2023 Texas Statutes › Insurance Code › Title 8 - Health Insurance and Other Health Coverages › Subtitle F - Physicians and Health Care Providers › Chapter 1451 - Access to Certain Practitioners and Facilities › Subchapter D. Access to Optometrists Used Under Managed Care Plan › Section 1451.155. Contracts With Optometrists or Therapeutic Optometrists

Sec. 1451.155.  CONTRACTS WITH OPTOMETRISTS OR THERAPEUTIC OPTOMETRISTS.  (a)  In this section:
(1)  "Chargeback" means a dollar amount, fee, surcharge, or item of value that reduces, modifies, or offsets all or part of the patient responsibility, provider reimbursement, or fee schedule for a covered product or service.
(2)  "Covered product or service" means a medical or vision care product or service for which reimbursement is available under an enrollee's managed care plan contract or for which reimbursement is available subject to a contractual limitation, including:
(A)  a deductible;
(B)  a copayment;
(C)  coinsurance;
(D)  a waiting period;
(E)  an annual or lifetime maximum limit;
(F)  a frequency limitation; or
(G)  an alternative benefit payment.
(3)  "Medical or vision care product or service" means a product or service provided within the scope of the practice of optometry or therapeutic optometry under Chapter 351, Occupations Code.
(a-1)  For the purposes of this section, a product or service reimbursed to an optometrist or therapeutic optometrist at a nominal or de minimis rate is not a covered product or service.
(a-2)  For the purposes of this section, a product or service reimbursed to an optometrist or therapeutic optometrist solely by the enrollee is not a covered product or service.
(b)  A contract between a managed care plan and an optometrist or therapeutic optometrist may not limit the fee the optometrist or therapeutic optometrist may charge for a product or service that is not a covered product or service.
(c)  A contract between a managed care plan and an optometrist or therapeutic optometrist may not require a discount on a product or service that is not a covered product or service.
(d)  A contract between a managed care plan and an optometrist or therapeutic optometrist may not contain a provision authorizing a chargeback to the patient, optometrist, or therapeutic optometrist if the chargeback is for a covered product or service that the managed care plan does not incur the cost to produce, deliver, or provide to the patient, optometrist, or therapeutic optometrist.
(e)  A contract between a managed care plan and an optometrist or therapeutic optometrist may not contain a provision authorizing a reimbursement fee schedule for a covered product or service that is different from the fee schedule applicable to another optometrist or therapeutic optometrist because of the optometrist's or therapeutic optometrist's choice of:
(1)  optical laboratory;
(2)  source or supplier of:
(A)  contact lenses;
(B)  ophthalmic lenses;
(C)  ophthalmic glasses frames; or
(D)  covered or uncovered products or services;
(3)  equipment used for patient care;
(4)  retail optical affiliation;
(5)  vision support organization;
(6)  group purchasing organization;
(7)  doctor alliance;
(8)  professional trade association membership;
(9)  affiliation with an arrangement defined as a franchise by 16 C.F.R. Part 436;
(10)  electronic health record software, electronic medical record software, or practice management software; or
(11)  third-party claim-filing service, billing service, or electronic data interchange clearinghouse company.
(f)  A managed care plan may not change a contract between a managed care plan and an optometrist or therapeutic optometrist, including terms, reimbursements, or fee schedules, unless the managed care plan provides written notice of the change to the optometrist or therapeutic optometrist at least 90 days before the date the proposed change takes effect.
(g)  A contract between a managed care plan and an optometrist or therapeutic optometrist may not contain a provision requiring the optometrist or therapeutic optometrist to provide a covered product at a loss.
(h)  A contract between a managed care plan and an optometrist or therapeutic optometrist may not contain a provision requiring the optometrist or therapeutic optometrist to accept a reimbursement payment in the form of a virtual credit card or any other payment method where a processing fee, administrative fee, percentage amount, or dollar amount is assessed to receive the reimbursement payment, except in the case of a nominal fee assessed by the optometrist's or therapeutic optometrist's bank to receive an electronic funds transfer.
Added by Acts 2013, 83rd Leg., R.S., Ch. 755 (S.B. 632), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 898 (H.B. 1696), Sec. 6, eff. September 1, 2023.