By:  Turner, Bob                                       H.B. No. 645
       73R2117 DLF-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to review of laws and proposed laws mandating certain
    1-3  health benefit coverages.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter E, Chapter 21, Insurance Code, is
    1-6  amended by adding Article 21.52C to read as follows:
    1-7        Art. 21.52C.  REVIEW OF MANDATED COVERAGE IN HEALTH BENEFIT
    1-8  PLANS
    1-9        Sec. 1.  DEFINITIONS.  In this article:
   1-10              (1)  "Commissioner" means the commissioner of health.
   1-11              (2)  "Health benefit plan" means:
   1-12                    (A)  an individual, group, blanket, or franchise
   1-13  insurance policy, insurance agreement, or group hospital service
   1-14  contract that provides benefits for medical or surgical expenses
   1-15  incurred as a result of an accident or sickness; or
   1-16                    (B)  an evidence of coverage or group subscriber
   1-17  contract issued by a health maintenance organization.
   1-18              (3)  "Mandated benefit provision" means a provision of
   1-19  law that requires a health benefit plan to:
   1-20                    (A)  cover a particular health care service or
   1-21  provide a particular benefit;
   1-22                    (B)  cover a particular class of persons; or
   1-23                    (C)  provide for the reimbursement, use, or
   1-24  consideration of a particular category of health care
    2-1  practitioners.
    2-2              (4)  "Panel" means the mandated benefit review panel
    2-3  appointed under this article.
    2-4              (5)  "Sponsor's report" means the report filed with the
    2-5  panel under Section 4 of this article.
    2-6        Sec. 2.  MANDATED BENEFIT REVIEW PANEL.  (a)  The mandated
    2-7  benefit review panel is composed of three senior researchers
    2-8  appointed by the commissioner.  Two members of the panel must be
    2-9  experts in health research or biostatistics and must serve on the
   2-10  faculty of a university located in this state.
   2-11        (b)  Members of the panel serve staggered six-year terms,
   2-12  with the term of one member expiring February 1 of each
   2-13  odd-numbered year.  If there is a vacancy during a term, the
   2-14  commissioner shall appoint a replacement who meets the
   2-15  qualifications of the vacated office to fill the unexpired term.
   2-16        (c)  A member of the panel is not entitled to compensation
   2-17  but is entitled to reimbursement for actual and necessary expenses
   2-18  incurred in performing duties as a member of the panel at the rate
   2-19  provided for that reimbursement by the General Appropriations Act.
   2-20        (d)  The Texas Department of Health shall provide staff for
   2-21  the panel in accordance with legislative appropriation.
   2-22        Sec. 3.  REFERRAL OF BILL.  The presiding officer of either
   2-23  house of the legislature shall refer a bill proposing a mandated
   2-24  benefit provision or an amendment to a mandated benefit provision
   2-25  to the panel for a review and report in accordance with this
   2-26  article.
   2-27        Sec. 4.  SPONSOR'S REPORT.  Not later than the fifth day
    3-1  after the date a bill is referred to the panel, the sponsor of the
    3-2  bill or a person designated by the sponsor shall submit to the
    3-3  panel a report that meets the requirements of Section 5 of this
    3-4  article.
