TOA’s Bill Tracker for the 85th Texas Legislature

Updated 05.31.17

Commercial Insurance

SB 507 (Sen. Kelly Hancock, R-North Richland Hills) & HB 1566 (Rep. John Frullo, R-Lubbock) – The bill would expand the ability of a patient to challenge a balance bill of $500 or more that is currently in place for facility-based physicians and assisting surgeons to all types of physicians and facilities. Signed into law by the governor.

Commercial health insurance plans lobbied to have the state’s usual, customary, and reasonable (UCR) payment requirement for out-of-network PPO coverage removed. However, the initial draft does not eliminate the UCR provision.

HB 2077 (Rep. Greg Bonnen, R-Friendswood) – The bill would require the Texas Department of Insurance to collect data on how health plans calculate payments to out-of-network physicians and facilities. Did not pass.

HB 336 (Rep. Nicole Collier, D-Fort Worth) – The bill would direct state officials to closely monitor network adequacy. In addition, the state would be required to create a consumer report card that focuses on network adequacy. Did not pass.

SB 654 (Sen. Kel Seliger – R-Amarillo) & HB 1225 (Rep. John Smithee, R-Amarillo) – The bill would allow an APRN to be included as a primary care provider in a managed care organization’s provider network regardless of whether the physician supervising the APRN is in the network or not.

HB 1428 (Rep. John Smithee, R-Amarillo) – The bill would add the Texas Teacher Retirement System (TRS) health plan to the list of health plans that are subject to the state’s $500 mediation threshold for facility-based physicians and assisting surgeons. Signed into law.

HB 1566 (Rep. Dan Flynn, R-Van) – The bill would add the Teacher Retirement System (TRS) health plan to the health plans that are eligible for the state’s out-of-network mediation process. Did not pass.

HB 1675 (Rep. Dan Flynn, R-Van) – The bill would create additional regulations for physicians who choose to not accept credit card payments. Did not make it out of committee.

HB 3124 (Rep. Lance Gooden, R-Terrell) – The bill would give physicians an opportunity to challenge their physician comparison created by the health plans at least a few times a year. The bill was introduced to enhance accountable care organizations. The bill ultimately failed when several unrelated amendments were added in the Senate.

HB 1832 (Rep. Nicole Collier, D-Fort Worth) – The bill would require facilities to provide disclosures to patients regarding the physicians who have privileges at the facility. This also includes a disclosure that laboratory services may not be a participating provider. The bill did not receive a committee hearing.

SB 789 (Sen. Joan Huffman, R-Houston) – The bill would add “primary care coverage plan” to the definition of “health coverage plans” for the Texas School Employees Uniform Group Health Coverage Act. It would also mandate a high deductible HSA plan. The bill did not receive a committee hearing.

HB 2080 (Rep. Nicole Collier, D-Fort Worth) – The bill would require disclosures to patients regarding out-of-network laboratory services in health care facilities. The bill did not receive a committee hearing.

HB 2397 (Rep. Sergio Munoz, D-Mission) – The bill would add health care fraud by a provider against an insurer as a reason for terminating a contract under Texas law. The bill did not make it out of the House.

HB 2396 (Rep. Yvonne Davis, D-Dallas) – The bill would require HMOs to provide an annual report on earnings to the Texas Comptroller. The bill did not receive a committee hearing.

HB 2447 (Rep. Four Price, R-Amarillo) – The bill would add the Texas Education Agency commissioner to the list of representatives on the state’s statewide health coordinating council. The bill did not receive a committee hearing.

HB 2449 (Rep. Sergio Munoz, D-Mission) – The bill relates to “assignment of benefits” and the ability of a health plan to send the entire payment for a patient, which is then responsible for reimbursing the provider for its services. The bill did not receive a committee hearing.

HB 2345 (Rep. Paul Workman, R-Austin) – The bill would require utilization review agents to only use physicians who are licensed to practice medicine in the state of Texas. The bill did not make it out of the House.

HB 2760 (Rep. Greg Bonnen, R-Friendswood) and SB 2210 (Sen. Kelly Hancock, R North Richland Hills) – The bill would add new network adequacy and provider listing standards for commercial health insurance plans. The goal is to provide more transparency of the insurance networks for patients. The bill faced opposition from health plans. SB 2210 passed out of the Senate. The House companion did not make it to the House floor.

SB 1171 (Sen. Craig Estes, R-Wichita Falls) & HB 3343 (Rep. Dennis Paul, R-Houston) – The bill would give Texas the authority to operate the Texas Health Reinsurance System if the small employer health benefit plan in threatened with the inability to secure reinsurance coverage in the open market or if the TDI commissioner receives a petition from at least 15 small employer health benefit plan issuers. SB 1171 was signed into law.

