Tex. Health & Safety Code Section 311.022
Discrimination Prohibited in Denial of Services; Criminal Penalties

(a)

An officer, employee, or medical staff member of a general hospital may not deny emergency services because a person cannot establish the person’s ability to pay for the services or because of the person’s race, religion, or national ancestry if:

(1)

the services are available at the hospital; and

(2)

the person is diagnosed by a licensed physician as requiring those services.

(b)

An officer or employee of a general hospital may not deny a person in need of emergency services access to diagnosis by a licensed physician on the hospital staff because the person cannot establish the person’s ability to pay for the services or because of the person’s race, religion, or national ancestry.

(c)

In addition, the person needing emergency services may not be subjected to arbitrary, capricious, or unreasonable discrimination based on age, sex, physical condition, or economic status.

(d)

An officer, employee, or medical staff member of a general hospital commits an offense if that person recklessly violates this section. An offense under this subsection is a Class B misdemeanor, except that if the offense results in permanent injury, permanent disability, or death, the offense is a Class A misdemeanor.

(e)

An officer, employee, or medical staff member of a general hospital commits an offense if that person intentionally or knowingly violates this section. An offense under this subsection is a Class A misdemeanor, except that if, as a direct result of the offense, a person denied emergency services dies, the offense is a felony of the third degree.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Source: Section 311.022 — Discrimination Prohibited in Denial of Services; Criminal Penalties, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­311.­htm#311.­022 (accessed May 4, 2024).

311.001
Special Hospital Requirements for Graduate of Foreign Medical School Prohibited 311.002
Itemized Statement of Billed Services 311.003
Reimbursement for Infant Transport to Hospital Neonatal Intensive Care Unit 311.004
Standardized Patient Risk Identification System 311.005
Water Wells for Use by Hospitals in Certain Counties in Event of Emergency or Natural Disaster 311.021
Definition 311.022
Discrimination Prohibited in Denial of Services 311.023
No Liability for Failure to Provide Emergency Services After Good Faith Effort 311.024
Payment for Services Required 311.0025
Audits of Billing 311.031
Definitions 311.032
Department Administration of Hospital Reporting and Collection System 311.033
Financial and Utilization Data Required 311.035
Use of Data 311.036
Data Verification 311.037
Confidential Data 311.039
Exemption 311.041
Policy Statement 311.042
Definitions 311.043
Duty of Nonprofit Hospitals to Provide Community Benefits 311.044
Community Benefits Planning by Nonprofit Hospitals 311.045
Community Benefits and Charity Care Requirements 311.046
Annual Report of Community Benefits Plan 311.047
Penalties 311.048
Rights and Remedies 311.061
Applicability of Subchapter 311.062
Employment of Physicians Permitted 311.063
Duties and Hospital Policies 311.064
Construction of Subchapter 311.081
Applicability and Construction of Subchapter 311.082
Employment of Physicians Permitted 311.083
Hospital Duties and Policies 311.0335
Mental Health and Chemical Dependency Data 311.0455
Annual Report by the Department 311.0456
Eligibility and Certification for Limited Liability 311.0461
Informational Manual
Green check means up to date. Up to date

Accessed:
May 4, 2024

§ 311.022’s source at texas​.gov