Texas 2023 - 88th Regular

Texas House Bill HB711

Filed
11/15/22  
Out of House Committee
4/4/23  
Voted on by House
4/25/23  
Out of Senate Committee
5/11/23  
Voted on by Senate
5/21/23  
Governor Action
6/12/23  

Caption

Relating to certain contract provisions and conduct affecting health care provider networks.

Impact

If enacted, HB 711 will significantly reshape contract practices in the Texas healthcare sector by rendering certain contractual provisions void and unenforceable. This legislative change aims to promote fairer competition and ensure that patients are not being restricted from selecting lower-cost, high-quality care providers due to restrictive contractual agreements. As a result, the bill seeks to empower consumers and potentially lead to a decrease in overall healthcare expenditure for Texas residents, who currently face high costs in relation to healthcare services provided in the state.

Summary

House Bill 711 is designed to amend existing provisions in the Texas Insurance Code relating to health care provider networks. The focus of the bill is on enhancing transparency and competitiveness within the healthcare market by prohibiting specific contract clauses that are deemed anti-competitive. These include anti-steering clauses, anti-tiering clauses, gag clauses, and most favored nation clauses, which together restrict providers and general contracting entities (like insurance companies) from sharing pricing and quality information, or steering patients towards cost-effective healthcare options. The goal is to lower healthcare costs for consumers by enabling better access to information and enhancing competition among providers.

Sentiment

The sentiment around HB 711 is largely supportive among proponents who argue that this bill will foster a more competitive healthcare environment in Texas. Supporters include various advocacy organizations and health policy experts who emphasize that the bill is a crucial step toward dismantling current barriers that inflate healthcare costs. However, opponents, including some healthcare organizations and insurance representatives, warn of potential negative consequences for provider reimbursements and patient access, expressing concerns that the bill may inadvertently lead to unintended consequences within the healthcare system.

Contention

Discussion surrounding the bill highlighted key points of contention, particularly regarding the balance between encouraging competition and ensuring health providers can remain financially viable. Critics voiced concerns about the implications for reimbursement rates, suggesting that limiting certain contractual practices might lead to fewer providers willing to participate in networks, ultimately reducing patient choice. The debate reflects ongoing tensions in the healthcare sector between consumer protection, market dynamics, and the financial stability of healthcare institutions.

Texas Constitutional Statutes Affected

Insurance Code

  • Chapter 1458. Provider Network Contract Arrangements
    • Section: 001
    • Section: 101
    • Section: 001
    • Section: 101
    • Section: 001
    • Section: 101
    • Section: 001
    • Section: 101

Companion Bills

No companion bills found.

Similar Bills

CA AB954

Dental services: third-party network access.

DC B25-0265

Contract No. GAGA-2022-C-0259 with SodexoMagic, LLC Approval and Payment Authorization Emergency Act of 2023

TX SB543

Relating to oversight of and requirements applicable to state contracts and other state financial and accounting issues; authorizing fees.

TX HB1426

Relating to certain requirements applicable to contracts entered into by, and the contract management process of, state agencies.

CA SB681

Public employees’ retirement: contracting agencies: termination.

CA AB848

Public contracts: University of California: California State University: domestic workers.

MI SB0281

Insurance: health insurers; granting third party access to a dental network contract; allow. Amends 1956 PA 218 (MCL 500.100 - 500.8302) by adding sec. 3406aa.

CA AB2557

Local agencies: contracts for special services and temporary help: performance reports.