2023 Texas Statutes › Insurance Code › Title 8 - Health Insurance and Other Health Coverages › Subtitle J - Health Information Technology and Availability › Chapter 1662 - Health Care Cost Transparency › Subchapter C. Required Public Disclosures › Section 1662.103. Required Information

Sec. 1662.103.  REQUIRED INFORMATION.  (a) A health benefit plan issuer or administrator shall publish the following information:
(1)  a network rate machine-readable file that includes the following information for all covered health care services and supplies, except for prescription drugs that are subject to a fee-for-service reimbursement arrangement:
(A)  for each coverage option offered by a health benefit plan issuer or administered by a health benefit plan administrator, the option's name and:
(i)  the option's 14-digit health insurance oversight system identifier;
(ii)  if the 14-digit identifier is not available, the option's 5-digit health insurance oversight system identifier; or
(iii)  if the 14- and 5-digit identifiers are not available, the employer identification number associated with the option;
(B)  a billing code, which must be the national drug code for a prescription drug, and a plain-language description for each billing code for each covered service or supply under each coverage option offered by the issuer or administered by the administrator; and
(C)  all applicable rates, including negotiated rates, underlying fee schedules, or derived amounts, provided in accordance with Section 1662.104;
(2)  an out-of-network allowed amount machine-readable file, including:
(A)  for each coverage option offered by a health benefit plan issuer or administered by a health benefit plan administrator, the option's name and:
(i)  the option's 14-digit health insurance oversight system identifier;
(ii)  if the 14-digit identifier is not available, the option's 5-digit health insurance oversight system identifier; or
(iii)  if the 14- and 5-digit identifiers are not available, the employer identification number associated with the option;
(B)  a billing code, which must be the national drug code for a prescription drug, and a plain-language description for each billing code for each covered service or supply under each coverage option offered by the issuer or administered by the administrator; and
(C)  except as provided by Subsection (b), unique out-of-network billed charges and allowed amounts provided in accordance with Section 1662.105 for covered health care services or supplies provided by out-of-network providers during the 90-day period that begins on the 180th day before the date the machine-readable file is published; and
(3)  a prescription drug machine-readable file that includes:
(A)  for each coverage option offered by a health benefit plan issuer or administered by a health benefit plan administrator, the option's name and:
(i)  the option's 14-digit health insurance oversight system identifier;
(ii)  if the 14-digit identifier is not available, the option's 5-digit health insurance oversight system identifier; or
(iii)  if the 14- and 5-digit identifiers are not available, the employer identification number associated with the option;
(B)  the national drug code and the proprietary and nonproprietary name assigned to the national drug code by the United States Food and Drug Administration for each covered prescription drug provided under each coverage option offered by the issuer or administered by the administrator;
(C)  the negotiated rates, which must be:
(i)  reflected as a dollar amount with respect to each national drug code that is provided by a network provider, including a network pharmacy or other prescription drug dispenser;
(ii)  associated with the national provider identifier, tax identification number, and place of service code for each network provider, including each network pharmacy or other prescription drug dispenser; and
(iii)  associated with the last date of the contract term for each provider-specific negotiated rate that applies to each national drug code; and
(D)  except as provided by Subsection (b), historical net prices, which must be:
(i)  reflected as a dollar amount with respect to each national drug code that is provided by a network provider, including a network pharmacy or other prescription drug dispenser;
(ii)  associated with the national provider identifier, tax identification number, and place of service code for each network provider, including each network pharmacy or other prescription drug dispenser; and
(iii)  associated with the 90-day period that begins on the 180th day before the date the machine-readable file is published for each provider-specific historical net price calculated in accordance with Section 1662.106 that applies to each national drug code.
(b)  A health benefit plan issuer or administrator shall omit information described by Subsection (a)(2)(C) or (a)(3)(D) in relation to a particular health care service or supply if compliance with that subsection would require the issuer to report payment information in connection with fewer than 20 different claims for payments under a single health benefit plan.
(c)  This section does not require the disclosure of information that would violate any applicable health information privacy law.
Added by Acts 2021, 87th Leg., R.S., Ch. 333 (H.B. 2090), Sec. 3, eff. September 1, 2021.