Important AG Opinion Requested. Re: Self-funded RBP Plans

The Texas Attorney General has been asked to determine whether the Texas Business & Commerce Code prohibits a consumer reporting agency from reporting certain information if a member is covered through a self-funded reference-based-pricing health & welfare plan.

The Texas Hospital Association and Governor’s office asked for input towards formulating AG Opinion.

The following request (RQ) have been received by the Opinion Committee, and are currently pending. If you wish to view the request letter in its entirety, go here, and select the desired request letter from the index, or click on the RQ number below.

The Opinion Committee encourages interested parties to submit legal briefs. We ask that a requestor submit a brief with the requestor’s opinion request. We encourage anyone else who is interested in a pending opinion request to submit a brief within 20 days of the date we receive the opinion request. Please review the information on the How To Request An Attorney General Opinion page for details about the briefing process.

RQ-0385-KP
Received: Tuesday, October 20, 2020
Re: Whether subsection 20.05(a)(5) of the Business and Commerce Code prohibits a consumer reporting agency from reporting certain information if the consumer is covered by a self-funded plan with a reference base pricing program
Requestor: The Honorable Tamara L. Cochran-May
San Patricio County Attorney
400 West Sinton, Room 108
Sinton, Texas 78387