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Amend SB 418 on third reading as follows:                                    
	(1)  In SECTION 4 of the bill, strike Subsection (h), Section 
3E, Article 3.70-3C, Insurance Code, as added by second reading 
amendment No. 8 by Smithee, and substitute the following:
	(h)(1) Except as provided by this subsection and 
notwithstanding any other provision of this article, if an insurer 
declines to verify a medical care or health care service under this 
section, the physician or provider is not required to comply with 
any contractual requirement that the physician or provider hold a 
patient harmless for the medical care or health care service under 
Section 3(k) of this article. A contract between an insurer and a 
physician or provider must provide that the exercise of the 
physician's or provider's rights under this subsection may not be 
the basis for termination of or discrimination against the 
physician or provider under the contract or the basis for a penalty 
or discrimination against the physician or provider in 
participation in other health care products or plans.
		(2)  If an insurer in error declines to verify 
a medical service or health care service under this section, and 
the patient pays any amount in excess of the contractual amount, 
less any appropriate co-payments or deductibles, the patient may 
recover the amount in excess of the contractual amount from the 
physician or provider if:
			(A)  not later than the 180th day after the date 
the patient receives notice of the declination, the patient 
provides written notice to the physician or provider of the 
insurer's correction of the declination; and
			(B)  requests a refund of the overpayments.                           
		(3)  An insurer that makes an error in declination of 
verification shall inform the insured and physician or provider of 
the error without delay and pay to the insured any payment made by 
the insured to the physician or provider by the insured up to the 
contractual amount less any appropriate copayments or deductibles. 
Any remaining contractual amount not paid by the insurer shall be 
paid to the physician or provider in accordance with this article.
	(2)  In SECTION 19 of the bill, strike Subsection (h), 
Section  843.347, Insurance Code, as added by second reading 
amendment No. 8 by Smithee, and substitute the following:
	(h)  Except as provided by this subsection and Subsections 
(i) and (j) and notwithstanding any other provision of this 
chapter, if a health maintenance organization declines to verify a 
health care service under this section, the physician or provider 
is not required to comply with any contractual requirement that the 
physician or provider hold a patient harmless for the health care 
service under Section 843.361. A contract between a health 
maintenance organization and a physician or provider must provide 
that the exercise of the physician's or provider's rights under this 
subsection may not be the basis for termination of or 
discrimination against the physician or provider under the contract 
or the basis for a penalty or discrimination against the physician 
or provider in participation in other health care products or 
plans.
	(i)  If a health maintenance organization in error declines 
to verify a health care service under this section, and the patient 
pays any amount in excess of the contractual amount, less any 
appropriate copayments or deductibles, the patient may recover the 
amount in excess of the contractual amount from the physician or 
provider if:
		(1)  not later than the 180th day after the date the 
patient receives notice of the declination, the patient provides 
written notice to the physician or provider of the health 
maintenance organization's correction of the declination; and
		(2)  requests a refund of the overpayments.                            
	(j)  A health maintenance organization that makes an error in 
declination of verification shall inform the patient and physician 
or provider of the error without delay and pay to the patient any 
payment made by the patient to the physician or  provider by the 
patient up to the contractual amount less any appropriate 
co-payments or deductibles. Any remaining contractual amount not 
paid by the health maintenance organization to the patient shall be 
paid to the physician or provider in accordance with this chapter.