HB 3218 (Rep. Larry Phillips, R-Sherman) and SB 1413 (Sen. Charles Schwertner, R-Georgetown) – The bill would increase the number of providers that are eligible to be part of an HMO network. HB 3218 passed the Legislature and was sent to the governor.

HB 3412 (Rep. Matt Shaheen, R-Plano) – The bill would prohibit HMOs from requiring a pre-authorization for the immediate need of durable medical equipment and diagnostic testing. The bill did not make it out of committee.

SB 1485 (Sen. Donna Campbell, R-New Braunfels) and HB 2945 (Rep. Sergio Munoz, D-Mission) – The bill would require health plans to pay out-of-network providers based on an allowed charge for a covered service that is not less than the average charge for the service by out-of-network providers in the geozip area (minus any charge that was the patient’s responsibility). In exchange, the provider would agree to not balance bill the patient. Did not receive a committee hearing.

SB 1486 (Sen. Donna Campbell, R-New Braunfels) and HB 3755 (Rep. Rodney Anderson, R-Irving) and HB 3753 (Rep. Greg Bonnen, R-Friendswood) – The bill is similar to SB 1485. It would define UCR as the average allowed charge based on a specific geographic area. HB 3755 received a committee hearing.

HB 3348 (Rep. Dennis Paul, R-Houston) – The bill would offer an insurance rider to consumers that covers emergency care. Providers would paid be based on a UCR that is an average charge on the 80^th percentile reported to a “database provider,” which is probably intended to be FAIR Health. The bill did not receive a committee hearing.

HB 3546 (Rep. Tom Oliverson, R-Houston) – The bill would require health plans to credit an insured’s deductible and annual out-of-pocket expense based on an amount the insured pays directly to a health care provider for a covered service if the claim is not submitted to the insurer and the amount paid by the insured to the provider is less than the average discounted rate for the service paid to an equivalent. The bill did not receive a hearing.

HB 3814 (Rep. Greg Bonnen, R-Friendswood) – The bill is similar to HB 3753. It would define UCR as 135 of the maximum allowed charge for out-of-network services. The bill did not receive a committee hearing.

SB 1613 (Sen. Donna Campbell, R-New Braunfels) and HB 2449 (Rep. Sergio Munoz, D-Mission) – The bill relates to assignment of benefits and would allow a provider to take any necessary action to recoer payment. The bills did not receive a committee hearing.

SB 1615 (Sen. Donna Campbell, R-New Braunfels) – The bill adds additional definition to what constitutes balance billing by stating that balance billing does not include charging for any deductible, copayment, or coinsurance for which the enrollee is obligated to pay. In addition, it would include any amount the health plan is obligated to reimburse the enrollee or to pay on behalf of the enrollee for the service received by the enrollee (assignment of benefits). The bill did not receive a committee hearing.

SB 1614 (Sen. Donna Campbell, R-New Braunfels) – The bill would additional text to what constitutes a misleading representation of a policy by adding “make a misleading representation or misrepresentation in an explanation of benefits provided by a health insurer or other health benefit plan issuer or a third-party administrator of a health benefit plan to an individual covered under the plan.” The bill did not receive a committee hearing.

SB 1636 (Sen. Donna Campbell, R-New Braunfels) & HB 1649 (Rep. Sergio Munoz, D-Mission) – The bill would prevent HMOs from using extrapolation to complete an audit of a participating provider. HB 1649 was voted out of the House. However, it did not move in the Senate.

HB 4194 (Rep. Will Metcalf, R-Conroe) – The bill would require certain disclosures regarding the network status for facility-based physicians. The bill did not receive a committee hearing.

HB 4197 (Rep. Dustin Burrows, R-Lubbock) – The bill relates to the prohibition or denial for the use of certain types of health benefit plans or payment methods. Did not receive a committee hearing.

HB 4178 (Rep. Byron Cook, R-Corsicana) – The bill relates to the disclosure of certain health care costs and shared savings between certain health benefit plans and state employees. Did not receive a committee hearing.

HB 4011 (Rep. Dustin Burrows, R-Lubbock) – The bill relates to the prohibition of reporting of information regarding debt incurred for nonemergency medical care. The bill was defeated in the House.

SB 2127 (Sen. Larry Taylor, R-Friendswood) – The bill would have prevented physicians from reporting bad debt to credit reporting agencies for emergency services. The bill made it out of the Senate, but it did not receive a committee vote in the House. A last minute attempt to amend it to a bill in the Senate failed.

HB 4016 (Rep. Greg Bonnen, R-Friendswood) – The bill relates to the payment of and disclosures related to certain out-of-network provider charges. It would define UCR as 135 percent of the highest allowed charge for out-of-network services within a specific region. The bill did not receive a hearing.

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Commercial Insurance – Pricing Transparency

SB 2104 (Sen. Carlos Uresti, D-San Antonio) – The bill would create a study regarding the feasibility of using the statewide system of health care data collection to create a public database of charges billed by providers. The bill was pushed by ASCs. It did not make it out of the Senate.

