By:  Harris, Jack                                      H.B. No. 593
       73R901 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 PLANS FOR CERTAIN SMALL
    1-8  EMPLOYERS
    1-9        Sec. 1.  PURPOSE.  The legislature finds that an increasing
   1-10  number of small employers and their employees are unable to afford
   1-11  the cost of group health insurance, in part because of the cost of
   1-12  mandated benefits.  This article authorizes group health insurance
   1-13  policies providing basic health care benefits to increase access to
   1-14  necessary health care, assist in the reduction of the amount of
   1-15  uncompensated care, and reduce the number of uninsured persons in
   1-16  this state.
   1-17        Sec. 2.  DEFINITIONS.  In this article:
   1-18              (1)  "Basic health benefits plan" means a health
   1-19  benefits plan for small employers that meets the requirements of
   1-20  Section 6 of this article.
   1-21              (2)  "Carrier" means a person who provides health
   1-22  benefits in this state, including an insurance company, a health
   1-23  maintenance organization, a group hospital service corporation, a
   1-24  multiple employer welfare arrangement, or any other person
    2-1  providing a plan of health benefits subject to state insurance
    2-2  regulation.
    2-3              (3)  "Dependent" means the spouse or child of an
    2-4  eligible employee, subject to applicable terms of the health
    2-5  benefits plan covering the employee.
    2-6              (4)  "Directors" means the members of the Board of
    2-7  Directors of the Texas Small Employer Health Reinsurance Program.
    2-8              (5)  "Eligible employee" means:
    2-9                    (A)  an officer, partner, or sole proprietor of a
   2-10  business entity that is an eligible employer; or
   2-11                    (B)  a full-time or part-time employee of an
   2-12  eligible employer.
   2-13              (6)  "Enrollee" means an eligible employee or the
   2-14  dependent of an eligible employee who is enrolled in a health
   2-15  benefits plan.
   2-16              (7)  "Health benefits plan" means a hospital and
   2-17  medical insurance policy, a health, hospital, or medical service
   2-18  corporation plan contract, a health maintenance organization
   2-19  subscriber contract, a plan provided by a multiple employer welfare
   2-20  arrangement, or, to the extent permitted by the Employee Retirement
   2-21  Income Security Act of 1974 (29 U.S.C.  Section 1001 et seq.), an
   2-22  arrangement providing health benefits that is offered by a small
   2-23  employer and that is self-insured in whole or in part.  The term
   2-24  does not include:
   2-25                    (A)  accident-only insurance coverage;
   2-26                    (B)  credit insurance coverage;
   2-27                    (C)  disability insurance coverage;
    3-1                    (D)  coverage of Medicare services under a
    3-2  federal contract;
    3-3                    (E)  long-term care insurance coverage;
    3-4                    (F)  insurance coverage for dental care only;
    3-5                    (G)  insurance coverage for care of vision only;
    3-6                    (H)  insurance coverage issued as a supplement to
    3-7  liability insurance;
    3-8                    (I)  insurance coverage arising out of a workers'
    3-9  compensation system or similar statutory system;
   3-10                    (J)  automobile medical payment insurance
   3-11  coverage; or
   3-12                    (K)  insurance coverage under which benefits are
   3-13  payable without regard to fault and that is required by statute to
   3-14  be included in a liability insurance policy or an analogous
   3-15  self-insurance plan.
   3-16              (8)  "Member" means a small employer carrier
   3-17  participating in the program.
   3-18              (9)  "Multiple employer welfare arrangement" has the
   3-19  meaning assigned by 29 U.S.C. Section 1002, but does not include an
   3-20  arrangement that is fully insured.
   3-21              (10)  "Plan of operation" means the plan of operation
   3-22  of the program including articles, bylaws, and operating rules,
   3-23  adopted by the board under Sections 17 and 18 of this article.
   3-24              (11)  "Preexisting condition provision" means a policy
   3-25  provision that excludes coverage for expenses incurred during a
   3-26  specified period following the enrollee's effective date of
   3-27  coverage as to a condition that had manifested itself during a
    4-1  specified period immediately preceding the effective date of
    4-2  coverage.
    4-3              (12)  "Program" means the Texas Small Employer Health
    4-4  Reinsurance Program created by Section 17 of this article.
    4-5              (13)  "Reinsurer" means a person or entity reinsuring
    4-6  all or part of the risk of a health benefits plan provided by
    4-7  another person, carrier, insurer, or entity.
    4-8              (14)  "Small employer" means a person, firm,
    4-9  corporation, partnership, or association actively engaged in
   4-10  business that, on at least 50 percent of its working days during
   4-11  the year preceding the date on which coverage under a basic health
   4-12  benefits plan begins, employed at least three and not more than 25
   4-13  eligible employees.  For purposes of determining the number of
   4-14  eligible employees, affiliated companies and companies that are
   4-15  eligible to file a combined tax return for purposes of state
   4-16  taxation are one employer.
   4-17              (15)  "Small employer carrier" means a carrier that
   4-18  elects to comply with Section 17 of this article.
   4-19        Sec. 3.  APPLICABILITY.  A health benefits plan is subject to
   4-20  this article only if it covers at least one enrollee of a small
   4-21  employer and if:
   4-22              (1)  a portion of the premium or benefits is paid by
   4-23  the employer;
   4-24              (2)  any enrollee is reimbursed, through wage
   4-25  adjustments or otherwise, by the employer for any portion of the
   4-26  premium; or
   4-27              (3)  the plan is treated by the employer or any of the
    5-1  enrollees as part of a health plan or insurance constituting
    5-2  medical care for the purposes of Section 106 or 162 of the Internal
    5-3  Revenue Code.
