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Facility Probation
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Self-Referral Prohibition
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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.
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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
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[
Overview
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Professional Liability Reform
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Patient Safety/Quality Improvement
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Managed Care/Insurance Reform
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Health Care Funding
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Health and Human Services
Reorganization
|
Scope of Practice
|
Public Health
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Rural Health
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Mental Health
|
Medical Science
|
Workers' Compensation
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Tax Reform
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Long-Term Care
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Workforce/Medical Education
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Abortion and Related Legislation
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Transplantation/Organ Donation
]
Last Updated On
July 23, 2010
Originally Published On
March 23, 2010