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TITLE 28INSURANCE
PART 1TEXAS DEPARTMENT OF INSURANCE
CHAPTER 21TRADE PRACTICES
SUBCHAPTER PPOUT-OF-NETWORK CLAIM DISPUTE RESOLUTION
DIVISION 1GENERAL PROVISIONS
RULE §21.5003Definitions

The following words and terms have the following meanings when used in this subchapter unless the context clearly indicates otherwise.

  (1) Administrator--Has the meaning assigned by Insurance Code §1467.001, concerning Definitions. The term also includes an administrator of a nonprofit agricultural organization under Insurance Code Chapter 1682, concerning Health Benefits Provided by Certain Nonprofit Agricultural Organizations, and an administrator of a self-insured or self-funded ERISA plan under Insurance Code Chapter 1275, concerning Balance Billing Prohibitions and Out-of-Network Claim Dispute Resolution for Certain Plans, offering a health benefit plan.

  (2) Arbitration--Has the meaning assigned by Insurance Code §1467.001.

  (3) Claim--A request to a health benefit plan for payment for health benefits under the terms of the health benefit plan's coverage, including emergency care, or a health care or medical service or supply, or any combination of emergency care and health care or medical services and supplies, provided that the care, services, or supplies:

    (A) are furnished for a single date of service; or

    (B) if furnished for more than one date of service, are provided as a continuing or related course of treatment over a period of time for a specific medical problem or condition, or in response to the same initial patient complaint.

  (4) Diagnostic imaging provider--Has the meaning assigned by Insurance Code §1467.001.

  (5) Diagnostic imaging service--Has the meaning assigned by Insurance Code §1467.001.

  (6) Emergency care--Has the meaning assigned by Insurance Code §1301.155, concerning Emergency Care.

  (7) Emergency care provider--Has the meaning assigned by Insurance Code §1467.001.

  (8) ERISA--The Employee Retirement Income Security Act of 1974 (29 USC §1001 et seq.).

  (9) Enrollee--Has the meaning assigned by Insurance Code §1467.001.

  (10) Facility--Has the meaning assigned by Health and Safety Code §324.001, concerning Definitions.

  (11) Health benefit plan--A plan that provides coverage under:

    (A) a health benefit plan offered by an HMO operating under Insurance Code Chapter 843, concerning Health Maintenance Organizations;

    (B) a preferred provider benefit plan, including an exclusive provider benefit plan, offered by an insurer under Insurance Code Chapter 1301, concerning Preferred Provider Benefit Plans;

    (C) a plan, other than an HMO plan, under Insurance Code Chapters 1551, concerning Texas Employees Group Benefits Act; 1575, concerning Texas Public School Employees Group Benefits Program; 1579, concerning Texas School Employees Uniform Group Health Coverage; or 1682; or

    (D) a self-insured or self-funded plan established by an employer under ERISA for which the plan sponsor has elected to apply Insurance Code Chapter 1275 to the plan for the relevant plan year.

  (12) Facility-based provider--Has the meaning assigned by Insurance Code §1467.001.

  (13) Insurer--A life, health, and accident insurance company; health insurance company; or other company operating under: Insurance Code Chapters 841, concerning Life, Health, or Accident Insurance Companies; 842, concerning Group Hospital Service Corporations; 884, concerning Stipulated Premium Insurance Companies; 885, concerning Fraternal Benefit Societies; 982, concerning Foreign and Alien Insurance Companies; or 1501, concerning Health Insurance Portability and Availability Act, that is authorized to issue, deliver, or issue for delivery in this state a preferred provider benefit plan, including an exclusive provider benefit plan, under Insurance Code Chapter 1301.

  (14) Mediation--Has the meaning assigned by Insurance Code §1467.001.

  (15) Mediator--Has the meaning assigned by Insurance Code §1467.001.

  (16) Out-of-network claim--A claim for payment for medical or health care services or supplies or both furnished by an out-of-network provider or a non-network provider.

  (17) Out-of-network provider--Has the meaning assigned by Insurance Code §1467.001.

  (18) Party--Has the meaning assigned by Insurance Code §1467.001.


Source Note: The provisions of this §21.5003 adopted to be effective October 19, 2010, 35 TexReg 9300; amended to be effective November 3, 2016, 41 TexReg 8612; amended to be effective April 26, 2018, 43 TexReg 2423; amended to be effective December 23, 2019, 44 TexReg 7988; amended to be effective February 20, 2022, 47 TexReg 792; amended to be effective January 3, 2024, 48 TexReg 8372

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