INSURANCE CODE

TITLE 5. PROTECTION OF CONSUMER INTERESTS

SUBTITLE C. DECEPTIVE, UNFAIR, AND PROHIBITED PRACTICES

CHAPTER 552. ILLEGAL PRICING PRACTICES

Sec. 552.001.  APPLICABILITY OF CHAPTER.  (a)  This chapter does not apply to the provision of a health care service to a:
(1)  Medicaid or Medicare patient or a patient who is covered by a federal, state, or local government-sponsored indigent health care program;
(2)  financially or medically indigent person who qualifies for indigent health care services based on:
(A)  a sliding fee scale; or
(B)  a written charity care policy established by a health care provider; or
(3)  person who is not covered by a health insurance policy or other health benefit plan that provides benefits for the services and qualifies for services for the uninsured based on a written policy established by a health care provider.
(b)  This chapter does not permit the establishment of health care provider policies or contracts that violate any other state or federal law.
(c)  This chapter does not prohibit a health care provider from entering into a contract to provide services covered by a health insurance policy or other health benefit plan with:
(1)  the issuer of the health insurance policy or other health benefit plan; or
(2)  a preferred provider organization that contracts with the issuer of the health insurance policy or other health benefit plan.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.
Amended by: 
Acts 2005, 79th Leg., Ch. 724 (S.B. 500), Sec. 1, eff. June 17, 2005.

Sec. 552.002.  FRAUDULENT INSURANCE ACT.  An offense under Section 552.003 is a fraudulent insurance act under Chapter 701.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.

Sec. 552.003.  CHARGING DIFFERENT PRICES;  OFFENSE.  (a)  A person commits an offense if:
(1)  the person knowingly or intentionally charges two different prices for providing the same product or service;  and
(2)  the higher price charged is based on the fact that an insurer will pay all or part of the price of the product or service.
(b)  An offense under this section is a Class B misdemeanor.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.