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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of and billing for certain diagnostic |
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imaging services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 3, Occupations Code, is |
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amended by adding Chapter 116 to read as follows: |
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CHAPTER 116. DIRECT BILLING OF DIAGNOSTIC IMAGING SERVICES |
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Sec. 116.001. DEFINITIONS. In this chapter: |
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(1) "Diagnostic imaging services" means magnetic |
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resonance imaging, computed tomography, positron emission |
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tomography, and any hybrid technology that combines any of those or |
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other imaging modalities. |
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(2) "Health care provider" means any person licensed |
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as a health care professional or authorized to practice health care |
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under Subtitle B or C. |
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(3) "Licensing authority" means a department, board, |
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office, or other agency of this state that licenses or otherwise |
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regulates a health care provider who is subject to this chapter. |
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(4) "Patient" means a person who receives a physical |
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examination, evaluation, diagnosis, or treatment by a health care |
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provider. |
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(5) "Professional component of diagnostic imaging |
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services" means the component of a medical imaging procedure that |
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involves an interpretation to be performed by a health care |
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provider, including the interpretation of a radiograph or the |
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images produced by diagnostic imaging services. The term also |
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includes valuation for the work performed by a health care |
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provider, practice expenses, and medical liability associated with |
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the interpretation of a diagnostic imaging service. |
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Sec. 116.002. PROHIBITED ACTS REGARDING DIAGNOSTIC IMAGING |
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SERVICES. Notwithstanding any other law, a health care provider |
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violates this chapter and is subject to disciplinary action and |
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penalties under Subtitle B or C, as appropriate, if the health care |
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provider: |
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(1) does not directly supervise or perform the |
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professional component of a diagnostic imaging service for a |
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patient; or |
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(2) fails to disclose in the bill presented to the |
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patient or the insurer or other third party payor, or in an itemized |
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statement to the patient: |
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(A) the name and address of the health care |
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provider that provided the professional component of the diagnostic |
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imaging service; and |
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(B) the net amount paid or to be paid for each |
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professional component of the diagnostic imaging service provided |
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to the patient by the health care provider. |
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Sec. 116.003. DISCIPLINARY ACTION. A licensing authority |
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with jurisdiction over a health care provider who may request or |
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provide diagnostic imaging services may revoke, suspend, or refuse |
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to renew the license or other authorization of a health care |
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provider who violates this chapter. |
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Sec. 116.004. RULES. The governing body of a licensing |
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authority may adopt rules as necessary to implement this chapter. |
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SECTION 2. Section 116.002, Occupations Code, as added by |
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this Act, applies only to conduct that occurs on or after the |
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effective date of this Act. Conduct that occurs before the |
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effective date of this Act is governed by the law as it existed |
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immediately before the effective date of this Act, and that law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |