H.B. No. 2055
    1-1                                AN ACT
    1-2  relating to health insurance and health costs and the availability
    1-3  of health insurance coverage for certain individuals and small
    1-4  employers.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  The Insurance Code is amended by adding Chapter
    1-7  26 to read as follows:
    1-8              CHAPTER 26.  HEALTH INSURANCE AVAILABILITY
    1-9                   SUBCHAPTER A.  GENERAL PROVISIONS
   1-10        Art. 26.01.  SHORT TITLE.  This chapter may be cited as the
   1-11  Small Employer Health Insurance Availability Act.
   1-12        Art. 26.02.  DEFINITIONS.  In this chapter:
   1-13              (1)  "Affiliated employer" means a person connected by
   1-14  commonality of ownership with a small employer.  The term includes
   1-15  a person that owns a small employer, shares directors with a small
   1-16  employer, or is eligible to file a consolidated tax return with a
   1-17  small employer.
   1-18              (2)  "Agent" means a person who may act as an agent for
   1-19  the sale of a health benefit plan under a license issued under
   1-20  Section 15 or 15A, Texas Health Maintenance Organization Act
   1-21  (Article 20A.15 or 20A.15A, Vernon's Texas Insurance Code), or
   1-22  under Subchapter A, Chapter 21, of this code.
   1-23              (3)  "Base premium rate" means, for each class of
    2-1  business and for a specific rating period, the lowest premium rate
    2-2  that is charged or that could be charged under a rating system for
    2-3  that class of business by the small employer carrier to small
    2-4  employers with similar case characteristics for small employer
    2-5  health benefit plans with the same or similar coverage.
    2-6              (4)  "Board of directors" means the board of directors
    2-7  of the Texas Health Reinsurance System.
    2-8              (5)  "Case characteristics" means, with respect to a
    2-9  small employer, the geographic area in which that employer's
   2-10  employees reside, the age and gender of the individual employees
   2-11  and their dependents, the appropriate industry classification as
   2-12  determined by the small employer carrier, the number of employees
   2-13  and dependents, and other objective criteria as established by the
   2-14  small employer carrier that are considered by the small employer
   2-15  carrier in setting premium rates for that small employer.  The term
   2-16  does not include claim experience, health status, duration of
   2-17  coverage since the date of issuance of a health benefit plan, or
   2-18  whether a covered person is or may become pregnant.
   2-19              (6)  "Class of business" means all small employers or a
   2-20  separate grouping of small employers established under this
   2-21  chapter.
   2-22              (7)  "Dependent" means:
   2-23                    (A)  a spouse;
   2-24                    (B)  a newborn child;
   2-25                    (C)  a child under the age of 19 years;
    3-1                    (D)  a child who is a full-time student under the
    3-2  age of 23 years and who is financially dependent on the parent;
    3-3                    (E)  a child of any age who is medically
    3-4  certified as disabled and dependent on the parent; and
    3-5                    (F)  any person who must be covered under:
    3-6                          (i)  Section 3D or 3E, Article 3.51-6, of
    3-7  this code; or
    3-8                          (ii)  Section 2(L), Chapter 397, Acts of
    3-9  the 54th Legislature, Regular Session, 1955 (Article 3.70-2,
   3-10  Vernon's Texas Insurance Code).
   3-11              (8)  "Eligible employee" means an employee who works on
   3-12  a full-time basis and who usually works at least 30 hours a week.
   3-13  The term includes a sole proprietor, a partner, and an independent
   3-14  contractor, if the sole proprietor, partner, or independent
   3-15  contractor is included as an employee under a health benefit plan
   3-16  of a small employer.  The term does not include:
   3-17                    (A)  an employee who works on a part-time,
   3-18  temporary, or substitute basis; or
   3-19                    (B)  an employee who is covered under:
   3-20                          (i)  another health benefit plan; or
   3-21                          (ii)  an employee welfare benefit plan that
   3-22  provides health benefits and that is established in accordance with
   3-23  the Employee Retirement Income Security Act of 1974 (29 U.S.C.
   3-24  Section 1001 et seq.).
