(a) For purposes of this section a "balance bill" is
a bill for an amount greater than an applicable copayment, coinsurance,
and deductible under an enrollee's health benefit plan, as specified
in Insurance Code §§1271.157(c), 1271.158(c), 1275.052(c),
1275.053(c), 1301.164(c), 1301.165(c), 1551.229(c), 1551.230(c), 1575.172(c),
1575.173(c), 1579.110(c), or 1579.111(c).
(b) An out-of-network provider may not balance bill
an enrollee receiving a nonemergency health care or medical service
or supply, and the enrollee does not have financial responsibility
for a balance bill, unless the enrollee elects to obtain the service
or supply from the out-of-network provider knowing that the provider
is out-of-network and the enrollee may be financially responsible
for a balance bill. An enrollee's legal representative or guardian
may elect on behalf of an enrollee. For purposes of this subsection,
an enrollee elects to obtain a service or supply only if:
(1) the enrollee has a meaningful choice between a
participating provider for a health benefit plan issuer or administrator
and an out-of-network provider. No meaningful choice exists if an
out-of-network provider was selected for or assigned to an enrollee
by another provider or health benefit plan issuer or administrator;
(2) the enrollee is not coerced by a provider or health
benefit plan issuer or administrator when making the election. A provider
engages in coercion if the provider charges or attempts to charge
a nonrefundable fee, deposit, or cancellation fee for the service
or supply prior to the enrollee's election; and
(3) the out-of-network provider or the agent or assignee
of the provider provides written notice and disclosure to the enrollee
and obtains the enrollee's written consent, as specified in subsection
(c) of this section.
(c) If an out-of-network provider elects to balance
bill an enrollee, rather than participate in claim dispute resolution
under Insurance Code Chapter 1467 and Subchapter PP of this title,
the out-of-network provider or agent or assignee of the provider must
provide the enrollee with the notice and disclosure statement specified
in subsection (e) of this section prior to scheduling the nonemergency
health care or medical service or supply. To be effective, the notice
and disclosure statement must be signed and dated by the enrollee
no less than 10 business days before the date the service or supply
is performed or provided. The enrollee may rescind acceptance within
five business days from the date the notice and disclosure statement
was signed, as explained in the notice and disclosure statement form.
(d) Each out-of-network provider, or the provider's
agent or assignee, must maintain a copy of the notice and disclosure
statement, signed and dated by the enrollee, for four years if the
medical service or supply is provided and a balance bill is sent to
the enrollee. The provider must provide the enrollee with a copy of
the signed notice and disclosure statement on the same date the statement
is received by the provider.
(e) The department adopts by reference Form AH025 as
the notice and disclosure statement to be used under this section.
The notice and disclosure statement may not be modified, including
its format or font size, and must be presented to an enrollee as a
stand-alone document and not incorporated into any other document.
The form is available from the department by accessing its website
at www.tdi.texas.gov/forms.
(f) A provider who seeks and obtains an enrollee's
signature on a notice and disclosure statement under this section
is not eligible to participate in claim dispute resolution under Insurance
Code Chapter 1467 and Subchapter PP of this title. This subsection
does not apply if the election is defective as described by subsection
(b) of this section or rescinded by the enrollee under subsection
(c) of this section.
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