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Texas Statutes (Last Updated: January 4, 2014) |
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INSURANCE CODE |
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Title 8. HEALTH INSURANCE AND OTHER HEALTH COVERAGES |
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Subtitle F. PHYSICIANS AND HEALTH CARE PROVIDERS |
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Chapter 1467. OUT-OF-NETWORK CLAIM DISPUTE RESOLUTION |
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Subchapter B. MANDATORY MEDIATION |
Sec. 1467.057. NO AGREED RESOLUTION
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(a) The mediator of an unsuccessful mediation under this chapter shall report the outcome of the mediation to the department, the Texas Medical Board, and the chief administrative law judge.
(b) The chief administrative law judge shall enter an order of referral of a matter reported under Subsection (a) to a special judge under Chapter 151, Civil Practice and Remedies Code, that:
(1) names the special judge on whom the parties agreed or appoints the special judge if the parties did not agree on a judge;
(2) states the issues to be referred and the time and place on which the parties agree for the trial;
(3) requires each party to pay the party's proportionate share of the special judge's fee; and
(4) certifies that the parties have waived the right to trial by jury.
(c) A trial by the special judge selected or appointed as described by Subsection (b) must proceed under Chapter 151, Civil Practice and Remedies Code, except that the special judge's verdict is not relevant or material to any other balance bill dispute and has no precedential value.
(d) Notwithstanding any other provision of this section, Section 151.012, Civil Practice and Remedies Code, does not apply to a mediation under this chapter.