89th Legislature

SB 2544

Overall Vote Recommendation
Vote Yes; Amend
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
SB 2544 proposes an amendment to Section 1467.054(a) of the Texas Insurance Code. The bill changes the timeframe for requesting mediation in disputes over out-of-network healthcare claims. Specifically, it provides that an out-of-network provider, health benefit plan issuer, or administrator must request mandatory mediation no later than the 90th day after receiving an initial payment for a healthcare service or supply. This replaces the previous law’s less specific language, which did not set a clear deadline.

Additionally, the bill includes transitional provisions. For healthcare services provided before the bill's effective date, the prior mediation rules will continue to apply if a mediation request is filed within 120 days of the Act’s effective date. Otherwise, those older disputes would no longer be eligible for mediation under the previous rules.

SB 2544 is designed to streamline and expedite the resolution process for billing disputes between providers and health plans, potentially reducing prolonged conflicts.

The originally filed version of SB 2544 amended Section 1467.054(a) of the Texas Insurance Code to create a 90-day deadline for an out-of-network provider, health benefit plan issuer, or administrator to request mandatory mediation after receiving an initial payment. In addition to this core change, the filed version required the Texas Department of Insurance (TDI) commissioner to adopt necessary rules to implement the Act within 30 days after the Act’s effective date. It also delayed application of the new mediation deadline to services rendered 30 days after the Act's effective date, effectively building in a short adjustment period for affected parties​.

In contrast, the Committee Substitute preserves the 90-day deadline for requesting mediation but removes the requirement for TDI to adopt implementing rules within 30 days. Instead, it provides a broader transitional framework: disputes over services provided before the Act’s effective date remain eligible for mediation under the old law if a mediation request is filed within 120 days after the Act becomes effective. After that 120-day window closes, disputes over pre-effective date services are no longer eligible for mediation under prior law​.

Overall, the substitute simplifies the implementation by eliminating the administrative burden of immediate rulemaking and allowing a longer, structured phase-out for old claims. It streamlines the transition while preserving the bill's main goal of expediting out-of-network billing disputes. The substitute thus reflects a more practical approach, likely shaped by concerns over regulatory workload and stakeholder adjustment time.
Author
Kelly Hancock
Co-Author
Royce West
Sponsor
Matt Morgan
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 2544, as substituted and reported out of committee, is expected to have no significant fiscal impact on the State of Texas​. The analysis indicates that any administrative costs associated with the changes proposed by the bill — primarily related to updating processes around mediation requests for out-of-network healthcare claims — could be absorbed by the Texas Department of Insurance (TDI) using its existing budgetary resources. As a result, the bill does not require additional appropriations or new funding streams.

Similarly, the bill is not expected to impose any meaningful fiscal burden on local governments​. Because the mediation process governed by the bill primarily affects interactions between private health care providers, health insurance issuers, and administrators — all regulated at the state level — local governmental units are not involved in its implementation or enforcement. Thus, there are no projected costs, new duties, or revenue effects for cities, counties, or other local jurisdictions.

In short, SB 2544 is fiscally neutral for both state and local governments, primarily due to its narrow regulatory focus and the minor scope of operational changes needed to accommodate the new mediation eligibility deadlines.

Vote Recommendation Notes

The bill addresses a longstanding loophole in Texas' healthcare billing dispute resolution system by establishing a clear 90-day deadline for out-of-network providers, health plans, or administrators to request mediation after receiving an initial payment​. This change protects against the abuse of the mediation system by preventing the filing of outdated claims years after services are rendered. The bill also includes a 120-day transitional window to allow disputes over services provided before the effective date to still be mediated under prior law​.

The bill aligns with key liberty principles by promoting personal responsibility (requiring timely dispute actions), free enterprise (by creating a more predictable billing environment), and limited government (since it does not expand regulatory authority, create new agencies, or impose significant new mandates). The Legislative Budget Board has determined that there is no significant fiscal impact to the state or local governments, meaning there is no new burden on taxpayers​. While the bill does introduce a light administrative deadline for businesses, it is a reasonable procedural safeguard that stabilizes the system rather than creating new heavy regulations.

A recommended amendment would allow for voluntary private arbitration between parties as an alternative to the state-mandated mediation, further reinforcing freedom of contract and reducing reliance on government-managed dispute systems. However, support for the bill is not contingent on adoption of the amendment. Even without amendment, the legislation substantially furthers the goals of improving fairness and efficiency in healthcare billing practices without expanding government power.

Accordingly, Texas Policy Research recommends that state lawmakers vote YES on SB 2544— recognizing it as good legislation that could be further strengthened by clarifying and expanding dispute resolution flexibility.

  • By establishing clear deadlines for mediation requests, the bill helps ensure individuals (patients and providers) are not trapped in endless, years-old billing disputes. It creates a more fair and predictable environment, reducing financial uncertainty. Individuals benefit when the healthcare marketplace operates transparently and disputes are resolved promptly.
  • The 90-day window encourages providers, insurance companies, and administrators to act promptly and responsibly when handling billing disputes. It prevents irresponsible or opportunistic behavior like "batch filing" large volumes of old claims years after services were rendered. It creates clear expectations and holds all parties accountable for managing disputes in a timely way.
  • The bill improves the business environment by stabilizing the dispute resolution process, which benefits both healthcare providers and insurers operating in the private sector. It minimizes unexpected costs and litigation risks arising from stale claims. While it does add a minor procedural requirement (tracking the 90-day deadline), that burden is reasonable and is outweighed by the benefits of a more predictable and fair marketplace.
  • The bill respects contractual and property rights by ensuring that billing disputes are handled within a predictable timeframe. It does not interfere with ownership, possession, or use of property, and it reinforces the expectation that businesses should honor payment agreements and dispute resolutions within reasonable periods.
  • The bill does not expand government programs, create new agencies, or require new taxes. It relies on existing administrative structures and does not impose new substantive regulatory burdens. However, it does set a new procedural rule (90-day filing deadline), which slightly extends government oversight in this specific context. This is minor and targeted, aimed at correcting abuse rather than expanding government control broadly. Additionally, the Committee Substitute removed a prior provision requiring new rulemaking, keeping government involvement minimal​.
  • A suggested amendment (allowing optional private arbitration) would make the bill even more consistent with limited government by reducing reliance on the state-managed mediation system.
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