Texas Barred From Enforcing Optometry Patient Steering Law

Managed vision-care plans operating in Texas can now tell their enrollees about participating optometrists who offer cheaper options, after a federal judge permanently barred a law intended to prevent “patient steering.”

A state law prohibiting plans from encouraging, recommending, or trying to convince consumers to obtain covered or uncovered services or products from a participating provider that’s less expensive than another, violates the plans’ First Amendment free-speech rights, the US District Court for the Northern District of Texas said Thursday. Such communications are protected as “truthful and nonmisleading” commercial speech about care and benefits options for vision-care patients, Judge James ...