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State RegulationsTX specificVerified · outline & fact-checked · Sep 2026Difficulty 2/5

A Texas HMO enrollee needs a covered, medically necessary service that no provider in the HMO's delivery network can furnish, so the care is arranged with an out-of-network provider. The provider bills the enrollee for the difference between its charge and the amount the HMO paid. Which statement is correct?

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Answer & full 3-part explanation (select an option above, or peek)

Why D is correct

Under 28 TAC 11.1611(b), when a covered, medically necessary service is not available through the HMO's network, the HMO must pay for the out-of-network service under TIC 1271.055 at the same benefit level the enrollee would receive in network. Under 28 TAC 11.1611(d), the HMO pays the non-network provider at the usual and customary rate or at a rate agreed to between the HMO and the provider, and the enrollee's responsibility is limited to the applicable copayment, deductible, and coinsurance. The provider's remedy for a disputed amount is against the HMO, not by balance billing the member.

Why the other options are wrong

  • A) The enrollee is not required to pay first and litigate; the excess is resolved between the provider and the HMO.
  • B) An out-of-network provider is not automatically entitled to its full billed charge; the payment standard is the usual and customary or agreed rate.
  • C) The absence of a contract with the HMO does not entitle the provider to collect the balance from an enrollee whose care the HMO was obliged to arrange.

Memory hook

Out-of-network disputes are settled between the HMO and the provider, never on the member's credit card.

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