SB 425 Testimony – Rhonda Sandel of Texas Emergency Care

Good morning. My name is Rhonda Sandel and I represent TAFEC, the Texas Association of Freestanding Emergency Centers. Our association is opposed to Senate Bill 425.

The Association represents 157 independently licensed Freestanding Emergency Centers, comprising over 80 percent of the industry. Our member facilities have contributed approximately 20 million dollars annually to the state and local governments, and employ over 7,000 Texans.

Our facilities are licensed and regulated by the state, just like hospital emergency rooms. We are open 24 hours per day, 365 days per year, and are staffed with emergency physicians. We have fully equipped, onsite labs and radiology suites, including CT and Ultrasound.

Freestanding emergency centers are NOT urgent care facilities. Urgent care clinics are not licensed or regulated by the state. They are not open 24 hours. They are often staffed with nurse practitioners or physician assistants, and the patient may never see a physician. You can think of an urgent care clinic as a physician office with extended hours of operation.

Unfortunately urgent care clinics often use the term “emergency” or “minor emergency” in their name, marketing, and advertising materials. This is against the law and confuses the general public.

Freestanding emergency centers provide greater access to care with little to no wait times for patients seeking emergency treatment. We bring emergency medicine to the people by locating our facilities in the neighborhoods where people live, shop, and spend their time.

As TAFEC members we fully support billing transparency. We have no intent in hiding behind the veil of an urgent care clinic. State law requires freestanding facilities post signage that says “Emergency Room”, and patients sign forms acknowledging they are in an emergency room and not an urgent care clinic, which includes a disclosure that they will be billed for an emergency room visit.

With that said, our association must oppose Senate Bill 425 due to the drafted mediation provisions. Currently there are no statutes that require facilities such as hospital emergency rooms, hospital freestanding emergency rooms, ambulatory surgical centers, or surgical hospitals to be subject to mediation such as this. Therefore, Senate Bill 425 would not treat these facilities consistently and fairly. It would create unfair & burdensome regulations, unfair competition, and an unfair playing field.

As written, the bill only applies to freestanding emergency centers and creates an economic disadvantage for the members of our association. It is not needed and it is unfair. Facility mediation should apply to all facilities or no facilities. This is why we stand opposed to Senate Bill 425.

Thank you for your time today. We look forward to working with Senator Schwertner on possible changes. I’m happy to answer any questions from the committee.

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