US Laws, Codes, Statutes & Cases

INSURANCE CODE

CHAPTER 552. ILLEGAL PRICING PRACTICES


	§ 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, § 2, eff. April 1, 2005.  
Amended by Acts 2005, 79th Leg., ch. 724, § 1, eff. June 17, 
2005.


	§ 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, § 2, eff. April 1, 2005.          


	§ 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, § 2, eff. April 1, 2005.