Bill Text: TX HB3211 | 2025-2026 | 89th Legislature | Enrolled
Bill Title: Relating to vision care benefits, including participation of optometrists and therapeutic optometrists in vision care or managed care plans.
Sponsorship: Slight Partisan Bill (Republican 24-11)
Status: (Passed) 2025-06-20 - Effective immediately [HB3211 Detail]
Download: Texas-2025-HB3211-Enrolled.html
| H.B. No. 3211 | ||
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| relating to vision care benefits, including participation of | ||
| optometrists and therapeutic optometrists in vision care or managed | ||
| care plans. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter D, Chapter 1451, Insurance Code, is | ||
| amended by adding Section 1451.1545 to read as follows: | ||
| Sec. 1451.1545. PARTICIPATION IN VISION CARE PLAN; EFFECT | ||
| ON OTHER PLANS. (a) In this section, "vision care plan" has the | ||
| meaning assigned by Section 1451.157(a). | ||
| (b) A vision care plan issuer must include on the issuer's | ||
| Internet website a method for a licensed optometrist or therapeutic | ||
| optometrist to submit an application for inclusion as a | ||
| participating provider in the plan. The application: | ||
| (1) may only require an applicant to provide: | ||
| (A) standardized information prescribed by rules | ||
| adopted under Section 1452.052 that is applicable to an optometrist | ||
| or therapeutic optometrist; or | ||
| (B) information specified on the Council for | ||
| Affordable Quality Healthcare credentialing application; and | ||
| (2) must impose the same application requirements on | ||
| each optometrist and therapeutic optometrist. | ||
| (c) A vision care plan issuer shall: | ||
| (1) not later than the 10th business day after the date | ||
| the issuer receives an application described by Subsection (b) that | ||
| meets the plan's application requirements, make available | ||
| electronically to the applicant a participating provider contract, | ||
| including applicable reimbursement fee schedules, provider | ||
| handbooks, and provider manuals; | ||
| (2) not later than the 30th business day after the date | ||
| the issuer receives an application described by Subsection (b), | ||
| complete the credentialing determination and: | ||
| (A) approve the application and deliver to the | ||
| applicant a contract described by Subdivision (1) for acceptance | ||
| and signature by the approved applicant; or | ||
| (B) deny the application and, not later than the | ||
| 10th business day after the date of the denial, deliver to the | ||
| applicant a written explanation of the issuer's decision; and | ||
| (3) not later than the 20th business day after the date | ||
| an approved applicant is credentialed and accepts the contract | ||
| delivered under Subdivision (2)(A), include the credentialed and | ||
| approved applicant as a participating provider in the plan. | ||
| (d) A vision care plan issuer: | ||
| (1) may only consider information included in an | ||
| optometrist's or therapeutic optometrist's credentialing | ||
| application in making a credentialing determination; and | ||
| (2) shall impose the same credentialing requirements | ||
| on each applicant optometrist or therapeutic optometrist. | ||
| (e) A vision care plan issuer must allow an optometrist or | ||
| therapeutic optometrist to be a participating provider to the full | ||
| extent of the optometrist's or therapeutic optometrist's license on | ||
| all of the issuer's: | ||
| (1) vision care plans that have enrollees located in | ||
| this state; and | ||
| (2) vision panels, as defined by Section 1451.154. | ||
| (f) Subsection (e) may not be construed to require a vision | ||
| plan issuer to cover a particular covered product or service as | ||
| defined by Section 1451.155. | ||
| (g) A vision care plan issuer may not exclude an optometrist | ||
| or a therapeutic optometrist as a participating provider in the | ||
| plan because of: | ||
| (1) the aggregate number of optometrists or | ||
| therapeutic optometrists on a vision panel as defined by Section | ||
| 1451.154, including the aggregate number of optometrists or | ||
| therapeutic optometrists on a vision panel in a geographic service | ||
| area; or | ||
| (2) the time, distance, and appointment availability | ||
| for a patient to access a participating practitioner. | ||
| SECTION 2. Section 1451.155, Insurance Code, is amended by | ||
| adding Subsection (i) to read as follows: | ||
| (i) A contract between a managed care plan and an | ||
| optometrist or therapeutic optometrist must: | ||
| (1) include electronic access to a fee schedule that | ||
| includes and individually identifies each medical or vision care | ||
| product or service covered under the plan; and | ||
| (2) use the standardized codes, names, and definitions | ||
| described by Section 1451.153 to describe all reimbursable medical | ||
| or vision care products or services covered under the plan. | ||
| SECTION 3. Section 1451.157, Insurance Code, is amended to | ||
| read as follows: | ||
| Sec. 1451.157. VISION PLAN CONDUCT [ |
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| (1) "Extrapolation" means a mathematical process or | ||
| technique used by a vision care plan in the audit of an optometrist | ||
| or therapeutic optometrist to estimate audit results or findings | ||
| for a larger batch or group of claims not reviewed by the plan. | ||
| (2) "Vision care plan" means a limited-scope policy, | ||
| agreement, contract, or evidence of coverage that provides coverage | ||
| for eye care expenses but does not provide comprehensive medical | ||
| coverage. | ||
| (b) A vision care plan shall [ |
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| (1) use extrapolation to complete an audit of a | ||
| participating optometrist or therapeutic optometrist. Any | ||
| additional payment due to a participating optometrist or | ||
| therapeutic optometrist or any refund due to the vision care plan | ||
| must be based on the actual overpayment or underpayment and may not | ||
| be based on an extrapolation; or | ||
| (2) exclude an optometrist or a therapeutic | ||
| optometrist as a participating practitioner in the plan if the | ||
| optometrist or therapeutic optometrist satisfies the vision plan's | ||
| credentialing requirements and agrees to the vision plan's | ||
| contractual terms. | ||
| (c) A vision care plan shall describe all medical or vision | ||
| care products or services covered under the plan using only the | ||
| standardized codes, names, and definitions published in the | ||
| Healthcare Common Procedure Coding System, including: | ||
| (1) Level I codes published by the American Medical | ||
| Association; and | ||
| (2) Level II codes published by the Centers for | ||
| Medicare and Medicaid Services. | ||
| SECTION 4. Subchapter D, Chapter 1451, Insurance Code, as | ||
| amended by this Act, applies only to a contract between a vision | ||
| care plan issuer and an optometrist or therapeutic optometrist | ||
| entered into or renewed on or after the effective date of this Act. | ||
| SECTION 5. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2025. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 3211 was passed by the House on May 2, | ||
| 2025, by the following vote: Yeas 135, Nays 0, 1 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 3211 was passed by the Senate on May | ||
| 20, 2025, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