SB 2195 (Sen. Dawn Buckingham, R-Austin) – The bill would require providers that maintain a waiting area to post a clear notice of the availability of its charge list. Exceptions would be made for providers with fewer than three full-time employees. In addition, out-of-network providers that comply with this requirement would be exempt from the state’s mediation process for balance bills in the amount of $500 or more. The bill did not receive a committee hearing.

HB 1994 (Rep. Dustin Burrows, R-Lubbock) – The bill would create a joint committee during the Legislature’s interim to examine health care costs in the state. The bill did not receive a committee hearing.

HB 307 (Rep. Dustin Burrows, R-Lubbock) – The bill would require physicians and facilities to provide price estimate disclosures to patients prior to a non-emergency service. A new version of this legislation exists. The bill did not receive a committee vote.

HB 477 (Rep. Nicole Collier, D-Fort Worth) – The bill would direct health insurance agents who sell individual policies to provide information to consumers regarding the plan that they purchase. The bill was voted out of the House, but it did not receive a Senate committee hearing.

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Ancillary Services

HB 2257 (Rep. Sergio Munoz, D-Mission) – The bill would prohibit a commercial health insurance plan from forcing a patient to utilize ancillary services that are owned by the health plan.

SB 1174 (Sen. Chuy Hinojosa, D-McAllen) – The bill would direct Texas Medicaid to provide a prosthetic device under the medical assistance program to a recipient who is need of the device because of a congenital absence, a surgical revision, or traumatic amputation of an extremity, hip, or shoulder, regardless of the recipient’s age.

HB 2711 (Rep. Sergio Munoz, D-Mission) – The bill relates to ancillary services. It is unclear if it relates to a proposal by United that would direct patients to the Beacon Lab management process for laboratory services. Scheduled for a committee hearing on 04.11.17.

HB 3990 (Rep. Richard Raymond, D-Laredo), HB 3217 (Rep. Greg Bonnen, R-Friendswood) and SB 1375 (Sen. Dawn Buckingham, R-Austin) – The bills relate to the United Beacon Lab management issue. HB 3990 received a House hearing on 04.18.17.

SB 1174 (Sen. Chuy Hinojosa, D-McAllen) – The bill would direct Medicaid to provide a prosthetic device under the medical assistance program to a recipient who is in need of the device because of a congenital absence, a surgical revision, or the traumatic amputation of an extremity, hip, or shoulder, regardless of the patient’s age.

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Chiropractors

HB 2011 (Rep. Sergio Munoz, D-Mission) & HB 2203 (Rep. Senfronia Thompson, D-Houston) – The bills would add the definition of “diagnosis” to chiropractors’ scope of practice.

HB 2547 (Rep. Richard Raymond, D-Laredo) & SB 304 (Sen. Van Taylor, R-Plano) – The bill serves as the chiropractors’ Sunset Review and would formally define “diagnosis” in the chiropractor statute. Senators Dawn Buckingham and Van Taylor had a floor discussion regarding whether SB 304 would limit a chiropractor’s scope of practice to the musculoskeletal system and spine. SB 304 passed out of the Senate on 04.06.17.

SB 679 (Sen. Kelly Hancock, R-North Richland Hills) and HB 3820 (Rep. Tony Dale, R-Austin) – The bill would give chiropractors the ability to join physicians and podiatrists in the formation of a health organization corporation. SB 679 passed out of the Senate on 03.23.17.

HB 3421 (Rep. Jodie Laubenberg, R-Murphy) – The bill would allow chiropractors to perform school bus physical exams.

HB 3206 (Rep. Phil Stephenson, R-Rosenberg) – The bill would authorize a chiropractor to serve on the Combative Sports Advisory Board at the Department of Licensing and Regulation.

HB 3024 (Rep. Four Price, R-Amarillo) – The bill would add chiropractors to the list of providers who are allowed to remove athletes from UIL activity as a result of a suspected concussion. This does not relate to adding a chiropractor to a school concussion team. The bill passed the Legislature and was signed into law.

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Physician Assistants & Nurse Practitioners

HB 3395 (Rep. Four Price, R-Amarillo) – The bill would allow APRNs to have independent practice in counties that do not have actively practicing primary care physicians. The bill did not make it out of the House committee.

SB 681 (Sen. Kelly Hancock, R-North Richland Hills) & HB 1415 (Rep. Stephanie Klick, R-Arlington) – The bill would give full practice authority and controlled substance prescribing capability to APRNs. Neither bill made it out of committee.

SB 831 (Sen. Jose Rodriguez, D-El Paso) & HB 1804 (Rep. Cesar Blanco, D-El Paso) – The bill would give prescribing and ordering authority to certain APRNs who are military veterans. Neither bill made it out of committee.

