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A BILL TO BE ENTITLED
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AN ACT
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relating to notice and availability of mediation for balance |
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billing by a facility-based physician. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 324.001(8), Health and Safety Code, is |
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amended to read as follows: |
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(8) "Facility-based physician" means a radiologist, |
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an anesthesiologist, a pathologist, an emergency department |
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physician, [or] a neonatologist, or an assistant surgeon. |
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SECTION 2. Section 1456.001(3), Insurance Code, is amended |
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to read as follows: |
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(3) "Facility-based physician" means a radiologist, |
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an anesthesiologist, a pathologist, an emergency department |
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physician, [or] a neonatologist, or an assistant surgeon: |
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(A) to whom the facility has granted clinical |
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privileges; and |
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(B) who provides services to patients of the |
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facility under those clinical privileges. |
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SECTION 3. Section 1456.004(c), Insurance Code, is amended |
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to read as follows: |
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(c) A facility-based physician who bills a patient covered |
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by a preferred provider benefit plan or a health benefit plan under |
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Chapter 1551 that does not have a contract with the facility-based |
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physician shall send a billing statement to the patient that |
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contains a conspicuous, plain-language explanation [with
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information sufficient to notify the patient] of the mandatory |
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mediation process available under Chapter 1467 if [the amount for
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which] the enrollee is responsible to the physician, after |
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copayments, deductibles, and coinsurance, for an [including the] |
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amount unpaid by the administrator or insurer[, is greater than
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$1,000]. |
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SECTION 4. Section 1467.001(4), Insurance Code, is amended |
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to read as follows: |
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(4) "Facility-based physician" means a radiologist, |
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an anesthesiologist, a pathologist, an emergency department |
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physician, [or] a neonatologist, or an assistant surgeon: |
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(A) to whom the facility has granted clinical |
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privileges; and |
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(B) who provides services to patients of the |
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facility under those clinical privileges. |
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SECTION 5. Section 1467.051(a), Insurance Code, is amended |
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to read as follows: |
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(a) An enrollee may request mediation of a settlement of an |
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out-of-network health benefit claim if: |
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(1) [the amount for which] the enrollee is responsible |
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to a facility-based physician, after copayments, deductibles, and |
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coinsurance, for an [including the] amount unpaid by the |
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administrator or insurer[, is greater than $1,000]; and |
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(2) the health benefit claim is for a medical service |
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or supply provided by a facility-based physician in a hospital that |
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is a preferred provider or that has a contract with the |
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administrator. |
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SECTION 6. Sections 1456.004(c) and 1467.051(a), Insurance |
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Code, as amended by this Act, apply only to charges for a medical |
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service or supply provided on or after the effective date of this |
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Act. Charges for a medical service or supply provided before the |
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effective date of this Act are governed by the law as it existed |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2015. |
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