    3-5        Sec. 5.  CONTENTS OF SPONSOR'S REPORT.  (a)  The sponsor's
    3-6  report must address:
    3-7              (1)  the extent to which a health care service for
    3-8  which coverage would be mandated is needed by, available to, and
    3-9  used by the population of this state;
   3-10              (2)  whether coverage for the health care service is
   3-11  usually provided and, if not, the extent to which the lack of
   3-12  coverage results in inadequate health care or major financial
   3-13  hardship;
   3-14              (3)  whether there is a demand for the coverage for the
   3-15  health care service from members of the public or in collective
   3-16  bargaining agreements;
   3-17              (4)  the extent to which the bill would increase or
   3-18  decrease the cost of treatment;
   3-19              (5)  the manner in which similar mandated benefit
   3-20  provisions enacted in other states have affected health care and
   3-21  health insurance costs in those states;
   3-22              (6)  the extent to which the bill would increase the
   3-23  appropriate use of a health care service or practitioner;
   3-24              (7)  the extent to which a service for which coverage
   3-25  would be required is a substitute for any more expensive service
   3-26  and for any less expensive service;
   3-27              (8)  the extent to which the bill would increase or
    4-1  decrease the administrative expenses of companies that issue health
    4-2  benefit plans and the premiums and administrative expenses charged
    4-3  to persons covered under health benefit plans;
    4-4              (9)  the comparative value of any mandated benefit
    4-5  provision that is in effect at the time the sponsor's report is
    4-6  made and that provides for:
    4-7                    (A)  coverage for a health care service that
    4-8  serves a function similar to the service that would be covered
    4-9  under the bill; or
   4-10                    (B)  the reimbursement, use, or consideration of
   4-11  a particular category of health care practitioners authorized to
   4-12  provide services that would be provided by the category of health
   4-13  care practitioners required to be reimbursed, used, or considered
   4-14  under the bill;
   4-15              (10)  the financial impact of the bill on small-,
   4-16  medium-, and large-sized employers; and
   4-17              (11)  the impact of the bill on the total cost of
   4-18  health care.
   4-19        (b)  The sponsor's report must include research evidencing
   4-20  the medical efficacy of the health care service.
   4-21        (c)  If the bill would require coverage for a particular
   4-22  therapy, the research reported under Subsection (b) of this section
   4-23  must include:
   4-24              (1)  the results of at least one professionally
   4-25  acceptable controlled trial demonstrating the medical consequences
   4-26  of that therapy compared to not applying any therapy and to
   4-27  alternative therapies; and
    5-1              (2)  the results of any other relevant research.
    5-2        (d)  If the bill would require the reimbursement, use, or
    5-3  consideration of a particular category of health care
    5-4  practitioners, the research reported under Subsection (b) of this
    5-5  section must include:
    5-6              (1)  the results of at least one professionally
    5-7  acceptable controlled trial demonstrating the medical results
    5-8  achieved by that category of practitioners in relation to
    5-9  practitioners who already are reimbursed under health benefit
   5-10  plans; and
   5-11              (2)  the results of any other relevant research.
   5-12        Sec. 6.  PANEL'S REPORT.  (a)  Not later than the 30th day
   5-13  after the date the bill is referred to the panel, the panel shall
   5-14  issue a report on the sponsor's report in accordance with
   5-15  Subsection (c) of this section.
   5-16        (b)  The panel shall provide a copy of the panel's report to
   5-17  the presiding officer of each house of the legislature and to the
   5-18  commissioner of insurance.
   5-19        (c)  The panel's report must state whether:
   5-20              (1)  the sponsor's report is complete and addresses
   5-21  each item required under Section 5 of this article;
   5-22              (2)  research cited in the sponsor's report meets
   5-23  professional standards;
   5-24              (3)  the sponsor's report cites all relevant research;
   5-25  and
   5-26              (4)  the conclusions and interpretations drawn in the
   5-27  sponsor's report are consistent with the information presented in
    6-1  the sponsor's report.
    6-2        (d)  If the panel finds the sponsor's report is deficient,
    6-3  the panel's report must identify the deficiencies.
    6-4        (e)  The panel's report may not comment on the merits or
    6-5  desirability of the bill.
    6-6        Sec. 7.  REPORT ON EXISTING MANDATED BENEFIT PROVISIONS.  (a)
    6-7  Not later than February 1 of each odd-numbered year, the panel
    6-8  shall issue a report in accordance with Subsection (c) of this
    6-9  section on each mandated benefit provision that is expressly
   6-10  subject to this article and that is in effect on the date the
   6-11  report is issued.
   6-12        (b)  The panel shall provide a copy of the panel's report to
   6-13  the presiding officer of each house of the legislature and to the
   6-14  commissioner of insurance.