HB 1846 (Rep. Garnet Coleman, D-Houston) and SB 433 (Sen. Jose Rodriguez, D-El Paso) – The bill would allow APRNs and PAs to prescribe and order Schedule II controlled substances. Neither bill made it out of committee.

SB 919 (Sen. Jose Rodriguez, D-El Paso) and HB 3857 (Rep. Garnet Coleman, D-Houston) – The bill would allow APRNs and PAs to sign death certificates and out-of-hospital DRN orders. SB 919 passed out of the Legislature and was sent to the governor.

HB 2143 (Rep. Phil Cortez, D-San Antonio) and SB 1625 (Sen. Carlos Uresti, D-San Antonio) – The bill would provide protection to physician assistants who act as “whistleblowers.” SB 1625 passed out of the Legislature and was sent to the governor.

HB 1978 (Rep. JD Sheffield, R-Gatesville) and SB 2194 (Sen. Dawn Buckingham, R-Austin) – The bill relates to volunteer care for PAs. HB 1978 passed the Legislature and was sent to the governor.

HB 1977 (Rep. JD Sheffield, R-Gatesville) and SB 1624 (Sen. Carlos Uresti, D-San Antonio) – The bill would add PAs to the list of “non-physician mental health professionals” in Texas. Neither bill passed out of committee.

HB 2502 (Rep. Garnet Coleman, D-Houston) – The bill would physician assistants and certain types of therapists to the state’s list of “non-physician mental health professional.” The bill did not receive a committee hearing.

HB 2141 (Rep. Tom Oliverson, R-Houston; Rep. Phil Cortez, D-San Antonio & Rep. John Zerwas, R-Richmond) and SB 1928 (Sen. Lois Kolkhorst, R-Brenham) – The bill would decrease the number of meetings required between a physician and a PA/APRN. HB 2141 did not make it out of the House.

HB 2525 (Rep. John Zerwas, R-Richmond) – The bill would create the licensing of an anesthesiologist under the Physician Assistant Licensing Act. The bill died in the House.

HB 2548 (Rep. John Zerwas, R-Richmond) – The bill would provide some prescribing and ordering of Schedule II controlled substances by certain physician assistants. The bill was voted out of a House committee, but it did not get a vote in the full House.

HB 3406 (Rep. Tom Oliverson, R-Cypress) – The bill would prevent a physician from receiving remuneration for delegating prescriptive authority to an advanced practice registered nurse or physician assistant. The bill did not make it out of committee.

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Physical Therapy

HB 728 (Sen. Van Taylor, R-Plano) and HB 2118 (Rep. Stephanie Klick, R-North Richland Hills) – The bill would give physical therapists 30 days of direct access to a patient without an appropriate referral. Neither bill made it out of committee.

HB 2765 (Rep. Travis Clardy, R-Nacogdoches) – The bill would add Texas to the states participating in the physical therapy interstate compact act, which recognizes physical therapy licenses across state lines. HB 2765 passed out of the Legislature and was sent to the governor for consideration.

HB 3210 (Rep. Larry Gonzales, R-Round Rock) and SB 317 (Sen. Robert Nichols, R-Jacksonville) and HB 4069 (Rep. Cindy Burkett, R-Sunnyvale) – The bill serves as the sunset bill for physical therapy regulation in Texas. The only major change would involve an interstate compact act for physical therapists that would allow them to have their licenses recognized by other states. Placed on the Senate intent calendar for a full Senate vote on 04.06.17.

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Podiatry

HB 3078 (Rep. Senfronia Thompson, D-Houston) and SB 318 (Sen. Charles Schwertner, R-Georgetown) – The bill serves as the sunset legislation to continue the regulation of podiatry in Texas. The regulation of podiatry will be transferred to the Texas Department of Licensing and Regulation. Otherwise, no major changes are expected. HB 3078 was heard in the House committee on 04.04.17.

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Surgical Assistants

HB 2418 (Rep. Scott Cosper, R-Killeen) and SB 1513 (Sen. Carlos Uresti, D-San Antonio) – The bill would require non-certified surgical technologists to undergo 15 hours of continuing education every year. The bills did not make it out of either chamber.
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Pharmacists

HB 2444 (Rep. Kevin Roberts, R-Houston) – The bill would allow pharmacists to furnish smoking cessation drugs, travel drugs, and waived clinical laboratory tests.

HB 2608 (Rep. JM Lozano, R-Kingsville) – The bill would add language to statute indicating: “The legislature fPharinds that pharmacists are health care providers authorized to provide health care services as authorized by the legislature under this subtitle.”

HB 3273 (Rep. Kevin Roberts, R-Houston) – The bill would give pharmacists the ability to provide additional vaccines and other services.

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Allied Health Providers

HB 2143 (Rep. Phil Cortez, D-San Antonio) – The bill would provide protection to physician assistants who act as “whistleblowers.”

