1. (a) If a facility-based physician bills a patient who is covered by a health benefit plan described in Section 1456.002 that does not have a contract with the facility-based physician, the facility-based physician shall send a billing statement that:

   1. (1) contains an itemized listing of the services and supplies provided along with the dates the services and supplies were provided;

   2. (2) contains a conspicuous, plain-language explanation that:

      1. (A) the facility-based physician is not within the health plan provider network; and
      2. (B) the health benefit plan has paid a rate, as determined by the health benefit plan, which is below the facility-based physician billed amount;
   3. (3) contains a telephone number to call to discuss the statement, provide an explanation of any acronyms, abbreviations, and numbers used on the statement, or discuss any payment issues;
   4. (4) contains a statement that the patient may call to discuss alternative payment arrangements;
   5. (5) contains a notice that the patient may file complaints with the Texas Medical Board and includes the Texas Medical Board mailing address and complaint telephone number; and
   6. (6) for billing statements that total an amount greater than $200, over any applicable copayments or deductibles, states, in plain language, that if the patient finalizes a payment plan agreement within 45 days of receiving the first billing statement and substantially complies with the agreement, the facility-based physician may not furnish adverse information to a consumer reporting agency regarding an amount owed by the patient for the receipt of medical treatment.
2. (b) A patient may be considered by the facility-based physician to be out of substantial compliance with the payment plan agreement if payments are not made in compliance with the agreement for a period of 90 days.

Added by Acts 2007, 80th Leg., R.S., Ch. 997 (S.B. 1731), Sec. 11, eff. September 1, 2007.