    5-4        Sec. 4.  BASIC HEALTH BENEFITS PLAN AVAILABILITY.  (a)
    5-5  Except as otherwise provided by this article, a small employer
    5-6  carrier participating in the program shall provide the basic health
    5-7  benefits plans to a small employer without underwriting
    5-8  restrictions as to health status.  This subsection does not apply
    5-9  on or after January 1, 1995, except that this subsection does apply
   5-10  to an employer that becomes a small employer on or after July 1,
   5-11  1994, for a period of one year after the date on which the employer
   5-12  becomes a small employer.
   5-13        (b)  Coverage offered to a small employer who elects not to
   5-14  obtain coverage under a basic health benefits plan may be
   5-15  underwritten.  This coverage may only be provided by a small
   5-16  employer carrier.
   5-17        (c)  A small employer shall provide a small employer carrier
   5-18  an application card for each eligible employee and dependent.  An
   5-19  eligible employee or dependent declining coverage because the
   5-20  employee or dependent is already covered under another group health
   5-21  plan shall certify the coverage on  a form provided by the small
   5-22  employer carrier.
   5-23        (d)  A small employer shall provide on request to a small
   5-24  employer carrier  reports and documentation regarding the number of
   5-25  eligible employees and their hours and wages to determine initial
   5-26  eligibility and to ensure continued eligibility.  A small employer
   5-27  carrier may not request this information more than four times
    6-1  annually.
    6-2        (e)  Coverage under a basic health benefits plan is not
    6-3  available unless the small employer applies for and maintains
    6-4  coverage for at least 75 percent of its eligible employees.  An
    6-5  eligible employee who certifies coverage under another group health
    6-6  plan does not count toward the participation requirement.  Coverage
    6-7  is not available under a basic health benefits plan unless at least
    6-8  three eligible employees or dependents are actually covered by the
    6-9  plan.
   6-10        Sec. 5.  BASIC HEALTH BENEFITS POLICY EXEMPT FROM MANDATED
   6-11  BENEFITS.  Except as provided in this article, a basic health
   6-12  benefits policy offered under this article is not required to
   6-13  include any benefit or coverage otherwise required under this code
   6-14  or other insurance laws of this state.
   6-15        Sec. 6.  BASIC HEALTH BENEFITS POLICY.  (a)  A basic health
   6-16  benefits policy offered under this article must include the
   6-17  coverage under either Plan A or Plan B as described by Subsections
   6-18  (b), (c), and (d) of this section.
   6-19        (b)  A basic health benefits policy under Plan A must offer
   6-20  minimum benefits as follows:
   6-21              (1)  physician visits medically appropriate by age for
   6-22  wellness, routine illness and surgical follow-up, mental illness,
   6-23  and chemical dependency;
   6-24              (2)  inpatient and outpatient hospital care, including
   6-25  treatment for all physical and mental illness and for chemical
   6-26  dependency, provided that inpatient hospital care is limited to 20
   6-27  days each policy year;
    7-1              (3)  laboratory, diagnostic, and X-ray services not to
    7-2  exceed $200 each policy year, including mammography screening
    7-3  according to guidelines established by the American Cancer Society;
    7-4              (4)  comprehensive maternity and neonatal benefits
    7-5  consistent with guidelines established by the American College of
    7-6  Obstetrics and Gynecology and the American Academy of Pediatrics
    7-7  for neonatal care for up to 28 days after birth;
    7-8              (5)  health risk screening and risk reduction,
    7-9  including immunization and well-child care;
   7-10              (6)  prescription drugs with a minimal copayment,
   7-11  provided that the use of equivalent generic drugs under a managed
   7-12  care system is encouraged;
   7-13              (7)  dental extraction and dental care that affects
   7-14  systemic health treatment as prescribed by a physician; and
   7-15              (8)  10 home health care visits each policy year if
   7-16  case management determines that the visits are appropriate and
   7-17  cost-effective.
   7-18        (c)  The basic health benefits policy under Plan B must offer
   7-19  minimum benefits as follows:
   7-20              (1)  physician visits medically appropriate by age for
   7-21  wellness, routine illness and surgical follow-up, mental illness,
   7-22  and chemical dependency;
   7-23              (2)  inpatient and outpatient hospital care, including
   7-24  treatment for all physical and mental illness and for chemical
   7-25  dependency, provided that inpatient hospital care is limited to 45
   7-26  days for each policy year;
   7-27              (3)  laboratory, diagnostic, and X-ray services not to
    8-1  exceed $400 each policy year;
    8-2              (4)  one mammography screening each policy year for
    8-3  women who are at least 40 years of age;
    8-4              (5)  comprehensive maternity and neonatal benefits
    8-5  consistent with guidelines established by the American College of
    8-6  Obstetrics and Gynecology and the American Academy of Pediatrics
    8-7  for neonatal care for up to 45 days after birth;
    8-8              (6)  health risk screening and risk reduction,
    8-9  including immunization and well-child care;
   8-10              (7)  prescription drugs with a minimal copayment,
   8-11  provided that the use of equivalent generic drugs under a managed
   8-12  care system is encouraged;
   8-13              (8)  dental extraction and dental care that affects
   8-14  systemic health treatment as prescribed by a physician;
   8-15              (9)  10 home health care visits each policy year if
   8-16  case management determines that the visits are appropriate and
   8-17  cost-effective; and
   8-18              (10)  services and supplies for heart, kidney, cornea,
   8-19  and liver transplants not to exceed $100,000 each policy year.