HB 1978 (Rep. JD Sheffield, R-Gatesville) – The bill relates to volunteer care for PAs.

HB 1977 (Rep. JD Sheffield, R-Gatesville) – The bill would add PAs ot the list of “non-physician mental health professionals” in Texas.

HB 2011 (Rep. Sergio Munoz, D-Mission) and HB 2203 (Rep. Senfronia Thompson, D-Houston) – The bill would add “diagnose” to a chiropractor’s scope of practice in statute.

HB 2141 (Rep. Tom Oliverson, R-Houston; Rep. Phil Cortez, D-San Antonio & Rep. John Zerwas, R-Richmond) – The bill would decrease the number of meetings required between a physician and a PA/APRN.
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Sports Medicine

HB 986 (Rep. Bobby Guerra, D-McAllen) & SB 849 (Sen. Don Huffines, R-Dallas) – The bill would protect out-of-state team physicians when they travel to Texas for games and athletic competitions by directing the boards to recognize their out-of-state licenses during the events. The bills passed each chamber. However, neither chamber picked up the either chamber’s bill for final passage.

SB 155 (Sen. Chuy Hinojosa, D-McAllen) and HB 3476 (Rep. Dan Huberty, R-Humble) – The bill would require all UIL athletes to undergo cardiac assessments. A similar measure failed in 2015. HB 3476 did not make it out of the House.

HB 933 (Rep. Oscar Longoria, D-Mission) – The bill would prohibit certain shaved or rolled baseball bats during UIL events.

HB 3024 (Rep. Four Price, R-Amarillo) – The bill would add chiropractors to the list of individuals who are allowed to remove athletes from UIL activity as a result of a suspected concussion. However, this does not entail adding a chiropractor to a concussion management team. The bill passed out of the Legislature and was signed into law.

HB 4149 (Rep. Terry Wilson, R-Georgetown) – The bill would direct the Department of State Health Services to work with the University Interscholastic League on a regarding anabolic steroids for student athletes.
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Public Health

HB 1076 (Rep. Tom Oliverson, R-Houston), HB 1044 (Rep. Cesar Blanco, D-El Paso) & SB 850 (Sen. Don Huffines, R-Dallas) – The bill would update the state’s scoliosis screening standards to reflect the latest science by directing the Department of State Health Services to create rules. HB 1076 passed the Legislature and was sent to the governor for consideration.

SB 31 (Sen. Judith Zaffirini, D-Laredo) and HB 62 (Rep. Tom Craddick, R-Midland) and HB 160 (Rep. Eddie Lucio, III) – The bill would create a ban on texting while driving. HB 62 passed out of the Legislature and was sent to the governor for consideration.

HB 3313 (Rep. Toni Rose, D-Dallas) – The bill would allow physicians to prescribe opioid antagonists to an individual who is in a position to administer the drug to an individual who is undergoing overdose.

HB 1070 (Rep. Jeff Leach, R-Plano) – The bill would prevent a health care provider from refusing service to a patient because the patient has refused certain vaccinations.

SB 104 (Sen. Bob Hall, R-Rockwall) – The bill would prohibit certain physician questions regarding firearms.

HB 2063 (Rep. Greg Bonnen, R-Friendswood) – The bill defines the validity of a DNR in a hospital or hospice in certain situations.

SB 31 (Sen. Juddith Zaffirini, D-Laredo) and HB 62 (Rep. Tom Craddick, R-Midland) and HB 160 (Rep. Eddie Lucio, III) – The bill would create a ban on texting while driving. A Senate committee will hold a hearing on 03.13.17.

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Patient Reported Outcomes

SB 55 (Sen. Judith Zaffirini, D-Laredo) & HB 1976 (Rep. JD Sheffield)– The bill would require the Teacher Retirement System and Employee Retirement System health plans to study the potential use of incorporating patient-reported outcomes for musculoskeletal services into the state employee health plans.

A similar measure was introduced by two House members in 2015.
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Telemedicine

SB 1107 (Sen. Charles Schwertner, R-Georgetown & Sen. Charles Perry, R-Lubbock) and HB 2697 (Rep. Four Price, R-Amarillo) – The bill is viewed as the “compromise” bill on telemedicine. The bill would establish a valid practitioner-patient relationship for telemedicine as long as the practitioner has a pre-existing practitioner-patient relationship in accordance with rules adopted in the future by the Texas Medical Board, Texas Board of Nursing, Texas Physician Assistant Board, and the Texas State Board of Pharmacy. The bill would also set certain technology standards. In addition,the practitioner would be required to provide the patient with appropriate follow-up care and provide the patient’s primary care physician within 72 hours after the practitioner provides the services an explanation of the treatment provided (upon patient consent). SB 1107 was signed into law.

