By:  Brimer                                            H.B. No. 179
       73R1743 DLF-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to basic group health insurance coverage for certain small
    1-3  employers.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter E, Chapter 3, Insurance Code, is
    1-6  amended by adding Article 3.51-6E to read as follows:
    1-7        Art. 3.51-6E.  GROUP HEALTH INSURANCE POLICIES OR PLANS FOR
    1-8  CERTAIN SMALL EMPLOYERS
    1-9        Sec. 1.  PURPOSE.  The legislature finds that an increasing
   1-10  number of small employers and their employees are uninsured or
   1-11  unable to continue group health insurance in part because of the
   1-12  cost of mandated benefits.  This article authorizes insurers to
   1-13  offer group health insurance policies to certain small employers
   1-14  providing basic health care benefits.  The purpose of this
   1-15  authorization is to reduce the number of uninsured people in this
   1-16  state, to increase access to necessary health care, and to reduce
   1-17  the amount of uncompensated care.
   1-18        Sec. 2.  DEFINITIONS.  In this article:
   1-19              (1)  "Eligible employer" means a person who employs not
   1-20  fewer than three nor more than 50 full-time employees at the time
   1-21  the group policy or plan initially takes effect.
   1-22              (2)  "Enrollee or certificate holder" means an
   1-23  individual who is an officer, partner, or sole proprietor of an
   1-24  eligible employer, an employee of an eligible employer who works at
    2-1  least 20 hours per week, or the spouse or dependent child of such
    2-2  an individual.
    2-3              (3)  "Insurer" means a company, exchange, society,
    2-4  association, or other person authorized to engage in the business
    2-5  of insurance in this state that delivers or issues for delivery in
    2-6  this state a policy or contract of group health insurance or a
    2-7  group health care plan.  The term includes a group hospital service
    2-8  corporation under Chapter 20 of this code or a health maintenance
    2-9  organization under the Texas Health Maintenance Organization Act
   2-10  (Chapter 20A, Vernon's Texas Insurance Code).
   2-11              (4)  "Person" means an individual, association,
   2-12  corporation, partnership, or other private legal entity.
   2-13              (5)  "Physician" means a person licensed under the
   2-14  Medical Practice Act (Article 4495b, Vernon's Texas Civil
   2-15  Statutes).
   2-16        Sec. 3.  BASIC HEALTH CARE POLICY OR PLAN.  (a)  An insurer
   2-17  may offer to eligible employers a group health insurance policy or
   2-18  plan that provides coverage for basic health care needs to
   2-19  enrollees or certificate holders.  If an otherwise eligible
   2-20  employer is covered by a group health insurance policy or plan,
   2-21  that employer is not entitled to obtain coverage under this article
   2-22  until the existing policy or plan has expired.
   2-23        (b)  A basic health care policy or plan offered under this
   2-24  article must include the following minimum coverage:
   2-25              (1)  inpatient hospital care of 14 days per policy
   2-26  year;
   2-27              (2)  reasonable, medically necessary outpatient
    3-1  hospital care, including surgery, anesthesia, preadmission testing,
    3-2  radiation therapy, and chemotherapy as defined in the policy or
    3-3  plan;
    3-4              (3)  emergency care as defined by Section 2(I), Chapter
    3-5  397, Acts of the 54th Legislature, Regular Session, 1955 (Article
    3-6  3.70-2, Vernon's Texas Insurance Code) or Section 2(t), Texas
    3-7  Health Maintenance Organization Act (Article 20A.02, Vernon's Texas
    3-8  Insurance Code),   including licensed ground ambulance
    3-9  transportation, emergency room care and emergency admissions, but
   3-10  excluding care for conditions that are not life-threatening and
   3-11  subject to the limitations of Subsection (b)(1) of this section;
   3-12              (4)  physician office visits or community health center
   3-13  visits for primary care or sick care of at least four visits per
   3-14  policy year per enrollee or certificate holder, including
   3-15  laboratory fees and diagnostic X rays, in addition to physician
   3-16  care in a hospital inpatient or outpatient setting; and
   3-17              (5)  home nursing care, not to exceed 14 visits per
   3-18  year, in lieu of or to reduce the length of inpatient hospital
   3-19  care.
