A health maintenance organization may provide or arrange care only through specified types of organizations, providers, or contracts, and may not contract in ways barred by state licensing law.
Sec. 843.101. PROVIDING OR ARRANGING FOR CARE. (a) A health maintenance organization may provide or arrange for medical care services only through: (1) other health maintenance organizations; or (2) physicians or groups of physicians who have independent contracts with the health maintenance organizations. (b) A health maintenance organization may provide or arrange for health care services only through: (1) other health maintenance organizations; (2) providers or groups of providers who are: (A) under contract with or are employed by the health maintenance organization; or (B) under contract with an entity that is under contract with the health maintenance organization to provide a network of providers to provide health care services only if the contract between the entity and the health maintenance organization: (i) does not limit the health maintenance organization's authority or responsibility, including financial responsibility, to comply with any regulatory requirement that applies to a function performed by the entity; (ii) requires the entity to comply with all regulatory requirements that apply to a function performed by the entity; and (iii) expressly sets forth the requirements of Subparagraphs (i) and (ii); or (3) additional health maintenance organizations or physicians or providers who have contracted for health care services with: (A) the other health maintenance organizations; (B) physicians with whom the health maintenance organization has contracted; or (C) providers who are under contract with or are employed by the health maintenance organization. (b-1) Except as provided by Subsection (b-2) and notwithstanding any other law, an entity described by Subsection (b)(2)(B) and the health maintenance organization with which the entity contracts are subject to Chapter 1272 as if the entity were a delegated entity unless the entity: (1) is a delegated network or delegated third party as defined by Section 1272.001; or (2) is not a delegated entity as provided by Section 1272.001(a)(1)(A) or (B). (b-2) An entity subject to Chapter 1272 under Subsection (b-1) that does not assume risk and the health maintenance organization with which the entity contracts are not subject to the following provisions: (1) Section 1272.053(1); (2) Section 1272.057(1); (3) Section 1272.061(1)(C); and (4) Subchapter D, Chapter 1272. (c) Notwithstanding Subsections (a) and (b), a health maintenance organization may provide or authorize the following in a manner approved by the commissioner: (1) emergency care; (2) services by referral; and (3) services provided outside the service area. (d) A health maintenance organization may not employ or contract with other health maintenance organizations or physicians or providers in a manner that is prohibited by a law of this state under which those health maintenance organizations or physicians or providers are licensed or otherwise authorized. (e) A health maintenance organization may serve as a workers' compensation health care network, as defined by Section 1305.004, in accordance with Chapter 1305. Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 6.060, eff. September 1, 2005. Acts 2017, 85th Leg., R.S., Ch. 366 (H.B. 3218), Sec. 1, eff. September 1, 2017.