Section 11.902 - Prohibited ActionsAn HMO may not:
(1) require a physician to use a hospitalist for a hospitalized patient by contract under Insurance Code § 843.320 (concerning Use of Hospitalist);(2) refuse to contract with a nurse first assistant to be part of a provider network or refuse to reimburse a nurse first assistant under Insurance Code § 843.3045 (concerning Nurse First Assistant);(3) require a physician to use the services of a nurse first assistant as defined by Occupations Code § 301.354 (concerning Nurse First Assistants; Assisting at Surgery by Other Nurses);(4) refuse to contract with a podiatrist licensed by the Texas State Board of Podiatric Medical Examiners who joins the professional practice of a contracted physician or provider under Insurance Code § 843.319 (concerning Certain Required Contracts);(5) refuse a request to identify a physician assistant or advanced practice registered nurse as a provider in the HMO's network under Insurance Code § 843.312 (concerning Physician Assistants and Advanced Practice Nurses);(6) employ an optometrist or therapeutic optometrist to provide a vision care product or service, pay an optometrist or therapeutic optometrist for a service not provided, or restrict or limit an optometrist's or therapeutic optometrist's choice of sources or suppliers of services or materials under Insurance Code § 1451.156 (concerning Prohibited Conduct); or(7) contract with a dentist to limit the fee the dentist may charge for a service that is not a covered service under Insurance Code § 843.3115.28 Tex. Admin. Code § 11.902
The provisions of this §11.902 adopted to be effective February 24, 2005, 30 TexReg 854; amended to be effective November 15, 2006, 31 TexReg 9298; Adopted by Texas Register, Volume 42, Number 16, April 21, 2017, TexReg 2246, eff. 8/1/2017