   6-15        (c)  The panel's report issued under this section must
   6-16  address:
   6-17              (1)  the extent to which the health care service for
   6-18  which coverage is mandated is needed by, available to, and used by
   6-19  the population of this state;
   6-20              (2)  the extent to which the mandated benefit provision
   6-21  increases or decreases the cost of treatment;
   6-22              (3)  the extent to which the mandated benefit provision
   6-23  increases the appropriate use of a health care service or
   6-24  practitioner;
   6-25              (4)  the extent to which a service for which coverage
   6-26  is required is a substitute for any more expensive service and for
   6-27  any less expensive service;
    7-1              (5)  the extent to which the mandated benefit provision
    7-2  increases or decreases the administrative expenses of companies
    7-3  that issue health benefit plans and the premiums and administrative
    7-4  expenses charged to persons covered under health benefit plans;
    7-5              (6)  the comparative value of any other mandated
    7-6  benefit provision that is in effect at the time the panel's report
    7-7  is made and that provides for:
    7-8                    (A)  coverage for a health care service that
    7-9  serves a function similar to the service that is covered under the
   7-10  mandated benefit provision; or
   7-11                    (B)  the reimbursement, use, or consideration of
   7-12  a particular category of health care practitioners authorized to
   7-13  provide services that would be provided by the category of health
   7-14  care practitioners required to be reimbursed, used, or considered
   7-15  under the mandated benefit provision;
   7-16              (7)  the financial impact of the mandated benefit
   7-17  provision on small-, medium-, and large-sized employers; and
   7-18              (8)  the impact of the mandated benefit provision on
   7-19  the total cost of health care.
   7-20        (d)  The panel's report must include research evidencing the
   7-21  medical efficacy of the health care service.
   7-22        (e)  If the mandated benefit provision requires coverage for
   7-23  a particular therapy, the research reported under Subsection (d) of
   7-24  this section must include:
   7-25              (1)  the results of at least one professionally
   7-26  acceptable controlled trial demonstrating the medical consequences
   7-27  of that therapy compared to not applying any therapy and to
    8-1  alternative therapies; and
    8-2              (2)  the results of any other relevant research.
    8-3        (f)  If the mandated benefit provision requires the
    8-4  reimbursement, use, or consideration of a particular category of
    8-5  health care practitioners, the research reported under Subsection
    8-6  (d) of this section must include:
    8-7              (1)  the results of at least one professionally
    8-8  acceptable controlled trial demonstrating the medical results
    8-9  achieved by that category of practitioners in relation to
   8-10  practitioners who already are reimbursed under health benefit
   8-11  plans; and
   8-12              (2)  the results of any other relevant research.
   8-13        Sec. 8.  EXPIRATION OF MANDATED BENEFIT PROVISION; EFFECT OF
   8-14  EXPIRATION.  (a)  A mandated benefit provision that is expressly
   8-15  subject to this article expires on September 1 of any odd-numbered
   8-16  year in which the provision is in effect, unless extended under
   8-17  Section 9 of this article.
   8-18        (b)  The expiration of a mandated benefit provision in
   8-19  accordance with Subsection (a) of this section applies only to a
   8-20  health benefit plan that is delivered, issued for delivery, or
   8-21  renewed on or after January 1 of the year following the year in
   8-22  which the mandated benefit provision expired.  A plan that is
   8-23  delivered, issued for delivery, or renewed before that date is
   8-24  governed by the law as it existed immediately before the date on
   8-25  which the provision expired, and that law is continued in effect
   8-26  for that purpose.
   8-27        Sec. 9.  CONTINUATION BY LAW.  During the regular legislative
    9-1  session immediately before the expiration of a mandated benefit
    9-2  provision that is expressly subject to this article, the
    9-3  legislature may continue the provision for a period not to exceed
    9-4  two years.
    9-5        Sec. 10.  MANDATED BENEFIT RULE.  (a)  The panel shall also
    9-6  issue the report required by Section 7 of this article for each
    9-7  mandated benefit rule.