   3-20        (c)  A basic health care policy or plan is subject to
   3-21  approval under Article 3.42 of this code or Subsections (a)-(d),
   3-22  Section 9, Texas Health Maintenance Organization Act (Article
   3-23  20A.09, Vernon's Texas Insurance Code), as applicable.
   3-24        (d)  A policy or plan authorized by this section, except an
   3-25  evidence of coverage issued by a health maintenance organization,
   3-26  must comply with Subsections (b), (c), (d), (e), and (f), Section
   3-27  1, Article 3.51-6 of this code and with Section 3, Article 3.51-6,
    4-1  of this code.
    4-2        (e)  This article does not prevent an insurer from providing
    4-3  to an eligible employer a basic health care policy or plan that
    4-4  includes one or more mandatory benefits, coverages, or providers.
    4-5  The inclusion of a mandatory benefit, coverage, or provider does
    4-6  not waive the exemption from all mandatory benefits, coverages, and
    4-7  providers established under Section 4 of this article.
    4-8        (f)  This article does not affect the authority of a health
    4-9  maintenance organization to:
   4-10              (1)  determine the categories and types of providers
   4-11  that participate as providers in a health maintenance organization
   4-12  in compliance with the Texas Health Maintenance Organization Act
   4-13  (Chapter 20A, Vernon's Texas Insurance Code); or
   4-14              (2)  limit the use by enrollees or certificate holders
   4-15  to the services of those providers in compliance with the health
   4-16  care services offered by the health maintenance organization.
   4-17        Sec. 4.  EXEMPTION FROM MANDATED BENEFITS, COVERAGES, AND
   4-18  PROVIDERS.  A basic health care policy or plan offered under this
   4-19  article is exempt from all mandatory benefits, coverages, and
   4-20  providers required under other provisions of this code or other
   4-21  laws of this state and is not required to provide coverage of any
   4-22  services, treatments, tests, or extensions of coverage not
   4-23  specifically required by this article.
   4-24        Sec. 5.  TERMINATION OF COVERAGE.    An insurer may not
   4-25  terminate coverage under a health care policy or plan for an
   4-26  enrollee or certificate holder unless the enrollee or certificate
   4-27  holder:
    5-1              (1)  is no longer eligible for coverage under the terms
    5-2  of the policy or plan;
    5-3              (2)  failed to pay a required premium or premium
    5-4  contribution; or
    5-5              (3)  committed fraud or misrepresentation in connection
    5-6  with the policy or plan.
    5-7        Sec. 6.  BOARD POWERS AND DUTIES.  (a)  The board shall
    5-8  monitor the policies or plans offered under this article.   The
    5-9  board may require periodic reports by insurers issuing basic health
   5-10  care policies or plans under this article.
   5-11        (b)  The board may adopt rules as necessary to implement this
   5-12  article.
   5-13        (c)  The board shall report to the legislature not later than
   5-14  February 1 of each odd-numbered year relating to the effectiveness
   5-15  of the insurance policies or plans authorized under this article in
   5-16  meeting the purposes of this article.
   5-17        Sec. 7.  RATES.  A basic health care policy or plan offered
   5-18  under this article may not be delivered or issued for delivery in
   5-19  this state unless the commissioner determines that the benefits are
   5-20  reasonable in relation to the premium charged.  As regards health
   5-21  maintenance organizations, the commissioner shall make the
   5-22  determination in compliance with Section 9, Texas Health
   5-23  Maintenance Organization Act (Article 20A.09, Vernon's Texas
   5-24  Insurance Code).
   5-25        Sec. 8.  COST CONTAINMENT.  An insurer that offers a basic
   5-26  health care policy or plan under this article may use cost
   5-27  containment mechanisms in that policy or plan.
    6-1        SECTION 2.  This Act takes effect September 1, 1993, and
    6-2  applies only to a basic health care policy or plan that is
    6-3  delivered, issued for delivery, or renewed on or after January 1,
    6-4  1994.  A policy or plan that is delivered, issued for delivery, or
    6-5  renewed before January 1, 1994, is governed by the law as it
    6-6  existed immediately before the effective date of this Act, and that
    6-7  law is continued in effect for that purpose.
    6-8        SECTION 3.  The importance of this legislation and the
    6-9  crowded condition of the calendars in both houses create an
   6-10  emergency   and   an   imperative   public   necessity   that   the
   6-11  constitutional rule requiring bills to be read on three several
   6-12  days in each house be suspended, and this rule is hereby suspended.