By: Oliverson H.B. No. 3708       A BILL TO BE ENTITLED   AN ACT   relating to charity care provided by certain health care   facilities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter D, Chapter 311, Health and Safety   Code, is amended by adding Section 311.0454 to read as follows:          Sec. 311.0454.  CHARITY CARE SCREENING. (a) Using the   process prescribed by the commission under this section, a   non-disproportionate share hospital shall screen all patients for   eligibility of the hospital's financial assistance program and   charity care policy.  A hospital cannot pursue debt collections of   any patient account until the hospital verifies the patient is not   eligible for the hospital's financial assistance program and   charity care policy.          (b)  The executive commissioner of the Health and Human   Services Commission shall adopt by rule the process for screening a   patient for eligibility for charity care under Subsection (a).          (c)  The rules and process adopted under Subsection (b) must   require a hospital:                (1)  before sending a bill to the patient, to conduct   the screening and apply any charity care discounts or full cost   coverage for which the patient qualifies for; and                (2)  include on each billing statement notice of:                      (A)  the availability of financial assistance;                      (B)  the contact information for the office or   department of the hospital that can provide information about   obtaining financial assistance; and                      (C)  the direct Internet address for the financial   assistance policy.          (d)  A patient may apply for charity care if the patient was   screened for eligibility and was found not to be eligible or the   patient disagrees with the amount of the charity care discount.          (e)  If a hospital makes an incorrect determination under   Subsection (a) based on the information provided by the patient at   the time of the determination, the hospital shall:                (1)  refund the amount of charity care for which the   patient qualified; and                (2)  reimburse any other associated reasonable costs,   such as legal expenses and fees, incurred by the patient in securing   charity care.          (f)  If the hospital sold debt based on an incorrect   determination to a collection agency or authorized a collection   agency to collect the debt on behalf of the hospital, the hospital   shall notify the collection agency that the debt is invalid.          (g)  If the commission determines that a hospital fails to   comply with this section:                (1)  upon the first violation, the commission shall   institute a corrective action plan for the hospital and post it on   the commission's internet website;                (2)  upon the second violation:                      (A)  the commission shall apply an administrative   penalty of not less than $250,000; and                      (B)  apply a probationary of period of not more   than 90 days, after which the commission shall confirm that the   hospital is in compliance with this section; and                (3)  upon the third violation, the commission shall   inform the attorney general of the nature of the non-compliance,   who shall bring an action in the name of this state to revoke the   hospital's state tax exemptions.          SECTION 2.  311.045, Health and Safety Code, is amended by   adding Subsection (g) to read as follows:          (g)  When calculating net patient revenue under this   section, a hospital or hospital system shall include all facilities   and practices offering medical services located in this state under   the common governance of a single corporate parent, regardless of   their radius from that corporate parent.          (h)  All facilities described by Subsection (g) must comply   with charity care screening requirements found in by Section   311.0454.          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.