FOR IMMEDIATE RELEASE
May 29, 2025
Contact:
Info@healthyvisionassociation.com
In a Win for Vision Care Patients and Consumers, U.S. Court of Appeals
Affirms Preliminary Injunction of Texas House Bill 1696
ST. LOUIS, May 29, 2025 – The Healthy Vision Association announced today it has filed a lawsuit against the State of Texas following the recent passage of HB 1696 into law, as it is a clear violation of commercial speech protected by the First Amendment of the United States Constitution. The Healthy Vision Association and the National Association of Vision Care Plans (NAVCP) today announced the United States Court of Appeals for the Fifth Circuit has issued an important opinion on their constitutional challenge to Texas HB 1696. In the opinion, the Fifth Circuit affirmed the preliminary injunction enjoining the Texas Insurance Commissioner from enforcing HB 1696, which was granted by the district court last year. Enforcement of the law remains halted until the case is resolved.
In the ruling filed on May 23, 2025, the Fifth Circuit noted, “…the plaintiffs are likely to succeed on their commercial speech claims, and the equities favor a preliminary injunction against the Commissioner.”
“This ruling is another positive step forward in our fight to defeat HB 1696 and ensure patients and consumers retain their rights to receive all the information they deserve when making decisions on how and where to access affordable vision care,” said NAVCP Executive Director Julian Roberts. “We remain optimistic the district court will ultimately rule against this law which restricts critical healthcare information and limits the value and choice available to patients and consumers.”
HB 1696 imposes unconstitutional restraint on the right of managed vision care companies to communicate important healthcare information to insured patients, who likewise have a right to receive such information. It stops the free flow of truthful, beneficial information to consumers on how to maximize their benefits through specific providers and prevents even distinguishing in-network providers from other providers.
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About The Healthy Vision Association
The Healthy Vision Association is a non-profit member centric association dedicated to helping its members see well and be healthy. Since 2004, the Healthy Vision Association has been dedicated to providing benefits, services and information that promote vision health, overall health and wellness.
About NAVCP
NAVCP is a nonprofit association serving as a unified voice for the managed vision care industry. The association provides a forum for cooperative industry collaboration on initiatives that work to preserve and strengthen consumer access to affordable vision insurance and benefits. NAVCP members cover approximately 66 percent (over 220 million) of all Americans by partnering with eye care providers in all 50 states and Puerto Rico.