||
health care provider as that term is defined by Section 105.001 | ||
may not prohibit, interfere with, or initiate a legal proceeding | ||
against: | ||
(1) a physician or health care practitioner solely | ||
because the physician or practitioner provides direct patient | ||
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(2) a person solely because the person pays a direct | ||
fee for direct patient [ |
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Sec. 117.006 [ |
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or health care practitioner providing direct patient [ |
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shall provide written or electronic notice to the patient that a | ||
direct patient care [ |
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agreement. | ||
SECTION 2. The changes in law made by this Act apply only to | ||
an agreement entered into on or after the effective date of this | ||
Act. An agreement entered into before the effective date of this | ||
Act is governed by the law applicable to the agreement immediately | ||
before the effective date of this Act, and that law is continued in | ||
effect for that purpose. | ||
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, 2025. |