Availability of Mandatory Arbitration
(a) Not later than the 90th day after the date an out-of-network provider receives the initial payment for a health care or medical service or supply, the out-of-network provider or the health benefit plan issuer or administrator may request arbitration of a settlement of an out-of-network health benefit claim through a portal on the department’s Internet website if:
(1) there is a charge billed by the provider and unpaid by the issuer or administrator after copayments, coinsurance, and deductibles for which an enrollee may not be billed; and
(2) the health benefit claim is for:
(A) emergency care;
(B) a health care or medical service or supply provided by a facility-based provider in a facility that is a participating provider;
(C) an out-of-network laboratory service; or
(D) an out-of-network diagnostic imaging service.
(b) If a person requests arbitration under this subchapter, the out-of-network provider or the provider’s representative, and the health benefit plan issuer or the administrator, as appropriate, shall participate in the arbitration.
(c) The person who requests the arbitration shall provide written notice on the date the arbitration is requested in the form and manner prescribed by commissioner rule to:
(1) the department; and
(2) each other party.
(d) In an effort to settle the claim before arbitration, all parties must participate in an informal settlement teleconference not later than the 30th day after the date on which the arbitration is requested. A health benefit plan issuer or administrator, as applicable, shall make a reasonable effort to arrange the teleconference.
(e) The commissioner shall adopt rules providing requirements for submitting multiple claims to arbitration in one proceeding. The rules must provide that:
(1) the total amount in controversy for multiple claims in one proceeding may not exceed $5,000; and
(2) the multiple claims in one proceeding must be limited to the same out-of-network provider.