TX SB1330

Nonparticipating suppliers of durable medical equipment, orthotic devices, and prosthetic devices to Medicare enrollees are prohibited from charging more than 115% of the Medicare-approved amount unless the enrollee agrees in writing beforehand and either enters a rental plan or pays the excess amount in full before receiving the item

Medicare supplement benefit plan issuers are not required to reimburse enrollees or nonparticipating suppliers for charges exceeding 115% of the Medicare-approved amount for covered equipment and devices

Written agreements between nonparticipating suppliers and enrollees must include notice that Medicare reimburses 80% of the approved amount and that supplement plans are not obligated to cover excess charges

Violations constitute a false, misleading, or deceptive act under the Texas Deceptive Trade Practices Act, and intentional violations are a misdemeanor punishable by a fine of $500 to $1,000

Takes effect September 1, 2025, and applies only to equipment, devices, or supplies sold on or after that date