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.

Companion Bills

No companion bills found.

Previously Filed As

TX SB1644

Creates provisions relating to conduct affecting health care provider networks

TX HB3088

Creates provisions relating to conduct affecting health care provider networks

TX LD1713

An Act to Prohibit Certain Provisions in Health Care Provider Contracts with Insurance Carriers

TX SF5103

Contractual provisions prohibition between hospitals and health plan companies

TX S07919

Allows dental provider networks, certain health and hospital service corporations, and health care plans to enter into a third-party network contract to provide access to care services and discounted rates of a provider under a provider network contract.

TX HB3259

Health insurance; providers; general contracting entities; contracts; primary beneficiary; enrollee; effective date.

TX HB1589

Concerning the relationships between health carriers and contracting providers.

TX HB4992

Relating to the inclusion of an exclusive dealing or tying clause in a health care provider network contract.

TX SB600

To Regulate Contracts; To Mandate Contractual Provisions For Certain Contracts; And To Clarify Proper Jurisdiction For Certain Contacts.

TX SB1626

Health insurance; prohibiting contract provisions; establishing violations; creating waiver; allowing subpoena; allowing administrative penalty; allowing denial of sale; prohibiting limitations of network. Effective date.

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