If passed this legislative session, Texas HB 711 will forever change manage care contracts. Can you hear the BUCA posse thundering towards the upcoming sub-committee hearing…….?
| g) A provider may not: | |
| (1) offer to a general contracting entity a provider | |
| network contract that includes an all-or-nothing, anti-steering, | |
| anti-tiering, gag, or most favored nation clause; | |
| (2) enter into a provider network contract that | |
| includes an all-or-nothing, anti-steering, anti-tiering, gag, or | |
| most favored nation 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 | |
| all-or-nothing, anti-steering, anti-tiering, gag, or most favored | |
| nation clause. | |
| (h) Any provision in a provider network contract that is an | |
| all-or-nothing, anti-steering, anti-tiering, gag, or most favored | |
| nation clause is void and unenforceable. The remaining provisions | |
| in the provider network contract remain in effect and are | |
| enforceable. | |
| (i) A general contracting entity that encourages an | |
| enrollee to obtain a health care service from a particular | |
| provider, including offering incentives to encourage enrollees to | |
| use specific providers, or that introduces or modifies a tiered | |
| network plan or assigns providers into tiers has a fiduciary duty to | |
| the enrollee to engage in that conduct only for the primary benefit | |
| of the enrollee. |
88(R) HB 711 – Introduced version – Bill Text (texas.gov)
