Sec. 166.159. DISCRIMINATION RELATING TO EXECUTION OF MEDICAL POWER OF ATTORNEY  


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  • A health or residential care provider, health care service plan, insurer issuing disability insurance, self-insured employee benefit plan, or nonprofit hospital service plan may not:

    (1) charge a person a different rate solely because the person has executed a medical power of attorney;

    (2) require a person to execute a medical power of attorney before:

    (A) admitting the person to a hospital, nursing home, or residential care home;

    (B) insuring the person; or

    (C) allowing the person to receive health or residential care; or

    (3) refuse health or residential care to a person solely because the person has executed a medical power of attorney.

Added by Acts 1991, 72nd Leg., ch. 16, Sec. 3.02(a), eff. Aug. 26, 1991. Renumbered from Civil Practice & Remedies Code Sec. 135.009 and amended by Acts 1999, 76th Leg., ch. 450, Sec. 1.05, eff. Sept. 1, 1999.