89R2019 MPF-F     By: Schoolcraft H.B. No. 4094       A BILL TO BE ENTITLED   AN ACT   relating to the provision of health care services by a freestanding   emergency medical care facility and the collection of fees for   providing those services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 254.001, Health and Safety Code, is   amended by adding Subdivision (5-a) to read as follows:                (5-a)  "Patient" means an individual who seeks or   receives emergency care at a facility.          SECTION 2.  Subchapter A, Chapter 254, Health and Safety   Code, is amended by adding Section 254.002 to read as follows:          Sec. 254.002.  PURPOSE; CONSTRUCTION. (a) The purpose of   this chapter is to protect patients who may be in need of emergency   care by ensuring that a facility established, operated, or held out   to the public as a facility regulated under this chapter meets the   standards for providing emergency care required by this chapter and   rules adopted under this chapter, including the capacity to   stabilize and transfer patients.          (b)  To increase access to and ensure the efficient delivery   of health care services in this state, this chapter may not be   construed to prohibit the colocation of emergency care and health   care services other than emergency care at a facility or the dual   use of a facility's personnel, equipment, supplies, furnishings,   laboratory, or other property for the provision of health care   services other than emergency care.          (c)  A facility's provision of health care services other   than emergency care is governed by the law applicable to those   services.          SECTION 3.  Subchapter D, Chapter 254, Health and Safety   Code, is amended by adding Section 254.152 to read as follows:          Sec. 254.152.  REFERENCE TO FEE OR RATE. In this subchapter,   a reference to a fee or rate means an amount charged to a patient for   emergency care provided at a facility and includes a facility fee   related to the provision of that emergency care.          SECTION 4.  Section 254.155(a), Health and Safety Code, is   amended to read as follows:          (a)  A facility shall post notice that:                (1)  states:                      (A)  the facility is a freestanding emergency   medical care facility;                      (B)  the facility charges rates comparable to a   hospital emergency room and may charge a facility fee only for the   provision of emergency care;                      (C)  a facility or a physician providing medical   care at the facility may be an out-of-network provider for the   patient's health benefit plan provider network; and                      (D)  a physician providing medical care at the   facility may bill separately from the facility for the medical care   provided to a patient; and                (2)  either:                      (A)  lists the health benefit plans in which the   facility is an in-network provider in the health benefit plan's   provider network; or                      (B)  states the facility is an out-of-network   provider for all health benefit plans.          SECTION 5.  Section 254.1555, Health and Safety Code, is   amended by adding Subsection (a-1) to read as follows:          (a-1)  A facility providing health care services other than   emergency care may not charge a facility fee for the provision of   those services.           SECTION 6.  Section 254.156(d), Health and Safety Code, is   amended to read as follows:          (d)  The disclosure statement:                (1)  must include:                      (A)  the name and contact information of the   facility; and                      (B)  a place for the patient or the patient's   legally authorized representative and an employee of the facility   to sign and date the disclosure statement;                (2)  may include information on the facility's   procedures for seeking reimbursement from the patient's health   benefit plan; and                (3)  must, as applicable:                      (A)  state "This facility charges a facility fee   for emergency care [medical treatment]" and include:                            (i)  the facility's median facility fee;                            (ii)  a range of possible facility fees; and                            (iii)  the facility fees for each level of   care provided at the facility; and                      (B)  state "This facility charges an observation   fee for medical treatment" and include:                            (i)  the facility's median observation fee;                            (ii)  a range of possible observation fees;   and                            (iii)  the observation fees for each level   of care provided at the facility.          SECTION 7.  This Act takes effect September 1, 2025.