   3-25              (9)  "Health benefit plan" means a group, blanket, or
    4-1  franchise insurance policy, a certificate issued under a group
    4-2  policy, a group hospital service contract, or a group subscriber
    4-3  contract or evidence of coverage issued by a health maintenance
    4-4  organization that provides benefits for health care services.  The
    4-5  term does not include:
    4-6                    (A)  accident-only insurance coverage;
    4-7                    (B)  credit insurance coverage;
    4-8                    (C)  disability insurance coverage;
    4-9                    (D)  specified disease coverage or other limited
   4-10  benefit policies;
   4-11                    (E)  coverage of Medicare services under a
   4-12  federal contract;
   4-13                    (F)  Medicare supplement and Medicare Select
   4-14  policies regulated in accordance with federal law;
   4-15                    (G)  long-term care insurance coverage;
   4-16                    (H)  coverage limited to dental care;
   4-17                    (I)  coverage limited to care of vision;
   4-18                    (J)  coverage provided by a single service health
   4-19  maintenance organization;
   4-20                    (K)  insurance coverage issued as a supplement to
   4-21  liability insurance;
   4-22                    (L)  insurance coverage arising out of a workers'
   4-23  compensation system or similar statutory system;
   4-24                    (M)  automobile medical payment insurance
   4-25  coverage;
    5-1                    (N)  jointly managed trusts authorized under 29
    5-2  U.S.C. Section 141 et seq. that contain a plan of benefits for
    5-3  employees that is negotiated in a collective bargaining agreement
    5-4  governing wages, hours, and working conditions of the employees
    5-5  that is authorized under 29 U.S.C. Section 157;
    5-6                    (O)  hospital confinement indemnity coverage; or
    5-7                    (P)  reinsurance contracts issued on a stop-loss,
    5-8  quota-share, or similar basis.
    5-9              (10)  "Health carrier" means any entity authorized
   5-10  under this code or another insurance law of this state that
   5-11  provides health insurance or health benefits in this state,
   5-12  including an insurance company, a group hospital service
   5-13  corporation under Chapter 20 of this code, a health maintenance
   5-14  organization under the Texas Health Maintenance Organization Act
   5-15  (Chapter 20A, Vernon's Texas Insurance Code), and a stipulated
   5-16  premium company under Chapter 22 of this code.
   5-17              (11)  "Index rate" means, for each class of business as
   5-18  to a rating period for small employers with similar case
   5-19  characteristics, the arithmetic average of the applicable base
   5-20  premium rate and corresponding highest premium rate.
   5-21              (12)  "Late enrollee" means an eligible employee or
   5-22  dependent who requests enrollment in a small employer's health
   5-23  benefit plan after the expiration of the initial enrollment period
   5-24  established under the terms of the first plan for which that
   5-25  employee or dependent was eligible through the small employer.  An
    6-1  eligible employee or dependent is not a late enrollee if:
    6-2                    (A)  the individual:
    6-3                          (i)  was covered under another employer
    6-4  health benefit plan at the time the individual was eligible to
    6-5  enroll;
    6-6                          (ii)  declines in writing, at the time of
    6-7  the initial eligibility, stating that coverage under another
    6-8  employer health benefit plan was the reason for declining
    6-9  enrollment;
   6-10                          (iii)  has lost coverage under another
   6-11  employer health benefit plan as a result of the termination of
   6-12  employment, the termination of the other plan's coverage, the death
   6-13  of a spouse, or divorce; and
   6-14                          (iv)  requests enrollment not later than
   6-15  the 31st day after the date on which coverage under another
   6-16  employer health benefit plan terminates;
   6-17                    (B)  the individual is employed by an employer
   6-18  who offers multiple health benefit plans and the individual elects
   6-19  a different health benefit plan during an open enrollment period;
   6-20  or
   6-21                    (C)  a court has ordered coverage to be provided
   6-22  for a spouse or minor child under a covered employee's plan and
   6-23  request for enrollment is made not later than the 31st day after
   6-24  issuance of the date on which the court order is issued.
   6-25              (13)  "New business premium rate" means, for each class
    7-1  of business as to a rating period, the lowest premium rate that is
    7-2  charged or offered or that could be charged or offered by the small
    7-3  employer carrier to small employers with similar case
    7-4  characteristics for newly issued small employer health benefit
    7-5  plans that provide the same or similar coverage.
    7-6              (14)  "Person" means an individual, corporation,
    7-7  partnership, association, or other private legal entity.
    7-8              (15)  "Plan of operation" means the plan of operation
    7-9  of the system established under Article 26.55 of this code.
   7-10              (16)  "Preexisting condition provision" means a
   7-11  provision that denies, excludes, or limits coverage as to a disease
   7-12  or condition for a specified period after the effective date of
   7-13  coverage.