   8-20        (d)  Plan A coverage for treatment for mental illness and
   8-21  substance abuse or chemical dependency for each policy year is
   8-22  limited to 20 days of inpatient or outpatient hospital care and 30
   8-23  medication-management outpatient visits.  Plan B coverage for
   8-24  treatment for mental illness and substance abuse or chemical
   8-25  dependency for each policy year is limited to 30 days of inpatient
   8-26  or outpatient hospital care and 50 medication-management outpatient
   8-27  visits.  For the purpose of determining the number of days of
    9-1  hospital care under this subsection, one day of outpatient hospital
    9-2  care is equivalent to one-half day of inpatient hospital care.
    9-3        (e)  Reasonable copayments and deductibles may be used in
    9-4  Plans A and B.  Benefits for maternity and well-child care and
    9-5  immunizations may not be subject to a copayment or deductible.
    9-6        (f)  Each participating small employer shall choose initially
    9-7  and on renewal a basic health benefits plan.  All enrollees of the
    9-8  employer must be under the same plan.
    9-9        (g)  Both basic health benefits plans may use
   9-10  cost-containment provisions, including:
   9-11              (1)  precertification of covered services;
   9-12              (2)  preauthorization for specified services;
   9-13              (3)  second opinion before surgery;
   9-14              (4)  concurrent utilization review and management;
   9-15              (5)  discharge planning;
   9-16              (6)  large case management;
   9-17              (7)  coordination of benefits, provided that the
   9-18  provisions are in compliance with guidelines established by the
   9-19  National Association of Insurance Commissioners; and
   9-20              (8)  managed care or point-of-service arrangements.
   9-21        (h)  A small employer carrier may offer a small employer a
   9-22  health benefits plan with greater benefits than those contained in
   9-23  either basic health benefits plan.
   9-24        (i)  The small employer is the policyholder of a basic health
   9-25  benefits plan.
   9-26        (j)  A small employer carrier may:
   9-27              (1)  contract with providers or groups of providers
   10-1  with respect to health care services or benefits; and
   10-2              (2)  negotiate with providers regarding the level or
   10-3  method of reimbursing care or services provided under health
   10-4  benefits plans.
   10-5        Sec. 7.  PREEXISTING CONDITION PROVISIONS.  (a)  A
   10-6  preexisting condition provision in a basic health benefits policy
   10-7  under this article may not apply to an enrollee who is covered by a
   10-8  basic health care policy issued before January 1, 1993.
   10-9        (b)  A preexisting condition provision may not exclude
  10-10  coverage after 12 months following the enrollee's effective date of
  10-11  coverage and may relate only to:
  10-12              (1)  a condition that manifested itself in such a
  10-13  manner as would cause an ordinarily prudent person to seek medical
  10-14  advice, diagnosis, care, or treatment;
  10-15              (2)  a condition for which medical advice, diagnosis,
  10-16  care, or treatment was recommended or received during the six
  10-17  months immediately preceding the effective date of coverage; or
  10-18              (3)  a pregnancy or related condition that existed on
  10-19  the effective date of coverage.
  10-20        (c)  A preexisting condition provision in a basic health
  10-21  benefits policy under this article may not apply to an enrollee
  10-22  who:
  10-23              (1)  was covered under another employer's health
  10-24  benefits plan at the time the individual was eligible to enroll,
  10-25  has lost coverage under another employer's health benefits plan as
  10-26  a result of the termination of employment, the termination of the
  10-27  other plan's coverage, the death of a spouse, or divorce, and
   11-1  requests enrollment within 30 days after termination of coverage
   11-2  provided under another employer's health benefits plan or the
   11-3  continuation of that plan;
   11-4              (2)  is employed by an employer that offers multiple
   11-5  health benefits plans and the enrollee elects a different plan
   11-6  during an open enrollment period; or
   11-7              (3)  is a dependent covered under an eligible
   11-8  employee's basic health benefits plan in accordance with a court
   11-9  order and with respect to whom a request for enrollment is made not
  11-10  later than the 30th day after issuance of the court order.
  11-11        Sec. 8.  RENEWAL.  (a)  Except as provided by Subsection (b)
  11-12  of this section, a small employer carrier shall renew a health
  11-13  benefits plan under this article for all eligible enrollees at the
  11-14  option of the small employer, unless:
  11-15              (1)  the required premiums are not paid;
  11-16              (2)  the small employer commits fraud or
  11-17  misrepresentation relating to the plan or, with respect to coverage
  11-18  of an enrollee, the enrollee or the enrollee's representative
  11-19  commits fraud or misrepresentation relating to the plan;
  11-20              (3)  the small employer does not comply with plan
  11-21  provisions;
  11-22              (4)  the number of enrollees is less than the number
  11-23  required under Section 4 of this article or under the plan; or
  11-24              (5)  the small employer is not actively engaged in the
  11-25  business in which it was engaged on the effective date of the plan.
  11-26        (b)  A small employer carrier may cease to renew all plans
  11-27  under a class of business.  The carrier must provide notice to all
   12-1  affected small employers and to the commissioner of insurance or
   12-2  similar official of each state in which an affected insured
   12-3  individual is known to reside not later than the 90th day before
   12-4  termination of coverage.  A carrier that exercises its right to
   12-5  cease to renew all plans in a class of business may not:
   12-6              (1)  establish a new class of business for six years
   12-7  after the nonrenewal of the plans without prior approval of the
   12-8  commissioner; or
   12-9              (2)  transfer or otherwise provide coverage to any of
  12-10  the employers from the nonrenewed class of business unless the
  12-11  carrier offers to transfer or provide coverage to all affected
  12-12  employers and eligible employees and dependents without regard to
  12-13  case characteristics, claim experience, health status, or duration
  12-14  of coverage.
