By: Pierson H.B. No. 4992
A BILL TO BE ENTITLED
AN ACT
relating to the inclusion of an exclusive dealing or tying clause in
a health care provider network contract.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1458.001, Insurance Code, is amended by
adding Subdivisions (3-a) and (9) to read as follows:
(3-a) "Exclusive dealing clause" means a provision in
a provider network contract that implicitly or explicitly restricts
or places conditions on the ability of a general contracting entity
to freely contract with another provider for any period.
(9) "Tying clause" means a provision in a provider
network contract that requires the contract to include one or more
specified members of a provider group, including medical practice
groups and facilities, in:
(A) the general contracting entity's network of
participating providers;
(B) the same network; or
(C) each product offered by the general
contracting entity.
SECTION 2. Sections 1458.101(g) and (h), Insurance Code,
are amended to read as follows:
(g) A provider may not:
(1) offer to a general contracting entity a written
provider network contract that includes an anti-steering,
anti-tiering, exclusive dealing, gag, [or] most favored nation, or
tying clause;
(2) enter into a provider network contract that
includes an anti-steering, anti-tiering, exclusive dealing, gag,
[or] most favored nation, or tying clause; or
(3) amend or renew an existing provider network
contract previously entered into with a general contracting entity
so that the contract as amended or renewed adds or retains an
anti-steering, anti-tiering, exclusive dealing, gag, [or] most
favored nation, or tying clause.
(h) Any provision in a provider network contract that is an
anti-steering, anti-tiering, exclusive dealing, gag, [or] most
favored nation, or tying clause is void and unenforceable. The
remaining provisions in the provider network contract remain in
effect and are enforceable.
SECTION 3. The changes in law made by this Act apply only to
a contract entered into or renewed on or after the effective date of
this Act. A contract entered into or renewed before the effective
date of this Act is governed by the law as it existed immediately
before the effective date of this Act, and that law is continued in
effect for that purpose.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.