Sec. 1271.055. OUT-OF-NETWORK SERVICES  


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  • (a) An evidence of coverage must contain a provision regarding non-network physicians and providers in accordance with the requirements of this section.

    (b) If medically necessary covered services are not available through network physicians or providers, the health maintenance organization, on the request of a network physician or provider and within a reasonable period, shall:

    (1) allow referral to a non-network physician or provider; and

    (2) fully reimburse the non-network physician or provider at the usual and customary rate or at an agreed rate.

    (c) Before denying a request for a referral to a non-network physician or provider, a health maintenance organization must provide for a review conducted by a specialist of the same or similar type of specialty as the physician or provider to whom the referral is requested.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 3, eff. April 1, 2005.