  12-15        (c)  For purposes of this section, "class of business" means
  12-16  all small employers as shown on the records of the carrier or a
  12-17  distinct grouping of small employers established by the carrier in
  12-18  accordance with Subsections (d), (e), and (f) of this section.
  12-19        (d)  A distinct grouping may only be established by the small
  12-20  employer carrier on the basis that the applicable health benefits
  12-21  plans:
  12-22              (1)  are marketed and sold through individuals and
  12-23  organizations that are not participating in the marketing or sale
  12-24  of other distinct groupings of small employers for the small
  12-25  employer carrier;
  12-26              (2)  have been acquired from another small employer
  12-27  carrier as a distinct grouping of plans;
   13-1              (3)  are provided through an association with
   13-2  membership of not fewer than 15 small employers formed for purposes
   13-3  other than obtaining health benefits; or
   13-4              (4)  are provided to a class of business for which the
   13-5  carrier does not reject, and never has rejected, any small employer
   13-6  in the class of business based on claim experience or health status
   13-7  and for which the carrier does not reject, and never has rejected,
   13-8  an eligible employee or dependent of a covered small employer based
   13-9  on claim experience or health status if the employee or dependent
  13-10  enrolls on a timely basis.
  13-11        (e)  A small employer carrier may divide a distinct grouping
  13-12  established under any of the subdivisions in Subsection (d) of this
  13-13  section into not more than two subgroupings on the basis of
  13-14  underwriting criteria that are expected to produce substantial
  13-15  variation in the health care costs.
  13-16        (f)  The commissioner may approve the establishment of
  13-17  additional distinct groupings on application to the commissioner
  13-18  and finding by the commissioner that establishing additional
  13-19  distinct groupings would enhance the efficiency and fairness of the
  13-20  small employer health benefits marketplace.
  13-21        Sec. 9.  PARTICIPATION.  Not later than the 30th day after
  13-22  the commissioner approves policy forms for the basic health
  13-23  benefits plans under Section 20 of this article, each small
  13-24  employer carrier approved by the commissioner to participate in the
  13-25  program shall offer to small employers both basic health care
  13-26  plans.  Each small employer carrier shall issue the elected plan to
  13-27  each small employer that elects to be covered under either one of
   14-1  the plans and agrees to make the required premium payments and to
   14-2  satisfy the other provisions of that plan.
   14-3        Sec. 10.  PREMIUMS MAY REFLECT CREDIT RISK.  The premium
   14-4  payment requirements for the basic health benefits plans may
   14-5  reflect the potential credit risk of small employers that elect
   14-6  coverage in accordance with Section 9 of this article through
   14-7  payment security provisions that are reasonably related to the risk
   14-8  and are uniformly applied.  The requirements must be approved by
   14-9  the commissioner.
  14-10        Sec. 11.  COVERAGE FOR ELIGIBLE EMPLOYEES.  (a)  A small
  14-11  employer carrier may not deny an eligible employee eligibility in a
  14-12  basic health benefits plan.
  14-13        (b)  A small employer participating in the program must pay
  14-14  at least 25 percent of an eligible employee's premium.  A small
  14-15  employer who pays 100 percent of the eligible employee's premium
  14-16  may require a waiting period for coverage, provided that the
  14-17  waiting period may not exceed 30 days from the first day of the
  14-18  next month following the date of employment.  The effective date of
  14-19  coverage of an eligible employee of a small employer who pays less
  14-20  than 100 percent of the eligible employee's premium may not be
  14-21  later than the first day of the month following the date of
  14-22  employment.
  14-23        Sec. 12.  COVERAGE FOR ELIGIBLE DEPENDENTS.  (a)  A small
  14-24  employer may provide coverage for eligible dependents of the
  14-25  eligible employee.  The small employer is not obligated to pay for
  14-26  dependent coverage.
  14-27        (b)  If a small employer allows coverage of a child, the
   15-1  coverage may not exclude or limit coverage for the child solely
   15-2  because the child is adopted.
   15-3        (c)  Coverage for a child may be provided when:
   15-4              (1)  the eligible employee is a party to a suit in
   15-5  which adoption of the child by the employee is sought; or
   15-6              (2)  the employee or a dependent of the employee has
   15-7  custody of the child under an order by a court of competent
   15-8  jurisdiction that granted the employee or dependent managing
   15-9  conservatorship of the child.
  15-10        (d)  A dependent may not be covered before the effective date
  15-11  of the enrollee's coverage.
  15-12        (e)  A basic health benefits plan may not limit or exclude
  15-13  initial coverage of a newborn, natural child of the employee,
  15-14  except that a small employer may require that the eligible employee
  15-15  cover the employee's spouse, children, or both as a condition to
  15-16  coverage of a newborn child.  Coverage of a newborn, natural child
  15-17  of an enrollee under this subsection terminates after the 31st day
  15-18  after birth unless:
  15-19              (1)  dependent children are eligible for coverage; and
  15-20              (2)  an application and any additional premium is
  15-21  received by the carrier not later than the 31st day after birth.
