SB 392

relating to prohibited facility fees for telehealth and
telemedicine medical services; providing an administrative
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subtitle G, Title 4, Health and Safety Code, is
amended by adding Chapter 328 to read as follows:
CHAPTER 328.  PROHIBITED FACILITY FEES FOR TELEHEALTH AND
Sec. 328.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Health and Human Services
(2)  "Executive commissioner" means the executive
commissioner of the commission.
(3)  "Facility fee" means a fee a health care provider
(A)  intended to compensate the health care
provider for operational expenses; and
(B)  separate from a fee a health care provider
charges for professional medical services provided to a patient.
(4)  "Freestanding emergency medical care facility"
has the meaning assigned by Section 254.001.
(5)  "Health care provider" means an individual,
entity, corporation, person, or organization, whether for profit or
nonprofit, that provides or bills for the provision of health care
services in the normal course of business.  The term includes a
hospital system, hospital, hospital-based facility, freestanding
emergency medical care facility, and urgent care clinic.
(6)  "Hospital" has the meaning assigned by Section
(7)  "Hospital-based facility" means a facility a
hospital owns or operates, wholly or partly, at which hospital or
professional medical services are provided.
(8)  "Telehealth service" and "telemedicine medical
service" have the meanings assigned by Section 111.001, Occupations
Sec. 328.002.  PROHIBITED FACILITY FEES.  A health care
provider may not charge a facility fee for telehealth services or
Sec. 328.003.  ENFORCEMENT.  (a)  The commission shall
assess an administrative penalty in an amount not to exceed $1,000
against a health care provider that violates this chapter or a rule
(b)  This section does not create a private cause of action
against a provider for legal or equitable relief.
Sec. 328.004.  RULES.  The executive commissioner may adopt
rules to implement this chapter.
SECTION 2.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.