By: Taylor of Galveston  S.B. No. 2240          (In the Senate - Filed March 10, 2017; March 29, 2017, read   first time and referred to Committee on Business & Commerce;   April 24, 2017, reported adversely, with favorable Committee   Substitute by the following vote:  Yeas 9, Nays 0; April 24, 2017,   sent to printer.)Click here to see the committee vote    COMMITTEE SUBSTITUTE FOR S.B. No. 2240 By:  Taylor of Galveston     A BILL TO BE ENTITLED   AN ACT     relating to notice of health benefit plan provider network status   provided by certain freestanding emergency medical care   facilities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 241.252, Health and Safety Code, is   amended by amending Subsection (b) and adding Subsections (e) and   (f) to read as follows:          (b)  A facility described by Section 241.251 shall post   notice that:                (1)  states:                      (A) [(1)  that] the facility is a freestanding   emergency medical care facility;                      (B) [(2)  that] the facility charges rates   comparable to a hospital emergency room and may charge a facility   fee;                      (C) [(3)  that] a facility or a physician   providing medical care at the facility may not be a participating   provider in the patient's health benefit plan provider network; and                      (D) [(4)  that] a physician providing medical   care at the facility may bill separately from the facility for the   medical care provided to a patient; and                (2)  either:                      (A)  lists the health benefit plans in which the   facility is a participating provider in the health benefit plan's   provider network; or                      (B)  states the facility is not a participating   provider in any health benefit plan provider network.          (e)  Notwithstanding Subsection (c), a facility that is a   participating provider in one or more health benefit plan provider   networks complies with Subsection (b)(2) if the facility:                (1)  provides notice on the facility's Internet website   listing the health benefit plans in which the facility is a   participating provider in the health benefit plan's provider   network; and                 (2)  provides to a patient written confirmation of   whether the facility is a participating provider in the patient's   health benefit plan's provider network.          (f)  A facility described by Section 241.251 may not include   in any of the facility's signage or marketing materials the logo or   name of any insurer, health maintenance organization, health   benefit plan, or health benefit plan network in which the facility   does not participate.          SECTION 2.  Section 254.155, Health and Safety Code, is   amended by amending Subsection (a) and adding Subsections (d) and   (e) to read as follows:          (a)  A facility shall post notice that:                (1)  states:                      (A) [(1)  that] the facility is a freestanding   emergency medical care facility;                      (B) [(2)  that] the facility charges rates   comparable to a hospital emergency room and may charge a facility   fee;                      (C) [(3)  that] a facility or a physician   providing medical care at the facility may not be a participating   provider in the patient's health benefit plan provider network; and                      (D) [(4)  that] a physician providing medical   care at the facility may bill separately from the facility for the   medical care provided to a patient; and                (2)  either:                      (A)  lists the health benefit plans in which the   facility is a participating provider in the health benefit plan's   provider network; or                      (B)  states the facility is not a participating   provider in any health benefit plan provider network.          (d)  Notwithstanding Subsection (b), a facility that is a   participating provider in one or more health benefit plan provider   networks complies with Subsection (a)(2) if the facility:                (1)  provides notice on the facility's Internet website   listing the health benefit plans in which the facility is a   participating provider in the health benefit plan's provider   network; and                 (2)  provides to a patient written confirmation of   whether the facility is a participating provider in the patient's   health benefit plan's provider network.          (e)  A facility may not include in any of the facility's   signage or marketing materials the logo or name of any insurer,   health maintenance organization, health benefit plan, or health   benefit plan network in which the facility does not participate.          SECTION 3.  This Act takes effect September 1, 2017.     * * * * *