  15-22        (f)  If the Consolidated Omnibus Budget Reconciliation Act of
  15-23  1985, as amended (Pub. L. No. 99-272, 100 Stat. 222), does not
  15-24  require a small employer to provide continuation coverage or does
  15-25  not impose tax liability on a small employer that fails to provide
  15-26  continuation coverage, an enrollee who has been covered by the
  15-27  small employer for at least one year or who is an infant under one
   16-1  year of age may elect to continue coverage with the small employer
   16-2  if the enrollee loses eligibility for coverage because of the
   16-3  termination, death, divorce, or  retirement of the employee.  To
   16-4  continue coverage under this subsection, the enrollee must notify
   16-5  the small employer of the enrollee's intent to continue coverage
   16-6  not later than the 30th day after the termination, death, divorce,
   16-7  or  retirement of the employee and must timely pay the applicable
   16-8  premium to the small employer.  The small employer may require the
   16-9  enrollee to pay a fee of not more than $5 a month for
  16-10  administrative costs.  Continuation coverage continues until one of
  16-11  the following events occurs:
  16-12              (1)  the enrollee fails to pay the premium on or before
  16-13  the 30th day after the premium is due;
  16-14              (2)  the enrollee obtains other group health insurance
  16-15  or becomes covered by Medicare;
  16-16              (3)  three years have elapsed since the termination,
  16-17  death, divorce, or retirement of the employee; or
  16-18              (4)  the employer is no longer eligible to participate
  16-19  in the program.
  16-20        Sec. 13.  DISCLOSURE.  In connection with the offering for
  16-21  sale of a health benefits plan to a small employer, each small
  16-22  employer carrier shall make a reasonable disclosure, as part of its
  16-23  solicitation and sales materials, of:
  16-24              (1)  the extent to which premium rates for the small
  16-25  employer are established or adjusted in part based on the actual or
  16-26  expected variation in claims costs or actual or expected variation
  16-27  in health condition of the employees and dependents of the
   17-1  employer;
   17-2              (2)  the small employer carrier's right to change
   17-3  premium rates and the factors other than claim experience that
   17-4  affect changes in premium rates;
   17-5              (3)  renewability of policies and contracts; and
   17-6              (4)  any preexisting condition provision.
   17-7        Sec. 14.  INFORMATION RELATING TO CARRIERS' RATING AND
   17-8  RENEWAL PRACTICES.  (a)  Each small employer carrier shall maintain
   17-9  at its principal place of business a complete and detailed
  17-10  description of its rating and renewal practices, including
  17-11  information and documentation that demonstrate that its rating
  17-12  practices are based on commonly accepted actuarial assumptions and
  17-13  are in accordance with sound actuarial principles.
  17-14        (b)  Each small employer carrier shall file with the
  17-15  commissioner on or before March 15 of each year an actuarial
  17-16  certification certifying that the carrier is in compliance with
  17-17  this article and that the rating methods of the small employer
  17-18  carrier are actuarially sound.  The small employer carrier shall
  17-19  keep a copy of the certification at its principal place of
  17-20  business.
  17-21        (c)  Each small employer carrier shall make the information
  17-22  and documentation described by Subsection (a) of this section
  17-23  available to the commissioner on request.  The commissioner may not
  17-24  disclose the information to persons outside of the board except:
  17-25              (1)  as agreed by the small employer carrier;
  17-26              (2)  as ordered by the board;
  17-27              (3)  as ordered by a court of competent jurisdiction;
   18-1  or
   18-2              (4)  in a case in which this article is violated.
   18-3        Sec. 15.  EXEMPTION:  HEALTH MAINTENANCE ORGANIZATION.  (a)
   18-4  A health maintenance organization is not required to offer coverage
   18-5  or accept applications in accordance with this article:
   18-6              (1)  to a small employer that is not physically located
   18-7  in the health maintenance organization's approved service area;
   18-8              (2)  to an employee who does not work or reside within
   18-9  the health maintenance organization's approved service area; or
  18-10              (3)  within an area where the health maintenance
  18-11  organization reasonably anticipates, and demonstrates to the
  18-12  satisfaction of the commissioner, that it will not have the
  18-13  capacity within that area in its network of providers to deliver
  18-14  service adequately to the members of the groups because of its
  18-15  obligations to existing group contract holders and enrollees.
  18-16        (b)  A health maintenance organization that demonstrates that
  18-17  it cannot offer coverage under Subsection (a)(3) of this section
  18-18  may not offer coverage in the applicable area to new employer
  18-19  groups with more than 25 eligible employees or to small employer
  18-20  groups until the later of the 180th day after the refusal to offer
  18-21  coverage or accept an application or the date on which the carrier
  18-22  notifies the commissioner that it has the capacity to deliver
  18-23  services to small employer groups in that area.
  18-24        Sec. 16.  EXEMPTION:  CERTAIN SMALL EMPLOYER CARRIERS.
  18-25  (a)  A small employer carrier is not required to offer coverage or
  18-26  accept applications under this article if the commissioner finds
  18-27  that the acceptance of an application would place the small
   19-1  employer carrier in a financially impaired condition.
   19-2        (b)  A small employer carrier that has refused to offer
   19-3  coverage or accept applications under this section may not offer
   19-4  coverage or accept applications for any group health benefits plan
   19-5  until the 180th day after a determination by the commissioner that
   19-6  the carrier has ceased to be financially impaired.
   19-7        Sec. 17.  TEXAS SMALL EMPLOYER HEALTH REINSURANCE PROGRAM.
   19-8  (a)  The Texas Small Employer Health Reinsurance Program is
   19-9  created.  The program is a nonprofit entity.
  19-10        (b)  A carrier may not provide a health benefits plan to a
  19-11  small employer in this state unless the carrier is approved by the
  19-12  commissioner to participate in the program as a small employer
  19-13  carrier.  A carrier must  certify the election to participate to
  19-14  the commissioner not later than the 45th day after the date on
  19-15  which the carrier begins providing health benefits in this state.