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Workers’ Comp

HB 2326 (Rep. Nicole Collier, D-Fort Worth) and SB 1035 (Sen. Charles Perry, R-Lubbock) – The bill would direct workers’ comp carriers to pay physicians for medical causation narrative reports for OIEC patients. HB 2326 passed out of the House, but it did not move in the Senate.

HB 2056 (Rep. Rene Oliveira, D-Brownsville) and SB 1495 – The bill would require Designated Doctor schedulers to make their contracts available to TDI-DWC (upon request). HB 2056 was signed into law.

HB 3702 (Rep. Yvonne Davis, D-Dallas) – The bill would direct OIEC to disclose to injured workers that they may have access to chiropractors. HB 307 did not move in the Senate after passing out of the House.

HB 2830 (Rep. Rene Oliveira, D-Brownsville) – The bill would prohibit specialty drugs from being used in the Workers’ Comp closed formulary. The bill was heard in the House. However, this issue will be determined in the regulatory process.

HB 2546 (Rep. John Zerwas, R-Richmond) – The bill would allow physician assistants to sign work status reports for Workers’ Comp. The bill passed out of the Legislature and was sent to the governor.

HB 3494 (Rep. Hugh Shine, R-Temple) and SB 2211 (Sen. Kelly Hancock, R-North Richland Hills) – The bill would create a real-time processing demonstration program for medical services and medical billing within the workers’ compensation program. Both bills moved in each chamber. However, they did not pass.

SB 1876 (Sen. Charles Perry, R-Lubbock) – On request by an insurance carrier and at the insurance carrier’s expense, an injured employee’s treating doctor may provide to the insurance carrier notice of all medical conditions the doctor considers related to the employee’s compensable injury and how the mechanism of the injury caused each condition. The bill did not witness movement.

SB 2030 (Sen. Dawn Buckingham, R-Austin) and HB 2345 (Rep. Paul Workman, R-Austin) – The bill would require utilization reviews to only be performed by physicians who are licensed in Texas. HB 2345 was voted out of committee.

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Prescription Drug Monitoring Database

HB 2561 (Rep. Senfronia Thompson, D-Houston) & SB 306 (Sen. Van Taylor, R-Plano) – The bill serves as the Sunset Review legislation for the Texas State Board of Pharmacy. The bill would require pharmacists to check the prescription drug monitoring database (PDMP) before filling prescriptions for opioids, benzodiazepines, barbiturates, or carisoprodol. In addition, it would direct the board to utilize its PDMP surveillance technology to identify potential doctor shoppers. HB 2561 was signed into law. The PDMP mandate for physicians was added to HB 2561.

SB 315 (Sen. Chuy Hinojosa, D-McAllen) and HB 3040 (Rep. Cindy Burkett, R-Sunnyvale) – This serves as the TMB sunset bill. The bill would require physicians to check the prescription drug monitoring database before prescribing opioids, benzodiazepines, barbiturates, or carisoprodol. The bill did not move. As a result, the TMB sunset will have to be considered again in 2019.

HB 3208 (Rep. Larry Gonzales, R-Round Rock) and SB 316 (Sen. Chuy Hinojosa, D-McAllen) – The bill addresses “doctor shopping” and relates to the prescribing of Schedule II, II, IV, and V controlled substances by veterinarians. It would require veterinarians who prescribe these drugs to submit data to the Prescription Drug Monitoring Database within one business day. The September 1, 2019 mandate was amended to HB 2561.

SB 1412 (Sen. Charles Schwertner, R-Georgetown) – The bill serves as a framework to address requirements for physicians to utilize the Prescription Drug Monitoring Database. The bill did not move.

SB 1284 (Sen. Van Taylor, R-Plano) – The bill would require pharmacists to enter data into the Prescription Drug Monitoring Database by the next day (as opposed to the seventh day). It would also require prescribers and pharmacists to check the PDMP before every opioid, benzodiazepine, barbiturate, or carisoprodol is prescribed and filled. The bill did not move.

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Prescription Drugs

HB 2711 (Rep. Bill Zedler, R-Arlington) – The bill would require physicians to use electronic methods to prescribe all Schedule II controlled substances. The bill was heard in a House hearing.

SB 316 (Sen. Chuy Hinojosa, D-McAllen) – The bill serves as the current vehicle for the state’s prescription drug monitoring database (PDMP) mandate. The current version would require a physicians to check the PDMP before every Schedule II opioid is written beginning on September 1, 2018. The September 1, 2019 mandate was amended to HB 2561.

HB 2561 (Rep. Senfronia Thompson, D-Houston) & SB 306 (Sen. Van Taylor, R-Plano) – The bill serves as the Sunset Review legislation for the Texas State Board of Pharmacy. The bill would require pharmacists to check the prescription drug monitoring database (PDMP) before filling prescriptions for opioids, benzodiazepines, barbiturates, or carisoprodol. In addition, it would direct the board to utilize its PDMP surveillance technology to identify potential doctor shoppers. HB 2561 was signed into law. It included the PDMP mandate for September 1, 2019.

