Bill Text: TX HB4444 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to consumer protections against surprise billing.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-04-15 - No action taken in committee [HB4444 Detail]

Download: Texas-2019-HB4444-Introduced.html
 
 
  By: Martinez Fischer H.B. No. 4444
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to consumer protections against surprise billing.
         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 17.464 to read as follows:
         Sec. 17.464.  SURPRISE BILLING. (a) In this section:
               (1)  "Emergency care" has the meaning assigned by
  Section 1301.155.
               (2)  "Emergency care provider" means a physician,
  health care practitioner, facility, or other health care provider
  who provides emergency care.
               (3)  "Facility" has the meaning assigned by Section
  324.001, Health and Safety Code.
               (4)  "Facility-based provider" means a physician or
  health care provider who provides health care services to patients
  of a health care facility.
               (5)  "Health care practitioner" means an individual who
  is licensed to provide health care services.
               (6)  "Participating provider" means a physician or
  health care provider who has contracted with an eligible plan
  administrator to provide services to enrollees.
               (7)  "Surprise bill" means a bill received by an
  insured or enrollee for amounts in addition to the applicable
  copayment, coinsurance, and deductible:
                     (A)  for services furnished by an out-of-network
  facility-based provider who performed the service at a facility
  that is an in-network provider; or
                     (B)  for emergency care services furnished by an
  out-of-network provider.
         (b)  For purposes of Section 17.46(a), the term "false,
  misleading, or deceptive acts or practices" includes a
  facility-based provider that bills an enrollee receiving health
  care services described by Subsection (a)(7), except for the
  enrollee's responsibility under the enrollee's health plan,
  including an applicable copayment, coinsurance, or deductible.
         (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 bill sent to the enrollee is less than five hundred
  dollars.
         (d)  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.
         SECTION 2.  This Act takes effect September 1, 2019.
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