   7-14              (17)  "Premium" means all amounts paid by a small
   7-15  employer and eligible employees as a condition of receiving
   7-16  coverage from a  small employer carrier, including any fees or
   7-17  other contributions associated with a health benefit plan.
   7-18              (18)  "Rating period" means a calendar period for which
   7-19  premium rates established by a small employer carrier are assumed
   7-20  to be in effect.
   7-21              (19)  "Reinsured carrier" means a small employer
   7-22  carrier participating in the system.
   7-23              (20)  "Risk-assuming carrier" means a small employer
   7-24  carrier that elects not to participate in the system.
   7-25              (21)  "Small employer" means a person that is actively
    8-1  engaged in business and that, on at least 50 percent of its working
    8-2  days during the preceding calendar year, employed at least three
    8-3  but not more than 50 eligible employees, including the employees of
    8-4  an affiliated employer, the majority of whom were employed in this
    8-5  state.
    8-6              (22)  "Small employer carrier" means a health carrier,
    8-7  to the extent that that carrier is offering, delivering, issuing
    8-8  for delivery, or renewing health benefit plans subject to this
    8-9  chapter under Article 26.06(a) of this code.
   8-10              (23)  "Small employer health benefit plan" means the
   8-11  preventive and primary care benefit plan, the in-hospital benefit
   8-12  plan, or the standard health benefit plan described by Subchapter E
   8-13  of this chapter or any other health benefit plan offered to a small
   8-14  employer in accordance with Article 26.42(d) of this code.
   8-15              (24)  "System" means the Texas Health Reinsurance
   8-16  System established under Subchapter F of this chapter.
   8-17        Art. 26.03.  AFFILIATED CARRIERS.  (a)  For purposes of this
   8-18  chapter, health carriers that are affiliates or that are eligible
   8-19  to file a consolidated tax return are considered to be one carrier,
   8-20  and a restriction imposed by this chapter applies as if the health
   8-21  benefit plans delivered or issued for delivery to small employers
   8-22  in this state by the affiliates were issued by one carrier.
   8-23        (b)  An affiliate that is a health maintenance organization
   8-24  is considered to be a separate health carrier for purposes of this
   8-25  chapter.
    9-1        (c)  In this article, "affiliate" has the meaning assigned by
    9-2  Article 21.49-1 of this code.
    9-3        Art. 26.04.  RULES.  The board shall adopt rules to implement
    9-4  this chapter.
    9-5        Art. 26.05.  STATUTORY REFERENCES.  A reference in this
    9-6  chapter to a statutory provision applies to all reenactments,
    9-7  revisions, or amendments of that statutory provision.
    9-8        Art. 26.06.  APPLICABILITY.  (a)  An individual or group
    9-9  health benefit plan is subject to this chapter if it provides
   9-10  health care benefits covering three or more eligible employees of a
   9-11  small employer and if it meets any one of the following conditions:
   9-12              (1)  a portion of the premium or benefits is paid by or
   9-13  on behalf of a small employer;
   9-14              (2)  a covered individual is reimbursed, whether
   9-15  through wage adjustments or otherwise, by or on behalf of a small
   9-16  employer for a portion of the premium; or
   9-17              (3)  the health benefit plan is treated by the employer
   9-18  or by a covered individual as part of a plan or program for the
   9-19  purposes of Section 106 or 162, Internal Revenue Code of 1986 (26
   9-20  U.S.C. Section 106 or 162).
   9-21        (b)  Except as provided by Subsection (a) of this article,
   9-22  this chapter does not apply to an individual health insurance
   9-23  policy that is underwritten individually.
   9-24        (c)  Except as expressly provided in this chapter, a small
   9-25  employer health benefit plan is not subject to a law that requires
   10-1  coverage or the offer of coverage of a health care service or
   10-2  benefit.
   10-3        Art. 26.07.  CERTIFICATION.  (a)  Not later than March 1 of
   10-4  each year, each health carrier shall certify to the commissioner
   10-5  whether, as of January 1 of that year, it is offering a health
   10-6  benefit plan subject to this chapter under Article 26.06(a) of this
   10-7  code.
   10-8        (b)  The certification shall list each other health insurance
   10-9  coverage that:
  10-10              (1)  the health carrier is offering, delivering,
  10-11  issuing for delivery, or renewing to or through small employers in
  10-12  this state; and
  10-13              (2)  is not subject to this chapter because it is
  10-14  listed as excluded from the definition of a health benefit plan
  10-15  under Article 26.02 of this code.
