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LEGISLATIVE WRAP-UP

ment up to a year in a county jail and a fine of $4,000. this was a bill specifically targeting physicians. Had this bill passed,
The Legislature has further decided physicians can be sued by the an attorney general could go after one or more physicians simply
attorney general for billing what he/she sees as a fair rate for the because it was politically expedient.
service, or accept less pay than what the service is worth. This ses- Physicians are under siege and now the price of not being en-
sion, Senator Hancock proposed SB 1264 to end balance billing by gaged in advocacy is going to jail. The legislature wishes to dictate
physicians. In the original draft of the compromise bill, there was how we practice medicine and criminalize those who fall outside of
agreement amongst legislators in both the House and Senate to in- their parameters. There is no better reason to contribute to and en-
sert language as follows, “ Sec. 752.001 INJUNCTION FOR BAL- gage with TEXPAC. It is important for all of our futures. Contri-
ANCED BILLING. (a) If the attorney general believes that an butions to TEXPAC are used to support and build relationships
individual or entity is violating a law prohibiting the individual or with legislators. It is much harder for a legislator to vote for a bill
entity from billing an insured participant or enrollee in an amount which sends you to jail if you have an established relationship with
greater than the insured’s participant’s or enrollee’s responsibility that individual. There is no ambiguity about this. Advocacy protects
under the insured’s participants’ or enrollee’s managed care plan, our livelihoods. There are already laws on the books which assure
the attorney general may bring a civil action in the name of the state you are committing a crime each day you practice medicine. The
to enjoin the individual or entity from the violation.” It should be only way to reverse the trend is to be engaged in advocacy.
noted that TMA later worked to get that language changed such
that evidence has to be brought from a state regulatory agency. No Dr. Alex Kenton is the chairman of the BCMS Legisla-
statute was written for the insurance company for underpaying the tive and Socioeconomics Committee and is also the chair of
physician or for having inadequate networks. Make no mistake that TEXPAC.

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