Tex. Ins. Code Section 1366.057
Prohibited Conduct


An issuer of a health benefit plan may not:

(1)

modify the terms and conditions of coverage based on a request by an enrollee for less than the minimum coverage required under Section 1366.055 (Coverage for Inpatient Care Required)(a);

(2)

offer to a woman who has given birth to a child a financial incentive or other compensation the receipt of which is contingent on the waiver by the woman of the minimum coverage required under Section 1366.055 (Coverage for Inpatient Care Required)(a);

(3)

refuse to accept a physician’s recommendation for inpatient care made in consultation with the woman who has given birth to a child if the period of inpatient care recommended by the physician does not exceed the minimum periods recommended in guidelines for perinatal care developed by:

(A)

the American College of Obstetricians and Gynecologists;

(B)

the American Academy of Pediatrics; or

(C)

another nationally recognized professional association of obstetricians and gynecologists or of pediatricians;

(4)

reduce payments or other forms of reimbursement for inpatient care below the usual and customary rate of reimbursement for that care; or

(5)

penalize a physician for recommending inpatient care for a woman or the woman’s newborn child by:

(A)

refusing to permit the physician to participate as a provider in the health benefit plan;

(B)

reducing payments made to the physician;

(C)

requiring the physician to:
(i)
provide additional documentation; or
(ii)
undergo additional utilization review; or

(D)

imposing other analogous sanctions or disincentives.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 3, eff. April 1, 2005.

Source: Section 1366.057 — Prohibited Conduct, https://statutes.­capitol.­texas.­gov/Docs/IN/htm/IN.­1366.­htm#1366.­057 (accessed May 4, 2024).

Accessed:
May 4, 2024

§ 1366.057’s source at texas​.gov