    9-8        (b)  In this section, "mandated benefit rule" means a rule
    9-9  adopted by the board or the commissioner that requires a health
   9-10  benefit plan to:
   9-11              (1)  cover a particular health care service or to
   9-12  provide a particular benefit;
   9-13              (2)  cover a particular class of persons; or
   9-14              (3)  provide for the reimbursement, use, or
   9-15  consideration of a particular category of health care
   9-16  practitioners.
   9-17        SECTION 2.  Article 3.42B, Insurance Code, is amended to read
   9-18  as follows:
   9-19        Art. 3.42B.  BENEFITS PAYABLE TO CERTAIN HOSPITALS.  (a)
   9-20  After the effective date of this Act, no insurance policy issued or
   9-21  delivered in this state providing hospital, nursing, medical, or
   9-22  surgical coverage may include a provision which would prevent
   9-23  payment of benefits for expenses of a person who is a non-indigent
   9-24  patient incurred in a hospital facility owned or controlled by the
   9-25  state government or by any unit of local government, provided
   9-26  charges for such expenses are regularly and customarily charged to
   9-27  and collected from non-indigent persons by such hospital facility.
   10-1        (b)  The provisions of this article shall not apply to
   10-2  indigent care nor to chronic disease care, in an eleemosynary
   10-3  institution, sanitarium, sanitorium, mental treatment facility of
   10-4  every type, tuberculosis treatment facility of every type, and
   10-5  cancer treatment facility of every type, where any such care is
   10-6  provided in or by any such facility (regardless of the type or
   10-7  name) owned or controlled by the state government or by any unit of
   10-8  local government.
   10-9        (c)  Article 21.52C of this code applies to this article.
  10-10  This article expires September 1, 1995, in accordance with Section
  10-11  8, Article 21.52C of this code.
  10-12        SECTION 3.  Section 5, Texas Employees Uniform Group
  10-13  Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
  10-14  Code), is amended by adding Subsection (k) to read as follows:
  10-15        (k)  Article 21.52C, Insurance Code, applies to Subsection
  10-16  (j) of this section.  This subsection and Subsection (j) of this
  10-17  section expire September 1, 1995, in accordance with Section 8,
  10-18  Article 21.52C, Insurance Code.
  10-19        SECTION 4.  Section 4C, Texas State College and University
  10-20  Employees Uniform Insurance Benefits Act (Article 3.50-3, Vernon's
  10-21  Texas Insurance Code), is amended to read as follows:
  10-22        Sec. 4C.  EXCLUDING OR LIMITING CERTAIN COVERAGES PROHIBITED.
  10-23  (a)  An institution, in contracting for group insurance or health
  10-24  maintenance organization coverage or in self-insuring its own
  10-25  coverage, may not contract for or provide in that coverage:
  10-26              (1)  an exclusion or limitation on coverage or services
  10-27  for acquired immune deficiency syndrome, as defined by the Centers
   11-1  for Disease Control of the United States Public Health Service, or
   11-2  human immunodeficiency virus infection; or
   11-3              (2)  <provides> coverage for serious mental illness
   11-4  that is less extensive than the coverage provided for any other
   11-5  physical illness.
   11-6        (b)  Article 21.52C, Insurance Code, applies to this section.
   11-7  This section expires September 1, 1995, in accordance with Section
   11-8  8, Article 21.52C, Insurance Code.
   11-9        SECTION 5.  Article 3.51-5A, Insurance Code, is amended by
  11-10  adding Subsection (c) to read as follows:
  11-11        (c)  Article 21.52C of this code applies to this article.
  11-12  This article expires September 1, 1995, in accordance with Section
  11-13  8, Article 21.52C, of this code.
