HB 3475 by Dr. Greg Bonnen was heard in the House Public Health committee yesterday afternoon. This is the companion bill to SB 425 by Senator Charles Schwertner, MD. SB 425 was passed out of the Senate last week with no opposition. Eventually, these two bills will need to merge together, with the SB likely becoming the one that passes.

HB 3475, as filed, was comparable to the original version of SB 425, which included the posting of facility fees, network status of the physicians, network status of the facility, and numerous provisions related to mediation. This is the version that TAFEC members testified against last month in the Senate Business and Commerce Committee. Fortunately, Dr. Bonnen amended HB 3475 to remove all of the provisions that TAFEC previously opposed.

HB 3475 is now identical to SB 425, which requires independent FECs and HOPDs to post a notice stating they are a freestanding ER, that they bill comparable to a hospital ER, that physicians may bill separately, and that providers might be out of network. This would be in legible print on a sheet of paper not smaller than 8.5 x 11in.

We want to thank Dr. Bonnen for working with the FEC industry on his HB 3475 and making a number of requested changes. He highlighted to the committee members the benefits that FECs provide, their overall patient satisfaction, and how facilities are not the only ones to blame on the confusion within the industry.

Dr. Bonnen did introduce the concept of having a consent form as a method of disclosing to patients they are in a freestanding ER. Requiring FECs to give patients a disclosure would be yet another tool facilities could offer to help educate patients. Many TAFEC members already have a consent form in place, but legislation would ensure that everyone in the industry is operating under the same standards. Stay tuned for more on this development.