Texas Civil Practice and Remedies Code

§ 88.003 — LIMITATIONS ON CAUSE OF ACTION

CP § 88.003Title 4. LIABILITY IN TORT · Ch. 88. HEALTH CARE LIABILITY

Statute text

(a)A person may not maintain a cause of action under this chapter against a health insurance carrier, health maintenance organization, or other managed care entity that is required to comply with or otherwise complies with the utilization review requirements of Article 21.58A, Insurance Code, or Chapter 843, Insurance Code, unless the affected insured or enrollee or the insured's or enrollee's representative:

(1)has exhausted the appeals and review applicable under the utilization review requirements; or

(2)before instituting the action:

(A)gives written notice of the claim as provided by Subsection (b); and

(B)agrees to submit the claim to a review by an independent review organization under Article 21.58A, Insurance Code, as required by Subsections (c) and (d).

(b)The notice required by Subsection (a)(2)(A) must be delivered or mailed to the health insurance carrier, health maintenance organization, or managed care entity against whom the action is made not later than the 30th day before the date the claim is filed.

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Legislative history

Added by Acts 1997, 75th Leg., ch. 163, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1327, Sec. 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1276, Sec. 10A.509, eff. Sept. 1, 2003.