  11-14        SECTION 6.  Article 3.51-6, Insurance Code, is amended by
  11-15  redesignating Section 3C, as added by Section 10, Chapter 1041,
  11-16  Acts of the 71st Legislature, Regular Session, 1989, as Section 3F
  11-17  and by adding Section 6 to read as follows:
  11-18        Sec. 3F <3C>.  (a)  An employer that provides to its
  11-19  employees group accident and health insurance coverage that
  11-20  includes a conversion or group continuation privilege on
  11-21  termination of coverage shall give written notice to each employee,
  11-22  member, or dependent insured under the group and affected by the
  11-23  termination of this conversion or group continuation privileges
  11-24  under the policy.
  11-25        (b)  The State Board of Insurance by rule shall establish
  11-26  minimum standards for the notice required by this section.
  11-27        Sec. 6.  Article 21.52C of this code applies to Sections
   12-1  1(d)(3), 3A, 3B, 3C, 3D, and 3E of this article.  This section and
   12-2  Sections 1(d)(3), 3A, 3B, 3C, 3D, and 3E of this article expire
   12-3  September 1, 1995, in accordance with Section 8, Article 21.52C, of
   12-4  this code.
   12-5        SECTION 7.  Article 3.51-6A, Insurance Code, is amended by
   12-6  adding Section 7 to read as follows:
   12-7        Sec. 7.  EXPIRATION OF CERTAIN SECTIONS.  Article 21.52C of
   12-8  this code applies to Sections 5 and 6 of this article.  This
   12-9  section and Sections 5 and 6 of this article expire September 1,
  12-10  1995, in accordance with Section 8, Article 21.52C, of this code.
  12-11        SECTION 8.  Article 3.51-8, Insurance Code, is amended by
  12-12  adding Subdivision (j) to read as follows:
  12-13              (j)  Article 21.52C of this code applies to this
  12-14  article.  This article expires September 1, 1995, in accordance
  12-15  with Section 8, Article 21.52C, of this code.
  12-16        SECTION 9.  Article 3.51-9, Insurance Code, is amended by
  12-17  adding Section 4 to read as follows:
  12-18        Sec. 4.  EXPIRATION.  Article 21.52C of this code applies to
  12-19  this article.  This article expires September 1, 1995, in
  12-20  accordance with Section 8, Article 21.52C, of this code.
  12-21        SECTION 10.  Article 3.51-14, Insurance Code, is amended by
  12-22  adding Section 4 to read as follows:
  12-23        Sec. 4.  EXPIRATION.  Article 21.52C of this code applies to
  12-24  this article.  This article expires September 1, 1995, in
  12-25  accordance with Section 8, Article 21.52C, of this code.
  12-26        SECTION 11.  Section 2, Chapter 397, Acts of the 54th
  12-27  Legislature, Regular Session, 1955 (Article 3.70-2, Vernon's Texas
   13-1  Insurance Code), is amended by redesignating Subsection (H), as
   13-2  amended by Chapter 1091, Acts of the 70th Legislature, Regular
   13-3  Session, 1987, as Subsection (J) and by adding Subsection (N) to
   13-4  read as follows:
   13-5        (J) <(H)>  In this section, "low-dose mammography" means the
   13-6  X-ray examination of the breast using equipment dedicated
   13-7  specifically for mammography, including the X-ray tube, filter,
   13-8  compression device, screens, films, and cassettes, with an average
   13-9  radiation exposure delivery of less than one rad mid-breast, with
  13-10  two views for each breast.  Each individual policy or group policy
  13-11  of accident and sickness insurance that covers a female 35 years
  13-12  old or older and that is delivered, issued for delivery, or renewed
  13-13  in this state, except for policies that provide coverage for
  13-14  specified disease or other limited benefit coverage but including
  13-15  policies issued by companies subject to Chapter 20, Insurance Code,
  13-16  must include coverage for an annual screening by low-dose
  13-17  mammography for the presence of occult breast cancer within the
  13-18  provisions of the policy that is not less favorable than for other
  13-19  radiological examinations and subject to the same dollar limits,
  13-20  deductibles, and co-insurance factors.
