Sec. 1467.056. MATTERS CONSIDERED IN MEDIATION; AGREED RESOLUTION. (a) In a mediation under this subchapter, the parties shall evaluate whether:
(1) the amount charged by the out-of-network provider for the health care or medical service or supply is excessive; and
(2) the amount paid by the health benefit plan issuer or administrator represents the usual and customary rate for the health care or medical service or supply or is unreasonably low.
(b) The out-of-network provider may present information regarding the amount charged for the health care or medical service or supply. The health benefit plan issuer or administrator may present information regarding the amount paid by the issuer or administrator.
(c) Nothing in this chapter prohibits mediation of more than one claim between the parties during a mediation.
(d) The goal of the mediation is to reach an agreement between the out-of-network provider and the health benefit plan issuer or administrator, as applicable, as to the amount paid by the issuer or administrator to the out-of-network provider and the amount charged by the out-of-network provider.
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. 11, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1342 (S.B. 1264), Sec. 2.12, 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