89R13794 SCR-D     By: Shaheen H.B. No. 4500       A BILL TO BE ENTITLED   AN ACT   relating to unconscionable prices charged by health care providers   for health care services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter E, Chapter 17, Business & Commerce   Code, is amended by adding Section 17.465 to read as follows:          Sec. 17.465.  UNCONSCIONABLE PRICE FOR HEALTH CARE   SERVICES.  (a) In this section:                (1)  "Emergency care" and "emergency facility" have the   meanings assigned by Section 17.464, as that section existed before   September 1, 2025.                (2)  "Health care provider" means an individual or   facility licensed, certified, or otherwise authorized to provide   health care services in the ordinary course of business or   professional practice and includes a physician.                (3)  "Health care services" includes emergency care   provided in an emergency facility, as those terms are defined by   Section 17.464, as that section existed before September 1, 2025.          (b)  For purposes of Section 17.46(a), the term "false,   misleading, or deceptive acts or practices" includes a health care   provider that:                (1)  provides health care services at an unconscionable   price; or                (2)  demands or charges an unconscionable price for or   in connection with health care services provided by the health care   provider.          (c)  The consumer protection division may not bring an action   under Section 17.47 for an act or practice described by Subsection   (b) if the price alleged to be unconscionable is less than 200   percent of the average charge for the same or substantially similar   health care services provided to other individuals by similar   health care providers located in the same county or nearest county   in which the health care provider is located, as applicable,   according to data collected by the Department of State Health   Services under Chapter 108, Health and Safety Code, and made   available to the division, except as provided by Subsection (d).  If   the health care services are emergency care provided in an   emergency facility, the consumer protection division may not use   data that includes prices for care provided in an urgent care   setting or physician practice to establish the division's authority   to investigate and pursue an action under this subchapter.          (d)  If the attorney general determines that the consumer   protection division is unable to obtain the charge data described   by Subsection (c), the attorney general may adopt rules designating   another source of charge data for use by the division in   establishing the average charge for health care services provided   by health care providers for purposes of Subsection (c).          (e)  In an action brought under Section 17.47 to enforce this   section, the consumer protection division may request, and the   trier of fact may award the recovery of:                (1)  reasonable attorney's fees and court costs; and                (2)  the reasonable expenses incurred by the division   in obtaining any remedy available under Section 17.47, including   the cost of investigation, witness fees, and deposition expenses.          (f)  This section does not create a private cause of action   for a false, misleading, or deceptive act or practice described by   Subsection (b).          SECTION 2.  Section 17.464, Business & Commerce Code, is   repealed.          SECTION 3.  The changes in law made by this Act apply only to   health care services provided on or after the effective date of this   Act. Health care services provided before the effective date of   this Act are governed by the law as it existed immediately before   the effective date of this Act, and that law is continued in effect   for that purpose.          SECTION 4.  This Act takes effect September 1, 2025.