  10-16        (c)  The certification shall include a statement that the
  10-17  carrier is not offering or marketing to small employers as a health
  10-18  benefit plan the coverage listed under Subsection (b) of this
  10-19  article and that the health carrier is complying with this chapter
  10-20  to the extent it is applicable to the carrier.
  10-21        Art. 26.08.  COST CONTAINMENT.  (a)  A small employer carrier
  10-22  may use cost containment and managed care features in a small
  10-23  employer health benefit plan, including:
  10-24              (1)  utilization review of health care services,
  10-25  including review of the medical necessity of hospital and physician
   11-1  services;
   11-2              (2)  case management, including discharge planning and
   11-3  review of stays in hospitals or other health care facilities;
   11-4              (3)  selective contracting with hospitals, physicians,
   11-5  and other health care providers;
   11-6              (4)  reasonable benefit differentials applicable to
   11-7  health care providers that participate or do not participate in
   11-8  restricted network arrangements;
   11-9              (5)  precertification or preauthorization for certain
  11-10  covered services; and
  11-11              (6)  coordination of benefits.
  11-12        (b)  A provision of a small employer health benefit plan that
  11-13  provides for coordination of benefits must comply with this chapter
  11-14  and guidelines established by the commissioner.
  11-15        (c)  Utilization review performed for any cost containment,
  11-16  case management, or managed care arrangement must comply with
  11-17  Article 21.58A of this code.
  11-18                SUBCHAPTER B.  PURCHASING COOPERATIVES
  11-19        Art. 26.11.  DEFINITIONS.  In this subchapter:
  11-20              (1)  "Board of trustees" means the board of trustees of
  11-21  the Texas cooperative.
  11-22              (2)  "Board of directors" means the board of directors
  11-23  elected by a private purchasing cooperative.
  11-24              (3)  "Cooperative" means a purchasing cooperative
  11-25  established under this subchapter.
   12-1              (4)  "Texas cooperative" means the Texas Health
   12-2  Benefits Purchasing Cooperative established under Article 26.13 of
   12-3  this code.
   12-4        Art. 26.12.  APPLICABILITY OF OTHER LAWS.  (a)  Section 1(a),
   12-5  Article 3.51-6, of this code, does not limit the type of group that
   12-6  may be covered by a group health benefit plan issued through a
   12-7  cooperative.
   12-8        (b)  The Texas cooperative is subject to the open records
   12-9  law, Chapter 424, Acts of the 63rd Legislature, Regular Session,
  12-10  1973 (Article 6252-17a, Vernon's Texas Civil Statutes).
  12-11        Art. 26.13.  TEXAS HEALTH BENEFITS PURCHASING COOPERATIVE.
  12-12  (a)  The Texas Health Benefits Purchasing Cooperative is a
  12-13  nonprofit organization established to make health care coverage
  12-14  available to small employers and their eligible employees and
  12-15  eligible employees' dependents.
  12-16        (b)  The Texas cooperative is administered by a six-member
  12-17  board of trustees appointed by the governor with the advice and
  12-18  consent of the senate.  Three members must represent employers, two
  12-19  members must represent employees, and one member must represent the
  12-20  public.  The executive director of the Texas Department of Commerce
  12-21  shall serve as a nonvoting ex officio member of the board of
  12-22  trustees.
  12-23        (c)  The appointed members of the board of trustees serve
  12-24  staggered six-year terms, with the terms of two members expiring
  12-25  February 1 of each odd-numbered year.
   13-1        (d)  A member of the board of trustees may not be compensated
   13-2  for serving on the board of trustees but is entitled to
   13-3  reimbursement for actual expenses incurred in performing functions
   13-4  as a member of the board of trustees as provided by the General
   13-5  Appropriations Act.
   13-6        (e)  The board of trustees shall employ an executive
   13-7  director.  The executive director may hire other employees as
   13-8  necessary.
   13-9        (f)  The board of trustees may develop regional subdivisions
  13-10  of the Texas cooperative and may authorize each subdivision to
  13-11  separately exercise the powers and duties of a cooperative.
  13-12        (g)  Salaries for employees of the Texas cooperative and
  13-13  related costs may be paid from administrative fees collected from
  13-14  employers and participating carriers or other sources of funding
  13-15  arranged by the Texas cooperative.
