A court of the Northern District of Texas permanently enjoined the Texas Department of Insurance and the Texas Insurance Commissioner from enforcing Texas Insurance Code ยงยง 1451.151, 1451.153(4), and 1451.153(5) against various stakeholders and participants in the vision-care industry, holding that the subject insurance code sections regulate protected commercial speech but are not narrowly tailored to the State’s asserted interest of preventing managed-care plans from controlling optometrists and their practices through patient steering, thus rendering the statutes facially unconstitutional under the First Amendment.
