2003 LEGISLATIVE COMPENDIUM Health Facility Regulation

[ Facility Probation | Self-Referral Prohibition | Ambulatory Surgical Centers ]

FACILITY PROBATION

Senate Bill 162 by Sen. Jane Nelson (R-Flower Mound) and Rep. Jim McReynolds D-Lufkin) allows the Texas Department of Health to use probation as a temporary sanction before suspension or revocation of license for hospitals, ambulatory surgical centers, and certain other licensed health care facilities that have committed rule violations that are not an immediate threat to patient safety.

HEALTH CARE FACILITY Near Misses, but on the radar

SELF-REFERRAL PROHIBITION

SB 925 by Sen. Robert Deuell, MD (R-Greenville) would have placed a Stark-like ban on physician self-referral for clinical labs, physical therapy services, rehabilitation, diagnostic imaging services, and radiation therapy services. The prohibition would have been in effect for all services regardless of the payer. Any referrals to facilities in which the physician had a financial interest would have automatically been assumed to be fraudulent. TMA met extensively with the bill sponsor and one of his local constituents who supported the bill to convey organized medicine's strong concerns about the bill. After considering medicine's perspective, Senator Deuell pulled down the bill, with a commitment from TMA to informally examine the issue during the interim to address concerns about self-referral and insurance fraud.

AMBULATORY SURGICAL CENTERS

SB 594 by Sen. Leticia Van de Putte (D-San Antonio) and Rep. Jaime Capelo (D-Corpus Christi) would have changed the definition in the Health and Safety Code for "ambulatory surgical center." The bill would have changed language that states the patient does not "require overnight care" to "less than 24 hours after the completion of the procedure." The existing language is vague enough that disagreements have arisen over enforcement. The new language was considered by all parties to be a useful clarification. The bill died on the House calendar.

Health facility TMA staff contacts:

-Helen Kent Davis, director, Office of Governmental Affairs, (512) 370-1401
-Donna Kinney, manager, Regulatory Analysis and Advocacy, (512) 370-1422
-Lee Spangler, JD, associate general counsel, Office of the General Counsel, (512) 370-1337

[ Overview | Professional Liability Reform | Patient Safety/Quality Improvement | Managed Care/Insurance Reform | Health Care Funding | Health and Human Services Reorganization | Scope of Practice | Public Health | Rural Health | Mental Health | Medical Science | Workers' Compensation | Tax Reform | Long-Term Care | Workforce/Medical Education | Abortion and Related Legislation | Transplantation/Organ Donation ]


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