Sec. 843.306. TERMINATION OF PARTICIPATION; ADVISORY REVIEW PANEL. (a) Before terminating a contract with a physician or provider, a health maintenance organization shall provide to the physician or provider a written explanation of the reasons for termination.
(b) On request, before the effective date of the termination and within a period not to exceed 60 days, a physician or provider is entitled to a review by an advisory review panel of the health maintenance organization's proposed termination, except in a case involving:
(1) imminent harm to patient health;
(2) an action by a state medical or dental board, another medical or dental licensing board, or another licensing board or government agency that effectively impairs the physician's or provider's ability to practice medicine, dentistry, or another profession; or
(3) fraud or malfeasance.
(c) An advisory review panel must:
(1) be composed of physicians and providers who are appointed to serve on the standing quality assurance committee or utilization review committee of the health maintenance organization; and
(2) include, if available, at least one representative of the physician's or provider's specialty or a similar specialty.
(d) The health maintenance organization must consider, but is not bound by, the recommendation of the advisory review panel.
(e) The health maintenance organization on request shall provide to the affected physician or provider a copy of the recommendation of the advisory review panel and the health maintenance organization's determination.
(f) A health maintenance organization may not terminate participation of a physician or provider solely because the physician or provider informs an enrollee of the full range of physicians and providers available to the enrollee, including out-of-network providers.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 275 (H.B. 574), Sec. 2, eff. September 1, 2015.
Structure Texas Statutes
Title 6 - Organization of Insurers and Related Entities
Subtitle C - Life, Health, and Accident Insurers and Related Entities
Chapter 843 - Health Maintenance Organizations
Subchapter I. Relations With Physicians and Providers
Section 843.301. Practice of Medicine Not Affected
Section 843.303. Denial of Initial Contract to Physician or Provider
Section 843.304. Exclusion of Provider Based on Type of License Prohibited
Section 843.3041. Acupuncturist Services
Section 843.3042. Chiropractic Services
Section 843.3045. Nurse First Assistant
Section 843.305. Annual Application Period for Physicians and Providers to Contract
Section 843.306. Termination of Participation; Advisory Review Panel
Section 843.307. Expedited Review Process on Termination or Deselection
Section 843.308. Notification of Patients of Deselected Physician or Provider
Section 843.310. Contracts With Physicians or Providers: Certain Indemnity Clauses Prohibited
Section 843.311. Contracts With Podiatrists
Section 843.3115. Contracts With Dentists
Section 843.312. Physician Assistants and Advanced Practice Nurses
Section 843.313. Economic Profiling
Section 843.314. Inducement to Limit Medically Necessary Services Prohibited
Section 843.315. Payment of Capitation; Assignment of Primary Care Physician or Provider
Section 843.316. Alternative Capitation System
Section 843.318. Certain Contracts of Participating Physician or Provider Not Prohibited
Section 843.319. Certain Required Contracts
Section 843.320. Use of Hospitalist
Section 843.321. Availability of Coding Guidelines
Section 843.323. Contract Provisions Prohibiting Rejection of Batched Claims