Proposed Texas Freestanding ER Bill Prohibits ER Fee

Bill Title: Relating to services provided by freestanding emergency medical care facilities. “A facility that provides acute care services may not charge an emergency facility fee for providing the services.”


Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2021-04-28 – Scheduled for public hearing on . . . [HB472 Detail]

Download: Texas-2021-HB472-Introduced.html

87R2919 MCF-F
By: White H.B. No. 472
A BILL TO BE ENTITLED
AN ACT
relating to services provided by freestanding emergency medical
care facilities.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 254.001, Health and Safety Code, is
amended by amending Subdivisions (1) and (5) and adding
Subdivisions (1-a) and (1-b) to read as follows:
             (1)  “Acute care services” means outpatient medical
services, including radiology services, laboratory services,
immunization services, and other non-emergent physician services.
             (1-a)  “Commission” means the Health and Human Services
Commission.
             (1-b)  “Department” means the commission [Department
of State Health Services].
             (5)  “Freestanding emergency medical care facility”
means a facility, structurally separate and distinct from a
hospital, that receives an individual and provides:
                   (A)  emergency care, as defined by Subdivision
(2); and
                   (B)  acute care services, as defined by
Subdivision (1).
       SECTION 2.  Subchapter D, Chapter 254, Health and Safety
Code, is amended by adding Section 254.1555 to read as follows:
       Sec. 254.1555.  CERTAIN FEES PROHIBITED. A facility that
provides acute care services may not charge an emergency facility
fee for providing the services.
       SECTION 3.  This Act takes effect September 1, 2021.