TITLE: Relating to certain unprofessional conduct by a health care provider.

SUMMARY: Relating to certain unprofessional conduct by a health care provider.

FULL TEXT:
AN ACT relating to certain unprofessional conduct by a health care provider. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 105.002(a), Occupations Code, is amended to read as follows: (a) A health care provider commits unprofessional conduct if the health care provider, in connection with the provider's professional activities: (1) knowingly presents or causes to be presented a false or fraudulent claim for the payment of a loss under an insurance policy; (2) knowingly prepares, makes, or subscribes to any writing, with intent to present or use the writing, or to allow it to be presented or used, in support of a false or fraudulent claim under an insurance policy; [or] (3) knowingly directs or requires a patient to obtain health care goods or services from a niche hospital in which the health care provider or an immediate family member of the provider has a financial interest, unless the provider: (A) discloses to the patient, in writing, that the provider or the provider's family member has a financial interest in the niche hospital; and (B) informs the patient that the patient has the option of using an alternative health care facility;or (4) knowingly fails to allow a patient, when requested by the patient or a guardian authorized to consent to treatment for the patient, to have another person present with the patient during an examination, service, or procedure to observe the patient or health care provider.SECTION 2. This Act takes effect September 1, 2011.