  13-16        (h)  A member of the board of trustees, the executive
  13-17  director, and an employee or agent of the Texas cooperative are not
  13-18  liable for an act performed in good faith in the execution of
  13-19  duties in connection with the Texas cooperative.
  13-20        (i)  The Texas cooperative may not use money appropriated by
  13-21  the state to pay or otherwise subsidize any portion of the premium
  13-22  for a small employer insured through the cooperative.
  13-23        Art. 26.14.  PRIVATE PURCHASING COOPERATIVE.  (a)  Two or
  13-24  more small employers may form a cooperative for the purchase of
  13-25  small employer health benefit plans.  A cooperative must be
   14-1  organized as a nonprofit corporation and has the rights and duties
   14-2  provided by the Texas Non-Profit Corporation Act (Article 1396-1.01
   14-3  et seq., Vernon's Texas Civil Statutes).
   14-4        (b)  The board of directors shall file annually with the
   14-5  commissioner a statement of all amounts collected and expenses
   14-6  incurred for each of the preceding three years.
   14-7        Art. 26.15.  POWERS AND DUTIES OF TEXAS HEALTH BENEFITS
   14-8  PURCHASING COOPERATIVE AND PRIVATE PURCHASING COOPERATIVES.  (a)  A
   14-9  cooperative:
  14-10              (1)  shall arrange for small employer health benefit
  14-11  plan coverage for small employer groups who participate in the
  14-12  cooperative by contracting with small employer carriers who meet
  14-13  the criteria established by Subsection (b) of this article;
  14-14              (2)  shall collect premiums to cover the cost of:
  14-15                    (A)  small employer health benefit plan coverage
  14-16  purchased through the cooperative; and
  14-17                    (B)  the cooperative's administrative expenses;
  14-18              (3)  may contract with agents to market coverage issued
  14-19  through the cooperative;
  14-20              (4)  shall establish administrative and accounting
  14-21  procedures for the operation of the cooperative;
  14-22              (5)  shall establish procedures under which an
  14-23  applicant for or participant in coverage issued through the
  14-24  cooperative may have a grievance reviewed by an impartial person;
  14-25              (6)  may contract with a small employer carrier or
   15-1  third-party administrator to provide administrative services to the
   15-2  cooperative;
   15-3              (7)  shall contract with small employer carriers for
   15-4  the provision of services to small employers covered through the
   15-5  cooperative;
   15-6              (8)  shall develop and implement a plan to maintain
   15-7  public awareness of the cooperative and publicize the eligibility
   15-8  requirements for, and the procedures for enrollment in coverage
   15-9  through, the cooperative; and
  15-10              (9)  may negotiate the premiums paid by its members.
  15-11        (b)  A cooperative may contract only with small employer
  15-12  carriers who desire to offer coverage through the cooperative and
  15-13  who demonstrate:
  15-14              (1)  that the carrier is a health carrier or health
  15-15  maintenance organization licensed and in good standing with the
  15-16  department;
  15-17              (2)  the capacity to administer the health benefit
  15-18  plans;
  15-19              (3)  the ability to monitor and evaluate the quality
  15-20  and cost effectiveness of care and applicable procedures;
  15-21              (4)  the ability to conduct utilization management and
  15-22  applicable procedures and policies;
  15-23              (5)  the ability to assure enrollees adequate access to
  15-24  health care providers, including adequate numbers and types of
  15-25  providers;
   16-1              (6)  a satisfactory grievance procedure and the ability
   16-2  to respond to enrollees' calls, questions, and complaints; and
   16-3              (7)  financial capacity, either through financial
   16-4  solvency standards as applied by the commissioner or through
   16-5  appropriate reinsurance or other risk-sharing mechanisms.
   16-6        (c)  A cooperative may not self-insure or self-fund any
   16-7  health benefit plan or portion of a plan.
   16-8        (d)  A cooperative shall comply with federal laws applicable
   16-9  to cooperatives and health benefit plans issued through
  16-10  cooperatives.
  16-11        Art. 26.16.  COOPERATIVE NOT INSURER.  (a)  A cooperative is
  16-12  not an insurer and the employees of the cooperative are not
  16-13  required to be licensed under Section 15 or 15A, Texas Health
  16-14  Maintenance Organization Act (Article 20A.15 or 20A.15A, Vernon's
  16-15  Texas Insurance Code), or Subchapter A, Chapter 21, of this code.
