HB2631 - Relating to prohibited facility fees for telehealth and telemedicine medical services; providing an administrative penalty.

  89R4690 AB-D     By: Harris Davila H.B. No. 2631       A BILL TO BE ENTITLED   AN ACT   relating to prohibited facility fees for telehealth and   telemedicine medical services; providing an administrative   penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle G, Title 4, Health and Safety Code, is   amended by adding Chapter 328 to read as follows:   CHAPTER 328. PROHIBITED FACILITY FEES FOR TELEHEALTH AND   TELEMEDICINE MEDICAL SERVICES           Sec. 328.001.  DEFINITIONS. In this chapter:                 (1)     "Commission" means the Health and Human Services   Commission.                 (2)     "Executive commissioner" means the executive   commissioner of the commission.                 (3)     "Facility fee" means a fee a health care provider   charges that is:                       (A)     intended to compensate the health care   provider for operational expenses; and                       (B)     separate from a fee a health care provider   charges for professional medical services provided to a patient.                 (4)     "Freestanding emergency medical care facility"   has the meaning assigned by Section 254.001.                 (5)     "Health care provider" means an individual,   entity, corporation, person, or organization, whether for profit or   nonprofit, that provides or bills for the provision of health care   services in the normal course of business.   The term includes a   hospital system, hospital, hospital-based facility, freestanding   emergency medical care facility, and urgent care clinic.                 (6)     "Hospital" has the meaning assigned by Section   241.003.                 (7)     "Hospital-based facility" means a facility a   hospital owns or operates, wholly or partly, at which hospital or   professional medical services are provided.                 (8)     "Telehealth service" and "telemedicine medical   service" have the meanings assigned by Section 111.001, Occupations   Code.           Sec.   328.002.     PROHIBITED FACILITY FEES. A health care   provider may not charge a facility fee for telehealth services or   telemedicine medical services.           Sec.   328.003.     ENFORCEMENT. (a)   The commission shall   assess an administrative penalty in an amount not to exceed $1,000   against a health care provider that violates this chapter or a rule   adopted under this chapter.           (b)     This section does not create a private cause of action   against a provider for legal or equitable relief.           Sec.   328.004.     RULES. The executive commissioner may adopt   rules to implement this chapter.          SECTION 2.  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.