Texas Insurance Code 1579.112 – Out-of-Network Emergency Medical Services Provider Payments
(a) In this section, “emergency medical services provider” has the meaning assigned by § 773.003, Health and Safety Code, except that the term does not include an air ambulance.
(b) Except as provided by Subsection (c), the administrator of a managed care plan provided under this chapter shall pay for a covered health care or medical service performed for, or a covered supply or covered transport related to that service provided to, an enrollee by an out-of-network provider who is an emergency medical services provider at:
(1) if the political subdivision has submitted the rate to the department under § 38.006, the rate set, controlled, or regulated by the political subdivision in which:
(A) the service originated; or
(B) the transport originated if transport is provided; or
(2) if the political subdivision has not submitted the rate to the department, the lesser of:
(A) the provider’s billed charge; or
(B) 325 percent of the current Medicare rate, including any applicable extenders and modifiers.
Terms Used In Texas Insurance Code 1579.112
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Year: means 12 consecutive months. See Texas Government Code 311.005
(c) The administrator shall adjust a payment required by Subsection (b)(1) each plan year by increasing the payment by the lesser of the Medicare Inflation Index or 10 percent of the provider’s previous calendar year rates.
(d) The administrator shall make a payment required by this section directly to the provider not later than, as applicable:
(1) the 30th day after the date the administrator receives an electronic claim for those services that includes all information necessary for the administrator to pay the claim; or
(2) the 45th day after the date the administrator receives a nonelectronic claim for those services that includes all information necessary for the administrator to pay the claim.
(e) An out-of-network provider who is an emergency medical services provider or a person asserting a claim as an agent or assignee of the provider may not bill an enrollee receiving a health care or medical service or supply or transport described by Subsection (b) in, and the enrollee does not have financial responsibility for, an amount greater than an applicable copayment, coinsurance, and deductible under the enrollee’s managed care plan that is based on:
(1) the amount initially determined payable by the administrator; or
(2) if applicable, a modified amount as determined under the administrator’s internal appeal process.
(f) This section expires September 1, 2025.
For expiration of this section, see Subsection (f).
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