  19-16  For good cause shown, the commissioner may permit a late
  19-17  certification of an election to participate.  In determining
  19-18  whether to approve an election to participate, the commissioner
  19-19  shall consider the carrier's financial condition, including a
  19-20  demonstration of sufficient surplus to support the assumption of
  19-21  risk of small employer groups, its history of assuming and managing
  19-22  risk, its history of financial condition and claim processing in
  19-23  this state, and its ability to participate in the reinsurance
  19-24  program.  A carrier approved by the commissioner is subject to the
  19-25  provisions of this article.  The commissioner shall maintain and
  19-26  publish a list of all members of the program.
  19-27        (c)  The program is administered by a board of directors
   20-1  composed of nine members appointed by the governor and the
   20-2  commissioner or the commissioner's designee, who serves as an ex
   20-3  officio director.  Six directors must be representatives of members
   20-4  and reinsurers and three must be small employers or their
   20-5  employees.  The directors appointed by the governor are appointed
   20-6  to two-year terms that expire on December 31 of each odd-numbered
   20-7  year.  At least one member director must be, to the extent there is
   20-8  such a person in the state willing to serve, a representative of:
   20-9              (1)  a company chartered under Chapter 3 of this code;
  20-10              (2)  a group hospital service corporation; or
  20-11              (3)  a health maintenance organization.
  20-12        (d)  The directors shall submit to the State Board of
  20-13  Insurance a plan of operation for administration of the program.
  20-14  The board shall, after notice and hearing, approve the plan of
  20-15  operation if the board determines the plan is suitable to ensure
  20-16  the fair, reasonable, and equitable administration of the program
  20-17  and provides for the sharing of program gains or losses on an
  20-18  equitable and proportionate basis in accordance with the provisions
  20-19  of this section.  The plan of operation is effective on approval in
  20-20  writing by the board, consistent with the date on which the
  20-21  coverage under this section is made available.
  20-22        (e)  The directors may submit proposed amendments to the plan
  20-23  of operation to  the board.  Amendments to the plan of operation
  20-24  submitted to the board by the directors under this subsection shall
  20-25  be considered approved by the board if not disapproved in writing
  20-26  by the board on or before the 30th day after receipt by the board.
  20-27        (f)  The plan of operation must:
   21-1              (1)  establish procedures for the handling of and
   21-2  accounting for program assets and money and for an annual fiscal
   21-3  report to the commissioner;
   21-4              (2)  establish procedures for the selection of an
   21-5  administering carrier, if one is to be selected, and set forth the
   21-6  powers and duties of any administering carrier;
   21-7              (3)  establish procedures for reinsuring risks in
   21-8  accordance with the provisions of this article;
   21-9              (4)  establish procedures for collecting assessments
  21-10  from members to provide for claims reinsured by the program and for
  21-11  administrative expenses incurred or estimated to be incurred during
  21-12  the period for which the assessment is made;
  21-13              (5)  provide bylaws for the operation of the program;
  21-14  and
  21-15              (6)  provide for additional matters at the discretion
  21-16  of the directors.
  21-17        (g)  The program has the general powers and authority granted
  21-18  under the laws of this state to insurance companies and health
  21-19  maintenance organizations licensed to transact business, except
  21-20  that the program may not issue health benefits plans or other
  21-21  insurance coverage directly to groups or individuals.  The program
  21-22  may:
  21-23              (1)  enter into contracts necessary and proper to carry
  21-24  out the provisions and purposes of this article and may, with the
  21-25  approval of the commissioner, enter into contracts with similar
  21-26  programs in other states for the joint performance of common
  21-27  functions or with persons or other organizations for the
   22-1  performance of administrative functions;
   22-2              (2)  sue or be sued, including taking any legal actions
   22-3  necessary and proper to:
   22-4                    (A)  recover assessments and penalties for or on
   22-5  behalf of the program or any director; or
   22-6                    (B)  avoid the payment of improper claims against
   22-7  the program;
   22-8              (3)  establish rules, conditions, and procedures
   22-9  relating to the reinsurance of members' risks by the program;
  22-10              (4)  establish actuarial functions as appropriate for
  22-11  the operation of the program;
  22-12              (5)  assess members and reinsurers under Section 18 of
  22-13  this article and make reasonable and necessary advance interim
  22-14  assessments for organizational and interim operating expenses,
  22-15  provided that any interim assessments shall be credited as offsets
  22-16  against any regular assessments due following the close of the
  22-17  fiscal year;
  22-18              (6)  appoint from among members appropriate legal,
  22-19  actuarial, and other committees as necessary to provide technical
  22-20  assistance in the operation of the program, policy and other
  22-21  contract design, and any other function within the authority of the
  22-22  program; and
  22-23              (7)  borrow money to effect the purposes of the
  22-24  program, provided that any notes or other evidence of indebtedness
  22-25  of the program not in default shall be legal investments for
  22-26  members and may be carried as admitted assets.
  22-27        (h)  A small employer carrier shall reinsure the coverage of
   23-1  an enrollee if the health benefits plan covering the enrollee has
   23-2  incurred claims with respect to the enrollee greater than the
   23-3  threshold stop-loss amount established under Subsection (j) of this
   23-4  section during any 12-month period beginning either on the
   23-5  effective date of coverage or on any anniversary of the effective
   23-6  date of coverage.  Claims in each 12-month period up to and
   23-7  including the threshold stop-loss amount are the responsibility of
   23-8  the health benefits plan and are not subject to reinsurance.  The
   23-9  directors may adopt other requirements to control the volume of
  23-10  claims subject to reinsurance.
  23-11        (i)  If a small employer reinsures the coverage of an
  23-12  enrollee under Subsection (h) of this section, the program shall
  23-13  reimburse a member in a manner and in an amount as established
  23-14  under Subsection (j) of this section.  The program may not
  23-15  reimburse a member for claims for benefits other than those
  23-16  provided under the basic health benefits plans.
