89th Legislature Regular Session

HB 1052

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 1052 seeks to amend the Texas Insurance Code to ensure that health benefit plans provide equitable coverage for telemedicine, teledentistry, and telehealth services regardless of whether the patient (originating site) or provider (distant site) is located outside the state of Texas. The bill stipulates that if the patient receiving the service resides primarily in Texas, and the provider is licensed to practice in Texas and maintains a physical office in the state, then the health plan must cover the service on the same basis and to the same extent as if both parties were located within Texas.

The bill makes several key definitional updates to Section 1455.001 of the Insurance Code. It clarifies the meaning of “distant site,” “originating site,” and introduces a new definition for “health professional,” which includes licensed physicians, dentists, and other licensed or certified individuals who provide or assist in providing telehealth services under physician or dentist supervision.

HB 1052 addresses a growing reliance on virtual care by expanding legal protections for cross-border telehealth services while retaining state oversight. It mandates that this new coverage requirement only applies to health plans issued, delivered, or renewed on or after January 1, 2026. Overall, the legislation aims to improve continuity of care for Texas residents while maintaining provider accountability through licensure and physical presence requirements.

The originally filed version of HB 1052 and the engrossed version share the same overarching goal: requiring health benefit plans in Texas to cover telemedicine, teledentistry, and telehealth services when either the patient or provider is located outside the state, under certain conditions. However, several important refinements and additions were made between the bill's original filing and its engrossment.

In the originally filed version, the bill introduced new definitions for "distant site," "originating site," and "health professional" and amended Section 1455.004 of the Insurance Code to mandate parity in coverage for out-of-state telehealth services. This version laid out the basic criteria for eligibility: the patient must reside primarily in Texas, and the provider must be licensed and have a physical office in the state.

In the engrossed version, some of the language and structure were clarified for better statutory coherence. For instance, the definition of "health professional" is more precisely tiered in the engrossed version to distinguish among different types of providers and their supervisory relationships. Additionally, more explicit statutory cross-references and formatting refinements were included to better align the bill with drafting norms and ensure enforceability. While the policy intent remains consistent across both versions, the engrossed text improves clarity regarding scope, provider qualifications, and plan applicability.

Lastly, the effective date and applicability provision remain the same—January 1, 2026, for health plans to comply, with the Act itself taking effect September 1, 2025—but the engrossed version presents this section with more formal legal phrasing. These changes reflect a routine process of refining legislative language to ensure precision, enforceability, and alignment with existing code.
Author
Salman Bhojani
Hubert Vo
Tom Oliverson
Philip Cortez
Caroline Harris Davila
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 1052 is not expected to have a significant fiscal impact on the state. The agencies involved—including the Employees Retirement System, the Texas Department of Insurance, the Health and Human Services Commission, and major public university systems—indicated that any administrative or compliance-related costs resulting from the bill could be absorbed within their existing resources.

The bill does not create new entitlement programs or require state agencies to provide additional services; rather, it modifies the conditions under which private health plans must cover telehealth services. Because the bill applies to plans delivered, issued, or renewed on or after January 1, 2026, it gives affected entities time to adjust, mitigating the likelihood of immediate fiscal pressure.

Similarly, the analysis found no significant fiscal impact on local government entities. The bill does not impose mandates on local governments nor does it alter the funding structure for local health coverage programs. Therefore, the overall assessment is that the bill’s implementation would not result in meaningful new expenditures or revenue changes for public-sector stakeholders.

Vote Recommendation Notes

HB 1052 represents a thoughtful and limited expansion of access to telehealth, teledentistry, and telemedicine services for Texas residents. The bill ensures that patients whose health care needs are delivered via virtual platforms can maintain continuity of care even when either the patient or provider is located outside of Texas—so long as the provider is licensed in Texas and maintains a physical office within the state. This framework improves patient flexibility and preserves public oversight through the in-state licensure and office requirement.

In evaluating the bill against the core liberty principles, HB 1052 strongly supports individual liberty and personal responsibility by removing unnecessary geographic limitations to health care access. It also aligns with free enterprise by allowing licensed health professionals to offer services more broadly while ensuring insurance parity, thus encouraging innovation and competition in the health care marketplace.

Critically, concerns about the size and scope of government, taxpayer burden, and regulatory expansion are limited. The Legislative Budget Board concluded that the bill will have no significant fiscal impact on the state or local governments, and any administrative adjustments can be managed within existing agency resources. The bill does not create a new agency or program and does not increase taxes. While it does introduce a new coverage requirement for insurers, this mandate is narrow in scope, applies only to plans renewed or issued after January 1, 2026, and includes provider accountability measures.

In summary, HB 1052 delivers meaningful health care flexibility for Texans without imposing significant costs on taxpayers or growing government authority. As such, Texas Policy Research recommends that lawmakers vote YES on HB 1052.

  • Individual Liberty: The bill enhances individual liberty by giving Texans more freedom to choose where and how they access telehealth services. It removes unnecessary barriers that currently limit coverage for virtual care if the provider or patient is temporarily out of state. As long as the provider is licensed in Texas and has a Texas office, patients can get covered care regardless of location—this gives Texans more control over their health care choices.
  • Personal Responsibility: By expanding access to virtual health services, the bill empowers individuals to take greater responsibility for managing their own health. It supports those who may be working remotely, traveling, or living in rural areas where care options are limited. The bill allows them to maintain regular check-ups or ongoing care without having to wait until they return to Texas.
  • Free Enterprise: The bill promotes a freer health care marketplace by encouraging broader participation in telehealth services. It allows licensed Texas providers to serve their patients more flexibly, without being restricted by where either party is located at the time of service. This improves competition and efficiency in health care delivery, especially for modern, mobile consumers.
  • Private Property Rights: The bill does not directly impact property rights. However, it does reinforce the importance of providers having a physical office in Texas as a condition for out-of-state service coverage, which could offer a modest benefit to Texas-based health care businesses.
  • Limited Government: While the bill introduces a new insurance mandate—requiring health plans to cover certain out-of-state telehealth services—it does so in a narrow and clearly defined way. It does not grow government agencies, expand bureaucracy, or increase taxpayer spending. Still, because it places a new obligation on private insurers, some may view it as a slight expansion of government regulation in the private market.
View Bill Text and Status