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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation of more than one ambulatory surgical |
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center in a single facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 243.005, Health and Safety Code, is |
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amended by adding Subsections (g) and (h) to read as follows: |
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(g) A license issued under this chapter is valid only for |
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the person who applied for and is named on the license and applies |
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only to a single facility. The license does not apply to multiple |
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facilities, buildings, or off-site locations. |
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(h) The commission may issue a license to more than one |
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ambulatory surgical center that operates in a single facility only |
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if: |
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(1) a separate license is issued for each center; and |
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(2) each center complies with Section 243.0105. |
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SECTION 2. Subchapter A, Chapter 243, Health and Safety |
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Code, is amended by adding Section 243.0105 to read as follows: |
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Sec. 243.0105. STANDARDS FOR AMBULATORY SURGICAL CENTERS |
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THAT OPERATE IN SINGLE FACILITY. (a) Each ambulatory surgical |
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center that operates in a facility in which another center |
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operates: |
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(1) must establish days and hours of operation that |
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differ from each other center operating in the facility; |
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(2) may not share any part of the facility with: |
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(A) a hospital; |
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(B) the outpatient surgery department of a |
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hospital designated as a critical access hospital by the Centers |
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for Medicare and Medicaid Services; or |
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(C) an independent diagnostic testing facility |
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participating in Medicare; |
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(3) must maintain a space for records and storage of |
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surgical supplies and devices, medications, and other items that is |
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separate from the space for records and storage of each other center |
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in the facility; |
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(4) must post in a clear and conspicuous place in the |
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facility a sign that states: |
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(A) the name of the center; and |
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(B) the days and hours of the center's operation; |
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(5) must develop and implement policies and procedures |
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separate from each other center operating at the facility; and |
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(6) must maintain the confidentiality of patient |
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records by storing the records in a locked location that is separate |
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from the space for records and storage of each other center in the |
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facility. |
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(b) Each Medicare-certified ambulatory surgical center |
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sharing a facility is liable for a violation of this chapter or a |
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rule adopted under this chapter occurring at the facility, |
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regardless of whether only one center is responsible for the |
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violation. |
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(c) Ambulatory surgical centers operating in a single |
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facility may enter into an agreement to share nursing and ancillary |
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personnel. Each ambulatory surgical center that enters into an |
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agreement in accordance with this subsection must separately comply |
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with the personnel utilization requirements. |
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SECTION 3. The changes in law made by this Act apply only to |
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a license issued or renewed on or after the effective date of this |
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Act. |
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SECTION 4. This Act takes effect September 1, 2019. |