  23-17        (j)  Before each fiscal year, the directors shall establish
  23-18  the individual threshold stop-loss amounts for reinsurance
  23-19  eligibility and the stop-loss charges that will apply during the
  23-20  fiscal year in accordance with the following requirements:
  23-21              (1)  all small employer carriers shall participate in
  23-22  the reinsurance pool;
  23-23              (2)  claims of all small employers whose basic health
  23-24  benefits plans become effective on or after the effective date of
  23-25  the reinsurance pool are subject to reinsurance;
  23-26              (3)  the individual stop-loss amount is determined by
  23-27  the size of the small employer, provided that the small employers
   24-1  with the largest enrollments must have higher dollar maximums to be
   24-2  satisfied before transferring risk to the reinsurance pool; and
   24-3              (4)  members shall retain 10 percent of the claim
   24-4  liability in excess of the stop-loss charges.
   24-5        Sec. 18.  REINSURANCE PROGRAM FUNDING.  (a)  The reinsurance
   24-6  program shall be funded through three sources:
   24-7              (1)  the pooling charge or charge for transferring
   24-8  liability to the reinsurance program;
   24-9              (2)  an assessment to small employer carriers; and
  24-10              (3)  an assessment on reinsurers doing business in this
  24-11  state.
  24-12        (b)  The pooling charge must be established by the directors
  24-13  and approved by the commissioner.
  24-14        (c)  After each fiscal year, the directors or, if an
  24-15  administering carrier has been selected, the administering carrier
  24-16  shall determine the program net loss for the year, the program
  24-17  expenses of administration, and the incurred losses for the year,
  24-18  taking into account pooling charges, investment income, and other
  24-19  appropriate gains and losses.  Any net loss for the year shall be
  24-20  recouped by assessments divided equally between members and
  24-21  reinsurers.
  24-22        (d)  In determining net loss under Subsection (c) of this
  24-23  section, the directors may  not consider expenses of administration
  24-24  that exceed 12.5 percent of the gross premium receipts for the
  24-25  coverages reinsured by the program.
  24-26        (e)  The directors shall apportion assessments among the
  24-27  members in proportion to their respective shares of the total
   25-1  health benefits plan premiums earned in this state from health
   25-2  benefits plans covering small employers during the calendar year
   25-3  coinciding with or ending during the fiscal year of the program, or
   25-4  on any other equitable basis reflecting coverage of small employers
   25-5  as may be provided in the plan of operation.  The directors shall
   25-6  apportion assessments among the reinsurers in proportion to their
   25-7  respective shares of the reinsurance market premiums earned in this
   25-8  state from reinsuring health benefits plans during the calendar
   25-9  year coinciding with or ending during the fiscal year of the
  25-10  program, or on any other equitable basis reflecting coverage in the
  25-11  reinsurance market.
  25-12        (f)  Health benefits plan premiums and benefits paid by a
  25-13  member or reinsurer that are less than an amount determined by the
  25-14  directors to justify the cost of collection shall not be considered
  25-15  for purposes of determining assessments.  For purposes of this
  25-16  subsection, "net premiums" means health benefits plan premiums less
  25-17  administrative expense allowances.  Health benefits plan premiums
  25-18  earned by multiple employer welfare arrangements and, to the extent
  25-19  permitted by the Employee Retirement Income Security Act of 1974
  25-20  (29 U.S.C. Section  1001 et seq.), health benefit arrangements that
  25-21  are self-insured in whole or in part by a small employer shall be
  25-22  established by adding paid health losses and administrative
  25-23  expenses of the multiple employer welfare arrangement or
  25-24  self-insured benefit arrangement.
  25-25        (g)  If assessments exceed actual losses and administrative
  25-26  expenses of the program, the excess shall be held and used by the
  25-27  directors to offset future losses or to reduce program premiums.
   26-1  For purposes of this subsection, "future losses" includes reserves
   26-2  for incurred but unreported claims.
   26-3        (h)  Each member's and reinsurer's portion of the assessment
   26-4  shall be determined annually by the directors based on annual
   26-5  statements and other reports deemed necessary by the directors and
   26-6  filed by the member.  Multiple employer welfare arrangements and,
   26-7  to the extent permitted by the Employee Retirement Income Security
   26-8  Act of 1974 (29 U.S.C. Section 1001 et seq.), health benefit
   26-9  arrangements that are self-insured in whole or in part by a small
  26-10  employer shall report to the directors claims payments made and
  26-11  administrative expenses incurred in this state on an annual basis
  26-12  on a form prescribed by the commissioner.
  26-13        (i)  The plan of operation must provide for the imposition of
  26-14  an interest penalty for late payment of assessments.
  26-15        (j)  A member or reinsurer may petition the commissioner for
  26-16  a deferment in whole or in part of an assessment.  The commissioner
  26-17  may defer the assessment in whole or in part if, in the opinion of
  26-18  the commissioner, the payment of the assessment would place the
  26-19  member or reinsurer in a financially impaired condition.  If an
  26-20  assessment against a member or reinsurer is deferred, the amount by
  26-21  which the assessment is deferred may be assessed against the other
  26-22  members and reinsurers in a manner consistent with the basis for
  26-23  assessment set forth in this section.  A member or reinsurer
  26-24  receiving a deferment may not write or cede any new business under
  26-25  the program until certified by the commissioner as no longer in a
  26-26  financially impaired condition.  A member or reinsurer receiving a
  26-27  deferment is liable to the program for the amount deferred and is
   27-1  prohibited from reinsuring a group in the program until the
   27-2  assessment is paid.