HB 2804 (Rep. Four Price, R-Amarillo) and SB 2232 (Sen. Van Taylor, R-Plano) – The bill would prohibit the HHSC commissioner from extending the emergency scheduling of a controlled substance for more than one year. HB 2804 passed the Legislature and was sent to the governor.

HB 2859 (Rep. Garnet Coleman, D-Houston) – The bill relates to emergency oral or telephonically communication prescriptions for Schedule III through V prescriptions and would require physicians to send notification to the board the next business day (as opposed to the current law, which is the seventh day after the authorization). The bill was heard in committee. However, it did not witness movement.

HB 1206 (Rep. Matt Shaheen, R-Plano) – The bill would give Medicaid managed care plans to create their own drug formularies. The current drug formulary was extended until 2023.

HB 1917 (Rep. Richard Raymond, D-Laredo; Rep. Four Price, R-Amarillo; Rep. John Zerwas, R-Richmond; Rep. Sarah Davis, R-Houston & Rep. Oscar Longoria, D-Penitas) – The bill would extend the state’s existing Medicaid prescription drug formulary from 2018 to 2030. The current drug formulary was extended until 2023.

HB 1178 (Rep. John Kuempel, R-Seguin) and SB 536 (Sen. Chuy Hinojosa, D-McAllen) – The bills would add new penalty provisions for individuals who break into health care facilities for the purpose of stealing controlled substances. HB 1178 was signed into law by the governor.

HB 1227 (Rep. John Smithee, R-Amarillo) and SB 789 (Sen. Kel Seliger, R-Amarillo) – The bill would create additional transparency measures regarding the formularies for prescription drug coverage in individual health plans. HB 1227 was signed into law by the governor.

SB 584 (Sen. Royce West, D-Dallas) – The bill would create guidelines for individuals to administer opioid antagonists to individuals who are suffering opioid overdoses. A similar bill was voted by the governor in 2015. The bill was signed into law by the governor.

HB 3836 (Rep. Dustin Burrows, R-Lubbock) – The bill relates to the importation of drugs from foreign countries. The bill did not witness movement.

SB 1606 (Sen. Brandon Creighton, R-Conroe) and HB 2420 (Rep. Tom Oliverson) – The bill relates to the dispensing of aesthetic pharmaceuticals by physicians. Neither bill witnessed movement.

SB 1818 (Sen. Konni Burton, R-Fort Worth) – The bill would permit physicians to dispense “dangerous drugs” to patients. The bill did not witness movement.

HB 1482 (Rep. Matt Shaheen, R-Plano) – The bill would allow physicians to administer and charge for drugs that are labeled as “dangerous drugs.” The bill did not witness movement.

HB 1464 (Rep. Greg Bonnen, R-Friendswood; Rep. Tan Parker, R-Flower Mound; Rep. Senfronia Thompson, D-Houston; Rep. Diego Bernal, D-San Antonio & Rep. Jason Villalba, R-Dallas) and SB 680 (Sen. Kelly Hancock, R-North Richland Hills) – The bill addresses step therapy protocols created by health plans that limit initial access to certain drugs. SB 680 was signed into law.

SB 697 (Sen. Dawn Buckingham, R-Austin; Sen. Donna Campbell, R-New Braunfels; Sen. Craig Estes, R-Wichita Falls & Sen. Charles Schwertner, R-Georgetown) and HB 1296 (Rep. John Frullo, R-Lubbock) – The bill relates to the proration of the cost-sharing amount required for prescription drugs. HB 1296 passed the Legislature and was sent to the governor.

HB 2360 (Rep. Greg Bonnen, R-Friendswood) & SB 1076 (Sen. Charles Schwertner, R-Georgetown) – The bill would prevent health plans from including a provision that requires an enrollee to make a payment for a prescription drug at the point of sale in an amount greater than the amount that the pharmacist or pharmacy providing the prescription drug may retain from the health benefit issuer or the health benefit plan issuer’s pharmacy benefit manager. SB 1076 passed the Legislature and was sent to the governor.

HB 3864 (Rep. Eddie Rodriguez, D-Austin) – The bill would direct health plans to cover abuse-deterrent analgesic drugs. The bill did not experience movement.

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Texas Medical Board & Practice Issues

SB 1520 (Sen. Kelly Hancock, R-North Richland Hills) and HB 3129 (Rep. Cindy Burkett, R-Sunnyvale) – The bill would limit the amount of money that medical practices can charge for patient records. Neither bill passed after experiencing some movement.

SB 1148 (Sen. Dawn Buckingham, R-Austin) and HB 3216 (Rep. Greg Bonnen, R-Friendswood) – Nine senators filed SB 1148, which would prohibit health plans, licensing bodies, and facilities from discriminating against physicians based on their board maintenance of certification status. SB 1148 was amended on the final weekend in the House and passed the Legislature.

