HB4992 - Relating to the inclusion of an exclusive dealing or tying clause in a health care provider network contract.

      By: Pierson H.B. No. 4992       A BILL TO BE ENTITLED   AN ACT   relating to the inclusion of an exclusive dealing or tying clause in   a health care provider network contract.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 1458.001, Insurance Code, is amended by   adding Subdivisions (3-a) and (9) to read as follows:                 (3-a)     "Exclusive dealing clause" means a provision in   a provider network contract that implicitly or explicitly restricts   or places conditions on the ability of a general contracting entity   to freely contract with another provider for any period.                 (9)     "Tying clause" means a provision in a provider   network contract that requires the contract to include one or more   specified members of a provider group, including medical practice   groups and facilities, in:                       (A)     the general contracting entity's network of   participating providers;                       (B)  the same network; or                       (C)     each product offered by the general   contracting entity.          SECTION 2.  Sections 1458.101(g) and (h), Insurance Code,   are amended to read as follows:          (g)  A provider may not:                (1)  offer to a general contracting entity a written   provider network contract that includes an anti-steering,   anti-tiering, exclusive dealing, gag, [ or ] most favored nation , or   tying clause;                (2)  enter into a provider network contract that   includes an anti-steering, anti-tiering, exclusive dealing, gag,   [ or ] most favored nation , or tying clause; or                (3)  amend or renew an existing provider network   contract previously entered into with a general contracting entity   so that the contract as amended or renewed adds or retains an   anti-steering, anti-tiering, exclusive dealing, gag, [ or ] most   favored nation , or tying clause.          (h)  Any provision in a provider network contract that is an   anti-steering, anti-tiering, exclusive dealing, gag, [ or ] most   favored nation , or tying clause is void and unenforceable.  The   remaining provisions in the provider network contract remain in   effect and are enforceable.          SECTION 3.  The changes in law made by this Act apply only to   a contract entered into or renewed on or after the effective date of   this Act.  A contract entered into or renewed before the effective   date of this Act is governed by the law as it existed immediately   before the effective date of this Act, and that law is continued in   effect for that purpose.          SECTION 4.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.