TAHP Comments on Proposed FSER Rule

We appreciate HHSC’s efforts in drafting rules to implement the consumer protections relating to Freestanding Emergency Medical Care Facilities (FSERs). We strongly support the provision in proposed §509.21(c)(4) that confirms that a facility license “authorizes only emergency care services and those procedures that are related to providing emergency care.” Chapter 254 clearly defines a FSER as a facility that is structurally separate and distinct from a hospital and that “provides emergency care.” There have been multiple attempts by FSERs to expand their authority legislatively, all of which have failed. The rule proposal therefore correctly clarifies that nonemergency services may not legally be provided by or at FSERs.

Read our full comment letter.

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