Tex.
Ins. Code Section 1301.010
Balance Billing Prohibition Notice
(a)
An insurer shall provide written notice in accordance with this section in an explanation of benefits provided to the insured and the physician or health care provider in connection with a medical care or health care service or supply or transport provided by an out-of-network provider. The notice must include:(1)
a statement of the billing prohibition under Section 1301.0053 (Exclusive Provider Benefit Plans: Emergency Care), 1301.155 (Emergency Care), 1301.164 (Out-of-network Facility-based Providers), 1301.165 (Out-of-network Diagnostic Imaging Provider or Laboratory Service Provider), or 1301.166 (Out-of-network Emergency Medical Services Provider), as applicable;(2)
the total amount the physician or provider may bill the insured under the insured’s preferred provider benefit plan and an itemization of copayments, coinsurance, deductibles, and other amounts included in that total; and(3)
for an explanation of benefits provided to the physician or provider, information required by commissioner rule advising the physician or provider of the availability of mediation or arbitration, as applicable, under Chapter 1467 (Out-of-network Claim Dispute Resolution).(b)
An insurer shall provide the explanation of benefits with the notice required by this section to a physician or health care provider not later than the date the insurer makes a payment under Section 1301.0053 (Exclusive Provider Benefit Plans: Emergency Care), 1301.155 (Emergency Care), 1301.164 (Out-of-network Facility-based Providers), 1301.165 (Out-of-network Diagnostic Imaging Provider or Laboratory Service Provider), or 1301.166 (Out-of-network Emergency Medical Services Provider), as applicable.(1)
a statement of the billing prohibition under Section 1301.0053 (Exclusive Provider Benefit Plans: Emergency Care), 1301.155 (Emergency Care), 1301.164 (Out-of-network Facility-based Providers), or 1301.165 (Out-of-network Diagnostic Imaging Provider or Laboratory Service Provider), as applicable;(2)
the total amount the physician or provider may bill the insured under the insured’s preferred provider benefit plan and an itemization of copayments, coinsurance, deductibles, and other amounts included in that total; and(3)
for an explanation of benefits provided to the physician or provider, information required by commissioner rule advising the physician or provider of the availability of mediation or arbitration, as applicable, under Chapter 1467 (Out-of-network Claim Dispute Resolution).(b)
An insurer shall provide the explanation of benefits with the notice required by this section to a physician or health care provider not later than the date the insurer makes a payment under Section 1301.0053 (Exclusive Provider Benefit Plans: Emergency Care), 1301.155 (Emergency Care), 1301.164 (Out-of-network Facility-based Providers), or 1301.165 (Out-of-network Diagnostic Imaging Provider or Laboratory Service Provider), as applicable.
Source:
Section 1301.010 — Balance Billing Prohibition Notice, https://statutes.capitol.texas.gov/Docs/IN/htm/IN.1301.htm#1301.010 (accessed Jun. 5, 2024).
