RulesofCivilProcedure.com Civil Procedure · Every State

§ 146.002.Timely Billing Required

Title 6. Miscellaneous Provisions · Chapter 146. Certain Claims by Health Care Service Providers Barred · Last amended 2025 · Last verified August 29, 2026

In one sentenceSection 146.002 requires a provider to bill by the first day of the 11th month after services, with separate rules for plan issuers, third party payors, and represented patients.

Full Text of § 146.002

Text sizeJump to: (a) (b) (c) (c-1) (d)

(a)Except as provided by Subsection (b) or (c) and subject to Subsection (c-1), a health care service provider shall bill a patient or other responsible person for services provided to the patient not later than the first day of the 11th month after the date the services are provided.
(b)If the health care service provider is required or authorized to directly bill the issuer of a health benefit plan for services provided to a patient, the health care service provider shall bill the issuer of the plan not later than:
(1)the date required under any contract between the health care service provider and the issuer of the health benefit plan; or
(2)if there is no contract between the health care service provider and the issuer of the health benefit plan, the first day of the 11th month after the date the services are provided.
(c)If the health care service provider is required or authorized to directly bill a third party payor operating under federal or state law, including Medicare and the state Medicaid program, the health care service provider shall bill the third party payor not later than:
(1)the date required under any contract between the health care service provider and the third party payor or the date required by federal regulation or state rule, as applicable; or
(2)if there is no contract between the health care service provider and the third party payor and there is no applicable federal regulation or state rule, the first day of the 11th month after the date the services are provided.
(c-1)If a health care service provider provides services to a patient that are related to a personal injury claim for which the patient is represented by an attorney and unless otherwise directed by the patient or other responsible person, the provider may satisfy the requirements of Subsection (a) by submitting the bill to the patient's attorney not later than the first day of the 11th month after the date the services are provided.
(d)For purposes of this section, the date of billing is the date on which the health care service provider's bill is:
(1)mailed to the patient, responsible person, or attorney representing the patient, as applicable, postage prepaid, at the address of the patient, responsible person, or attorney representing the patient as shown on the health care service provider's records; or
(2)mailed or otherwise submitted to the issuer of the health benefit plan or third party payor as required by the health benefit plan or third party payor.
End

Plain-English Summary

A billing deadline, expressed as a date rather than a period.

The general rule (subsection (a)): a provider shall bill a patient or other responsible person not later than the first day of the 11th month after the date the services are provided.

That is roughly ten months, and the drafting is deliberate. A fixed date computed from the month of service is easier to administer across thousands of accounts than a rolling period from each date of service.

Subsection (b) governs direct billing to a plan issuer: by the date required under any contract with the issuer, or if there is no contract, the same first day of the 11th month.

Subsection (c) does the same for third party payors operating under federal or state law, including Medicare and Medicaid — the contractual or regulatory date, or the default where neither applies.

So a contract or regulation can shorten the deadline but the statute supplies the backstop.

Subsection (c-1) handles the personal injury case, and it is the practically important one. Where services relate to a personal injury claim for which the patient is represented by an attorney, the provider may satisfy subsection (a) by submitting the bill to the patient’s attorney — unless the patient directs otherwise.

That reflects how these accounts are handled: the bill waits on the settlement, and the attorney holds the file.

Subsection (d) fixes what "date of billing" means — the date the bill is mailed postage prepaid to the address shown in the provider’s records, or mailed or otherwise submitted to the issuer or payor as required. Mailing, not receipt, is the event.

Frequently Asked Questions

How long does a Texas provider have to bill me?

Until the first day of the 11th month after the date the services were provided.

What if the provider bills my insurer?

The deadline is whatever the contract requires, or the same first day of the 11th month if there is no contract.

What if I have a personal injury lawyer?

The provider may satisfy the requirement by billing your attorney within the same period, unless you direct otherwise.

Is the deadline about mailing or receipt?

Mailing. The date of billing is the date the bill is mailed postage prepaid or otherwise submitted.

Amendment History

  • Added by Acts 1999, 76th Leg., ch. 650, Sec. 1, eff. Sept. 1, 1999.
  • Amended by:
  • Acts 2025, 89th Leg., R.S., Ch. 1092 (H.B. 4145), Sec. 1, eff. September 1, 2025.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source