89R5384 SCR-F
 
  By: Hughes S.B. No. 1090
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to bundling and down-coding practices conducted by certain
  providers of dental benefits.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter E, Chapter 1451, Insurance Code, is
  amended by adding Section 1451.210 to read as follows:
         Sec. 1451.210.  LIMITATION ON BUNDLING AND DOWN-CODING.  (a)  
  In this section:
               (1)  "Bundling" means the practice of combining
  distinct medical or dental procedures or components of a more
  extensive procedure into one procedure for billing purposes. The
  term does not include the denial or adjustment of claims for covered
  services in accordance with the patient's dental benefits.
               (2)  "Down-coding" means the adjustment by a provider
  or issuer of an employee benefit plan or health insurance policy of
  a submitted claim to reflect a less complex or lower-cost procedure
  code. The term does not include the adjustment of payment for
  procedures that were improperly or inaccurately billed, or the
  denial or adjustment of claims for covered services in accordance
  with the patient's dental benefits.
         (b)  A provider or issuer of an employee benefit plan or
  health insurance policy may not change a dentist's submitted
  procedure codes through down-coding or bundling unless the provider
  or issuer undertakes a professional review of the submitted charges
  and supporting clinical information and determines that the
  original coding was incorrect, fragmented, or unbundled:
               (1)  as provided in the current Code on Dental
  Procedures and Nomenclature; or
               (2)  consistent with generally acceptable standards of
  care in the practice of dentistry.
         SECTION 2.  Section 1451.210, Insurance Code, as added by
  this Act, applies only to an employee benefit plan for a plan year
  that commences on or after January 1, 2026, or a health insurance
  policy delivered, issued for delivery, or renewed on or after
  January 1, 2026, and any provider network contract entered into on
  or after the effective date of this Act in connection with one of
  those plans or policies.
         SECTION 3.  This Act takes effect September 1, 2025.