SB 315 (Sen. Chuy Hinojosa, D-McAllen) and HB 3040 (Rep. Cindy Burkett, R-Sunnyvale) – This serves as the TMB sunset bill. The bill would require physicians to check the prescription drug monitoring database before prescribing certain types of painkillers. The sunset bill did not pass. It will have to be considered again in 2019.

HB 752 (Rep. Morgan Meyer, R-Dallas) and SB 833 (Sen. Bryan Hughes, R-Mineola) – The bill relates to health organizations that interfere with a physician’s professional judgment by creating new disciplinary measures for the chief medical officer who is in charge of the health organization. Neither bill passed after witnessing movement in each chamber.

HB 783 (Rep. Bill Zedler, R-Arlington) – The bill would give the holder of a temporary medical license the same rights and obligations as the holder of a permanent license. The bill did not experience movement.

SB 404 (Sen. Lois Kolkhorst, R-Brenham) – The bill would prevent health care practitioners from providing alcoholic beverages to a patient in the office. The bill passed out of the Senate. However, it did not get out of the House.

HB 1399 (Rep. Bill Zedler, R-Arlington) – The bill would prohibit certain communications or records that are confidential and privileged from being disclosed or released to the TMB. The bill did not experience movement.

SB 1112 (Sen. Van Taylor, R-Plano) – The bill would eliminate a requirement for a physician applicant to be required to have an additional two years of postgraduate medical training approved by the board as one of the requirements to pass the examination within six attempts. The bill did not experience movement.

HB 3958 (Rep. Larry Gonzales, R-Round Rock) – The bill would create the Interstate Medical Licensure Compact. The states in the compact would recognize the medical licenses from participating states. The bill did not experience movement.

SB 2074 (Sen. Jose Rodriguez, D-El Paso) and HB 4249 (Rep. Diana Arevalo, D-San Antonio) – The bill would allow applicants to have five attempts to pass each part of the licensing examination if they have practiced in a medically underserved population or in a health shortage area. Neither bill experienced movement.

SB 1225 (Sen. Borris Miles, D-Houston) – The bill relates to eligibility requirements for the repayment for certain physician education loans. The bill experienced a committee hearing. However, it did not move further.

SJR 52 and SB 1543 (Sen. Royce West, D-Dallas) and HB 820 (Rep. Matt Shaheen, R-Plano) – The measure would propose a constitutional amendment to authorize a local option exemption from ad valorem taxation by a county of a portion of the value of the residence homestead of the physician who provides health care services for which the physician agrees to not seek payment from any source, including the Medicaid program or otherwise from this state or the federal government, to county residents who are indigent or who are Medicaid recipients. The bills received committed hearings. However, they did not move further.

HB 3408 (Rep. Shawn Thierry, D-Houston) – The bill would require physicians and physician assistants to complete one hour of suicide prevention training. The bill did not experience movement.

HB 2333 (Rep. Gary Elkins, R-Houston) – The bill would add credit card information to the “breach of system security” law in Texas. A business that fails to secure the business’s computer system and suffers a breach of system security would be required to pay a civil penalty of $50 for each credit card and debit card from which information was compromised. The bill did not move out of committee.

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Personal Injury

HB 2300 (Rep. Mike Schofield, R-Houston) – For personal injury cases involving economic damages, physician fees would be limited to 125 percent of Medicare for claimants who did not have health benefits. The bill is being pushed by the trucking industry. The bill did not witness movement.

HB 2301 (Rep. Mike Schofield, R-Houston) – The bill would give the defense the ability to argue the “unreasonableness” and “unnecessary” charges without any time limitations. The bill did not receive a committee vote after its hearing.

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Medical Liability Insurance

HB 719 (Rep. Gene Wu, D-Houston) – The bill relates to liability limits in a health care liability claim and tie it to the consumer price index. The bill was heard in a committee hearing. However, it did not witness movement.

HB 2269 (Rep. Mike Schofield, R-Houston) – The bill relates to a civil liability of a children’s isolation unit in a hospital. The bill did not make it out of the House.

HB 2891 (Rep. John Smithee, R-Amarillo) and SB 1872 (Sen. Brandon Creighton, R-Conroe) – The bill would prevent certain protected health information, such as genetic information, from being released in health liability claims. HB 2891 passed out of the Legislature and was sent to the governor.

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Medicaid

HB 2905 (Rep. Sergio Munoz, D-Mission) – The bill relates to reimbursement rates for certain therapy services under Medicaid. The bill did not pass.

HB 3962 (Rep. Tomas Uresti) – The bill relates to an appropriation of money from the economic stabilization fund to provide certain therapy services under Medicaid. The bill did not experience movement.

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