Section 1301.0058 - Protected Communications By Preferred Providers(a) An insurer may not in any manner prohibit, attempt to prohibit, penalize, terminate, or otherwise restrict a preferred provider from communicating with an insured about the availability of out-of-network providers for the provision of the insured's medical or health care services.(b) An insurer may not terminate the contract of or otherwise penalize a preferred provider solely because the provider's patients use out-of-network providers for medical or health care services.(c) An insurer's contract with a preferred provider may require that, except in a case of a medical emergency as determined by the preferred provider, before the provider may make an out-of-network referral for an insured, the preferred provider inform the insured:(1) that: (A) the insured may choose a preferred provider or an out-of-network provider; and(B) if the insured chooses the out-of-network provider the insured may incur higher out-of-pocket expenses; and(2) whether the preferred provider has a financial interest in the out-of-network provider.Tex. Ins. Code § 1301.0058
Added by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 275,Sec. 5, eff. 9/1/2015.