  16-16        (b)  An agent or third-party administrator used and
  16-17  compensated by the cooperative must be licensed as required by
  16-18  Section 15 or 15A, Texas Health Maintenance Organization Act
  16-19  (Article 20A.15 or 20A.15A, Vernon's Texas Insurance Code), or
  16-20  Subchapter A, Chapter 21, of this code.
  16-21           SUBCHAPTER C.  GUARANTEED ISSUE AND RENEWABILITY
  16-22        Art. 26.21.  SMALL EMPLOYER HEALTH BENEFIT PLANS;  EMPLOYER
  16-23  ELECTION.  (a)  Each small employer carrier shall provide the small
  16-24  employer health benefit plans without regard to claim experience,
  16-25  health status, or medical history.  Each small employer carrier
   17-1  shall issue the plan chosen by the small employer to each small
   17-2  employer that elects to be covered under that plan, agrees to make
   17-3  the required premium payments, and agrees to satisfy the other
   17-4  requirements of the plan.
   17-5        (b)  Coverage under a small employer health benefit plan is
   17-6  not available to a small employer unless the small employer pays at
   17-7  least 75 percent of the insurance premium for its eligible
   17-8  employees who elect to be covered by at least one of the small
   17-9  employer health benefit plans selected by the small employer.
  17-10  Coverage is available under a small employer health benefit plan if
  17-11  at least 90 percent of a small employer's eligible employees elect
  17-12  to be covered.  A small employer is not required to pay any amount
  17-13  with respect to an employee who elects not to be covered.  The
  17-14  small employer may elect to pay the premium cost for additional
  17-15  coverage.  This chapter does not require a small employer to
  17-16  purchase health insurance coverage for the employer's employees.
  17-17        (c)  An eligible employee may obtain coverage in addition to
  17-18  coverage purchased by the employer if at least 40 percent of the
  17-19  eligible employees elect to obtain the same additional coverage.
  17-20  Subject to insurability, any number of eligible employees may
  17-21  otherwise obtain coverage in addition to coverage purchased by the
  17-22  employer.  The additional coverage may be paid for by the employer,
  17-23  the employee, or both.
  17-24        (d)  The initial enrollment period for the employees and
  17-25  their dependents must be at least 30 days.
   18-1        (e)  A small employer may establish a waiting period during
   18-2  which a new employee is not eligible for coverage.  A waiting
   18-3  period established as provided by this subsection may not exceed 90
   18-4  days from the first day of employment.
   18-5        (f)  A new employee of a covered small employer and the
   18-6  dependents of that employee may not be denied coverage if the
   18-7  application for coverage is received by the small employer carrier
   18-8  not later than the 31st day after the date on which the employment
   18-9  begins.
  18-10        (g)  A late enrollee may be excluded from coverage for 18
  18-11  months from the date of application or may be subject to a 12-month
  18-12  preexisting condition provision as described by Articles 26.49(b),
  18-13  (c), (d), and (e) of this code.  If both a period of exclusion from
  18-14  coverage and a preexisting condition provision are applicable to a
  18-15  late enrollee, the combined period of exclusion may not exceed 18
  18-16  months from the date of the late application.
  18-17        (h)  A small employer carrier may not exclude any eligible
  18-18  employee or dependent, including a late enrollee, who would
  18-19  otherwise be covered under a small employer group.
  18-20        (i)  A small employer health benefit plan issued by a small
  18-21  employer carrier may not limit or exclude, by use of a rider or
  18-22  amendment applicable to a specific individual, coverage by type of
  18-23  illness, treatment, medical condition, or accident, except for
  18-24  preexisting conditions or diseases as permitted under Article 26.49
  18-25  of this code.
   19-1        (j)  A small employer health benefit plan may not limit or
   19-2  exclude initial coverage of a newborn child of a covered employee.
   19-3  Any coverage of a newborn child of an employee under this
   19-4  subsection terminates on the 31st day after the date of the birth
   19-5  of the child unless:
   19-6              (1)  dependent children are eligible for coverage; and
   19-7              (2)  notification of the birth and any required
   19-8  additional premium are received by the small employer carrier not
   19-9  later than the 30th day after the date of birth.
