HBA-MPM S.B. 1294 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1294
By: Zaffirini
Public Health
4/30/1999
Engrossed



BACKGROUND AND PURPOSE 

The Senate Interim Committee on Health and Human Services (committee)
recently studied current practices in patient billing by Texas hospitals
and health care providers. The committee recommended amending Section
3.08(4)(G), Article 4495b, V.T.C.S. (Texas Medical Practice Act) and
Section 5b, Article 4512p, to delete certain language regarding
persistently or flagrantly overcharging or overtreating a patient.
S.B.1294 amends Section 311.0025 (Audits of Billing), Health and Safety
Code, to prohibit improper, unreasonable, or medically unnecessary billing
by hospitals or health care professionals.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 311.0025, Health and Safety Code, by adding
Subsection (e), to prohibit a licensing agency from taking disciplinary
action against a hospital, treatment facility, mental health facility, or
health care professional for unknowing and isolated billing errors.  

SECTION 2.  Amends Section 5(b), Article 4512p, V.T.C.S., to prohibit a
health care professional from violating Section 311.0025 (Audits of
Billing), Health and Safety Code.  Deletes text prohibiting the physician
from persistently or flagrantly overcharging or overtreating a patient.  

SECTION 3. Amends Section 3.08, Article 4495b, V.T.C.S., (Medical Practice
Act), to authorize the Texas Board of Medical Examiners to refuse to admit
persons to its examinations and to issue a license to practice medicine to
any person and take disciplinary action against any person for certain
reasons, including violating Section 311.0025, Health and Safety Code.
Makes conforming changes.  

SECTION 4. Effective date: September 1, 1999. 
Makes application of this Act prospective.

SECTION 5. Emergency clause.