Reimbursement Under Medicaid-Based Fee Schedule
(a) An insurance company, health maintenance organization, or preferred provider organization that contracts with a health care provider to provide services in connection with Chapter 533, Government Code, or Chapter 62, Health and Safety Code, may not require the health care provider to provide access to or transfer the provider’s name and contracted discounted fee for use with health benefit plans issued to individuals and groups under Chapter 1271 or 1301.
(b) An insurance company, health maintenance organization, or preferred provider organization may provide access to or transfer a provider’s name and discounted fee described by Subsection (a) only if:
(1) the insurance company, health maintenance organization, or preferred provider organization provides written notice to the provider that is printed in conspicuous boldface type near a separate signature line and includes a statement substantially similar to the following: “By signing on this line, you may be agreeing to apply this company’s Medicaid or CHIP fee schedule to services you provide to commercial insurance or HMO enrollees.”; and
(2) the provider authorizes the access or transfer and agrees to accept the contracted discounted fee by signing the notice described in Subdivision (1).