Sec. 1467.055. CONDUCT OF MEDIATION; CONFIDENTIALITY. (a) A mediator may not impose the mediator's judgment on a party about an issue that is a subject of the mediation.
(b) A mediation session is under the control of the mediator.
(c) Except as provided by this chapter, the mediator must hold in strict confidence all information provided to the mediator by a party and all communications of the mediator with a party.
(c-1) Information submitted by the parties to the mediator is confidential and not subject to disclosure under Chapter 552, Government Code.
(d) Repealed by Acts 2019, 86th Leg., R.S., Ch. 1342 (S.B. 1264), Sec. 3.03(7), eff. September 1, 2019.
(e) A party must have an opportunity during the mediation to speak and state the party's position.
(f) Except on the agreement of the participating parties, a mediation may not last more than four hours.
(g) A mediation shall be held not later than the 180th day after the date of the request for mediation.
(h) Repealed by Acts 2019, 86th Leg., R.S., Ch. 1342 (S.B. 1264), Sec. 3.03(7), eff. September 1, 2019.
(i) A health care or medical service or supply provided by an out-of-network provider may not be summarily disallowed. This subsection does not require a health benefit plan issuer or administrator to pay for an uncovered service or supply.
(j) A mediator may not testify in a proceeding, other than a proceeding to enforce this chapter, related to the mediation agreement.
(k) On agreement of all parties, any deadline under this subchapter may be extended.
Added by Acts 2009, 81st Leg., R.S., Ch. 1290 (H.B. 2256), Sec. 1, eff. June 19, 2009.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 100 (S.B. 507), Sec. 10, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1342 (S.B. 1264), Sec. 2.11, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1342 (S.B. 1264), Sec. 3.03(7), eff. September 1, 2019.
Structure Texas Statutes
Title 8 - Health Insurance and Other Health Coverages
Subtitle F - Physicians and Health Care Providers
Chapter 1467 - Out-of-Network Claim Dispute Resolution
Subchapter B. Mandatory Mediation for Out-of-Network Facilities
Section 1467.050. Applicability of Subchapter
Section 1467.0505. Establishment and Administration of Mediation Program
Section 1467.051. Availability of Mandatory Mediation
Section 1467.052. Mediator Qualifications
Section 1467.053. Appointment of Mediator; Fees
Section 1467.054. Request and Preliminary Procedures for Mandatory Mediation
Section 1467.055. Conduct of Mediation; Confidentiality
Section 1467.056. Matters Considered in Mediation; Agreed Resolution