Texas Insurance Code § 1301.0058. Protected Communications by Preferred Providers

(a) An insurer may not in any manner prohibit, attempt to prohibit, penalize, terminate, or otherwise restrict a preferred provider from communicating with an insured about the availability of out-of-network providers for the provision of the insured's medical or health care services.

(b) An insurer may not terminate the contract of or otherwise penalize a preferred provider solely because the provider's patients use out-of-network providers for medical or health care services.

(c) An insurer's contract with a preferred provider may require that, except in a case of a medical emergency as determined by the preferred provider, before the provider may make an out-of-network referral for an insured, the preferred provider inform the insured:

(1) that:

(A) the insured may choose a preferred provider or an out-of-network provider;  and

(B) if the insured chooses the out-of-network provider the insured may incur higher out-of-pocket expenses;  and

(2) whether the preferred provider has a financial interest in the out-of-network provider.

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