   27-3        (k)  A member that pays an assessment under the program is
   27-4  entitled to exempt the premium income received under the program
   27-5  from assessments required under Section 9, Article 21.28-D, of this
   27-6  code.
   27-7        (l)  Participation in the program as members, establishment
   27-8  of rates, reinsurance, forms, or procedures, and any other joint or
   27-9  collective action required by this article may not be the basis of
  27-10  any criminal or civil liability or penalty against the program or
  27-11  its members or directors, either jointly or separately.
  27-12        (m)  The program is exempt from all taxes.
  27-13        Sec. 19.  RULES.  The commissioner shall adopt rules
  27-14  requiring:
  27-15              (1)  registration by each carrier with the commissioner
  27-16  of its intention to be a small employer carrier under this article;
  27-17              (2)  publication by the department of a list of all
  27-18  small employer carriers that may include a requirement applicable
  27-19  to agents and carriers that a health benefits plan may not be sold
  27-20  by a carrier not identified as a small employer carrier;
  27-21              (3)  maintenance by the department of a broadly
  27-22  publicized toll-free telephone number for access by small employers
  27-23  to information concerning this article;
  27-24              (4)  to the extent considered necessary by the
  27-25  commissioner to ensure the fair distribution of high-risk
  27-26  individuals and groups among carriers, periodic reports by carriers
  27-27  and agents concerning health benefits plans issued, provided that
   28-1  reporting requirements shall be limited to information concerning
   28-2  case characteristics and numbers of health benefits plans in
   28-3  various categories marketed or issued to small employers;
   28-4              (5)  registration by agents of the intention to be
   28-5  agents for health benefits plans marketed or issued to small
   28-6  employers under this article; and
   28-7              (6)  periodic demonstration by small employer carriers
   28-8  and agents that they are marketing and issuing health benefits
   28-9  plans to small employers in fulfillment of the purposes of this
  28-10  article.
  28-11        Sec. 20.  APPROVAL OF POLICY FORMS.  (a)  Except as provided
  28-12  by Subsection (b) of this section, a small employer carrier may not
  28-13  use a policy form for a basic health benefits plan unless the
  28-14  policy form has been approved by the commissioner.
  28-15        (b)  After the commissioner has approved policy forms for the
  28-16  basic health benefits plans, a small employer carrier may certify
  28-17  to the commissioner, in accordance with rules adopted by the board,
  28-18  that policy forms for basic health benefits plans to be used by the
  28-19  carrier comply with the approved policy forms.   On receipt by the
  28-20  commissioner of the certification, the carrier may use the
  28-21  carrier's forms unless the commissioner disapproves their continued
  28-22  use.
  28-23        Sec. 21.  EVALUATION OF EFFECTIVENESS OF ARTICLE.  The
  28-24  commissioner shall conduct a study of the effectiveness of the
  28-25  provisions of this article, recommend further improvements to
  28-26  achieve greater stability, accessibility, and affordability in the
  28-27  small employer marketplace, and, not later than September 1, 1996,
   29-1  submit the recommendations to the lieutenant governor and the
   29-2  speaker of the house of representatives.  This section expires
   29-3  December 31, 1996.
   29-4        SECTION 2.  This Act takes effect September 1, 1993.
   29-5        SECTION 3.  A carrier that is providing health benefits in
   29-6  this state on the effective date of this Act and that desires to
   29-7  participate in the Texas Small Employer Health Reinsurance Program
   29-8  established under Article 3.51-6E, Insurance Code, as added by this
   29-9  Act, shall certify its election to participate not later than
  29-10  October 15, 1993.  For good cause, the commissioner of insurance
  29-11  may permit a late certification of an election to participate.
  29-12        SECTION 4.  (a)  Not later than the 90th day after the
  29-13  appointment of a majority of the initial members of the board of
  29-14  directors of the Texas Small Employer Health Reinsurance Program
  29-15  established under Article 3.51-6E, Insurance Code, as added by this
  29-16  Act, the commissioner of insurance shall give notice to all small
  29-17  employer carriers participating in the program and to all members
  29-18  of the board of directors of the time and place for the initial
  29-19  organizational meeting.
  29-20        (b)  The organizational meeting shall take place not later
  29-21  than the 30th day after the date notice is given.
  29-22        (c)  Not later than the 90th day after the organizational
  29-23  meeting is held, the board of directors shall submit the initial
  29-24  plan of operation to the State Board of Insurance for approval in
  29-25  accordance with Section 17, Article 3.51-6E, Insurance Code, as
  29-26  added by this Act.  If the board of directors fails to submit a
  29-27  plan of operation acceptable to the State Board of Insurance before
   30-1  the 91st day after the organizational meeting is held, the State
   30-2  Board of Insurance shall, after notice and hearing, adopt a
   30-3  temporary plan of operation.  The State Board of Insurance shall
   30-4  amend or rescind a plan adopted under this section at the time the
   30-5  State Board of Insurance approves a plan submitted by the board of
   30-6  directors.
   30-7        SECTION 5.  This Act applies only to a basic health benefits
   30-8  plan provided under an insurance policy that is delivered, issued
   30-9  for delivery, or renewed on or after January 1, 1994.  A policy
  30-10  that is delivered, issued for delivery, or renewed before January
  30-11  1, 1994, is governed by the law as it existed immediately before
  30-12  the effective date of this Act, and that law is continued in effect
  30-13  for that purpose.
  30-14        SECTION 6.  The importance of this legislation and the
  30-15  crowded condition of the calendars in both houses create an
  30-16  emergency   and   an   imperative   public   necessity   that   the
  30-17  constitutional rule requiring bills to be read on three several
  30-18  days in each house be suspended, and this rule is hereby suspended.