  13-21        (N)  Article 21.52C of this code applies to Subsections (B),
  13-22  (C), (D), (E), (F), (G), (H), (J), and (L) of this article.  This
  13-23  subsection and Subsections (B), (C), (D), (E), (F), (G), (H), (J),
  13-24  and (L) of this article expire September 1, 1995, in accordance
  13-25  with Section 8, Article 21.52C, of this code.
  13-26        SECTION 12.  Article 3.70-3B, Insurance Code, is amended by
  13-27  adding Section 4 to read as follows:
   14-1        Sec. 4.  Article 21.52C of this code applies to this article.
   14-2  This article expires September 1, 1995, in accordance with Section
   14-3  8, Article 21.52C, of this code.
   14-4        SECTION 13.  Article 3.72, Insurance Code, is amended by
   14-5  adding Subsection (h) to read as follows:
   14-6        (h)  Article 21.52C of this code applies to this article.
   14-7  This article expires September 1, 1995, in accordance with Section
   14-8  8, Article 21.52C, of this code.
   14-9        SECTION 14.  Section 3A, Article 3.74, Insurance Code, is
  14-10  amended by adding Subsection (c) to read as follows:
  14-11        (c)  Article 21.52C of this code applies to this section.
  14-12  This section expires September 1, 1995, in accordance with Section
  14-13  8, Article 21.52C, of this code.
  14-14        SECTION 15.  Article 3.79, Insurance Code, is amended by
  14-15  adding Section 3 to read as follows:
  14-16        Sec. 3.  EXPIRATION.  Article 21.52C of this code applies to
  14-17  this article.  This article expires September 1, 1995, in
  14-18  accordance with Section 8, Article 21.52C, of this code.
  14-19        SECTION 16.  Article 21.52, Insurance Code, is amended by
  14-20  adding Section 4 to read as follows:
  14-21        Sec. 4.  EXPIRATION.  Article 21.52C of this code applies to
  14-22  this article.  This article expires September 1, 1995, in
  14-23  accordance with Section 8, Article 21.52C, of this code.
  14-24        SECTION 17.  Article 21.52A, Insurance Code, is amended to
  14-25  read as follows:
  14-26        Art. 21.52A.  CERTIFICATION BY PODIATRIST.  (a)  An insurance
  14-27  policy that is delivered, issued for delivery, or renewed in this
   15-1  state and that provides benefits covering loss of income based on
   15-2  an acute and temporary disability caused by sickness or injury may
   15-3  not deny payment of those benefits on the ground that the acute and
   15-4  temporary disability is certified or attested to by a podiatrist
   15-5  licensed by the Texas State Board of Podiatry Examiners if the
   15-6  acute and temporary disability is caused by a sickness or injury
   15-7  that may be treated by acts performed by a licensed podiatrist
   15-8  under the scope of that license.
   15-9        (b)  Article 21.52C of this code applies to this article.
  15-10  This article expires September 1, 1995, in accordance with Section
  15-11  8, Article 21.52C, of this code.
  15-12        SECTION 18.  Section 21.53A, Insurance Code, is amended by
  15-13  adding Subsection (f) to read as follows:
  15-14        (f)  Article 21.52C of this code applies to this article.
  15-15  This article expires September 1, 1995, in accordance with Section
  15-16  8, Article 21.52C, of this code.
  15-17        SECTION 19.  In making the initial appointments to the
  15-18  mandated benefit review panel created under Article 21.52C,
  15-19  Insurance Code, as added by this Act, the commissioner of health
  15-20  shall appoint one member for a term expiring February 1, 1995, one
  15-21  member for a term expiring February 1, 1997, and one member for a
  15-22  term expiring February 1, 1999.
  15-23        SECTION 20.  This Act takes effect September 1, 1993.
  15-24        SECTION 21.  The importance of this legislation and the
  15-25  crowded condition of the calendars in both houses create an
  15-26  emergency and an imperative public necessity that the
  15-27  constitutional rule requiring bills to be read on three several
   16-1  days in each house be suspended, and this rule is hereby suspended.