COORDINATION OF BENEFITS BETWEEN PRIMARY AND SECONDARY PLAN ISSUERS.
Tex. INS Code § 1203.104.
in effect(a) This section applies if:
(1) an enrollee is covered by at least two different health benefit plans or vision benefit plans; and
(2) each plan provides the enrollee coverage for the same vision or medical eye care services, procedures, or products.
(b) The issuer of the primary health benefit plan or vision benefit plan, as determined under a coordination of benefits provision applicable to the plan, is responsible for eye care expenses covered under the plan up to the full amount of any plan coverage limit applicable to the covered eye care expenses.
(c) Before the plan coverage limit described by Subsection (b) is reached, the issuer of a secondary health benefit plan or vision benefit plan, as determined under a coordination of benefits provision applicable to the plan, is responsible only for eye care expenses covered under the plan that are not covered under the health benefit plan or vision benefit plan issued by the primary plan issuer.
(d) After the plan coverage limit described by Subsection (b) has been reached, the secondary plan issuer, in addition to the responsibilities described by Subsection (c), is responsible for any eye care expenses covered by both plans that exceed the plan coverage limit described by Subsection (b) up to the coverage limit of the secondary plan.
(e) When an enrollee is covered by more than one health benefit plan or vision benefit plan that provides benefits for eye care expenses, the enrollee may use each plan on the same date of service up to the coverage limit of each plan.
(f) A vision benefit plan issuer shall coordinate benefits with a health benefit plan issuer if both provide benefits for eye care expenses.
(g) A vision benefit plan issuer may not require a claim denial before adjudicating a claim up to the coverage limit of the plan.
(h) Nothing in this section prevents a secondary plan issuer from requiring proof that a related claim has been submitted to a primary plan issuer for purposes of determining the remaining balance up to the secondary plan's coverage limits.
(i) If a secondary plan issuer requires proof that a related claim has been submitted to a primary plan issuer as described by Subsection (h), the mechanism of providing proof must be through an online submission.
Added by Acts 2023, 88th Leg., R.S., Ch. 15 (S.B. 861 ), Sec. 1, eff. September 1, 2023.