(a) An HMO must file a network adequacy report with the department on or before August 15 of each year and before marketing any plan in a new service area after August 15, 2017. The network adequacy report must specify:
  (1) the trade name of each HMO plan in which enrollees currently participate;
  (2) the applicable service area of each plan; and
  (3) whether the HMO service delivery network supporting each plan meets the requirements in §11.1607 of this title (relating to Accessibility and Availability Requirements).
(b) If applicable, the network adequacy report must include an access plan that complies with §11.1607 of this title.
(c) As part of the annual network adequacy report, the HMO must provide additional data specified in this subsection for the previous calendar year. The data must be reported on the basis of each of the geographic regions specified in §3.3711 of this title (relating to Geographic Regions). If none of the HMO's plans include a service area that is located within a particular geographic region, the insurer must specify in the report that there is no applicable data for that region. The HMO report must include the number of:
  (1) claims paid for out-of-network benefits that were not based on an emergency or the unavailability of network physicians or providers under Insurance Code §1271.155 (concerning Emergency Care) or §1271.055 (concerning Out-of-Network Services);
  (2) claims for out-of-network benefits that were based on an emergency or the unavailability of network physicians or providers under Insurance Code §1271.155 or §1271.055;
  (3) complaints by non-network physicians and providers;
  (4) complaints by network physicians and providers relating to inability to refer enrollees to network physicians or providers because network physicians or providers are not available;
  (5) complaints by enrollees relating to the dollar amount of the HMO's payment for basic health care benefits;
  (6) complaints by enrollees concerning balance billing;
  (7) complaints by enrollees relating to the unavailability of network physicians or providers;
  (8) complaints by enrollees relating to the accuracy of network physician and provider listings; and
  (9) complaints by physicians and providers relating to the accuracy of network physician and provider listings.
(d) The annual network adequacy report required under this section must be submitted electronically in a format and by a method acceptable to the department. Unless and until a standardized form and method for submitting the above information is made available by the department, acceptable formats include Microsoft Word and Excel documents. Unless and until another electronic method of submission is required, the report must be submitted to the department's email address, mcqa@tdi.texas.gov, and must indicate in the subject field that the email relates to the filing of the annual network adequacy report.
(e) If the Commissioner determines that the HMO's network and any access plan supporting the network are inadequate to ensure that benefits are available to all enrollees or are inadequate to ensure that all covered health care services are provided in a manner ensuring availability of and accessibility to adequate personnel, specialty care, and facilities, the Commissioner may order one or more of the following sanctions under the Commissioner's authority in Insurance Code Chapter 82 (concerning Sanctions) and Insurance Code Chapter 83 (concerning Emergency Ceases and Desist Orders) to issue cease and desist orders:
  (1) reduction of a service area;
  (2) cessation of marketing in parts of the state; and
  (3) cessation of marketing entirely and withdrawal from the HMO market.
(f) This section does not affect the Commissioner's authority to take or order any other appropriate action under the Commissioner's authority in the Insurance Code.
(g) This section does not apply to a health benefit plan written by an HMO for a contract with the Health and Human Services Commission (HHSC) to provide services under the Texas Children's Health Insurance Program (CHIP), Medicaid, or with the State Rural Health Care System.

Source Note: The provisions of this §11.1610 adopted to be effective August 1, 2017, 42 TexReg 2169; amended to be effective March 30, 2021, 46 TexReg 2036