  19-10        (k)  If the Consolidated Omnibus Budget Reconciliation Act of
  19-11  1985 (Pub.  L. No. 99-272, 100 Stat. 222) does not require
  19-12  continuation or conversion coverage for dependents of an employee,
  19-13  a dependent who has been covered by that small employer for at
  19-14  least one year or is under one year of age may elect to continue
  19-15  coverage under a small employer health benefit plan, if the
  19-16  dependent loses eligibility for coverage because of the death,
  19-17  divorce, or retirement of the employee, as required by Section 3B,
  19-18  Article 3.51-6, of this code.
  19-19        Art. 26.22.  GEOGRAPHIC SERVICE AREA.  (a)  A small employer
  19-20  carrier is not required to offer or issue the small employer health
  19-21  benefit plans:
  19-22              (1)  to a small employer that is not located within a
  19-23  geographic service area of the small employer carrier;
  19-24              (2)  to an employee of a small employer who neither
  19-25  resides nor works in the geographic service area of the small
   20-1  employer carrier; or
   20-2              (3)  to a small employer located within a geographic
   20-3  service area with respect to which the small employer carrier
   20-4  demonstrates to the satisfaction of the commissioner that the small
   20-5  employer carrier reasonably anticipates that it will not have the
   20-6  capacity to deliver services adequately because of obligations to
   20-7  existing covered individuals.
   20-8        (b)  A small employer carrier that refuses to issue a small
   20-9  employer health benefit plan in a geographic service area may not
  20-10  offer a health benefit plan to a group of not more than 50
  20-11  individuals in the affected service area before the fifth
  20-12  anniversary of the date of the refusal.
  20-13        (c)  A small employer carrier must file each of its
  20-14  geographic service areas with the commissioner.  The commissioner
  20-15  may disapprove the use of a geographic service area by a small
  20-16  employer carrier.
  20-17        (d)  A small employer carrier that is unable to offer
  20-18  coverage in a geographic service area in accordance with a
  20-19  determination made by the commissioner under Subsection (a)(3) of
  20-20  this article may not offer a small employer benefit plan in the
  20-21  applicable geographic service area before the 180th day after the
  20-22  later of:
  20-23              (1)  the date of the refusal; or
  20-24              (2)  the date the carrier demonstrates to the
  20-25  satisfaction of the commissioner that it has regained the capacity
   21-1  to deliver services to small employers in the geographic service
   21-2  area.
   21-3        (e)  If the commissioner determines that requiring the
   21-4  acceptance of small employers under this subchapter would place a
   21-5  small employer carrier in a financially impaired condition, the
   21-6  small employer carrier is not required to provide coverage to small
   21-7  employers for a period to be set by the commissioner.
   21-8        Art. 26.23.  RENEWABILITY OF COVERAGE;  CANCELLATION.
   21-9  (a)  Except as provided by Article 26.24 of this code, a small
  21-10  employer carrier shall renew the small employer health benefit plan
  21-11  for any covered small employer at the option of the small employer,
  21-12  except for:
  21-13              (1)  nonpayment of a premium as required by the terms
  21-14  of the plan;
  21-15              (2)  fraud or misrepresentation of a material fact by
  21-16  the small employer; or
  21-17              (3)  noncompliance with small employer health benefit
  21-18  plan provisions.
  21-19        (b)  A small employer carrier may refuse to renew the
  21-20  coverage of an eligible employee or dependent for fraud or
  21-21  misrepresentation of a material fact by that individual.
  21-22        (c)  A small employer carrier may not cancel a small employer
  21-23  health benefit plan except for the reasons specified for refusal to
  21-24  renew under Subsection (a) of this article.  A small employer
  21-25  carrier may not cancel the coverage of an eligible employee or
   22-1  dependent except for the reasons specified for refusal to renew
   22-2  under Subsection (b) of this article.
   22-3        Art. 26.24.  REFUSAL TO RENEW.  (a)  A small employer carrier
   22-4  may elect to refuse to renew each small employer health benefit
   22-5  plan delivered or issued for delivery by the small employer carrier
   22-6  in this state or in a geographic service area approved under
   22-7  Article 26.22 of this code.  The small employer carrier must notify
   22-8  the commissioner of the election not later than the 180th day
   22-9  before the date coverage under the first small employer health
  22-10  benefit plan terminates under this subsection.
  22-11        (b)  The small employer carrier must notify each affected
  22-12  covered small employer not later than the 180th day before the date
  22-13  on which coverage terminates for that small employer.
  22-14        (c)  A small employer carrier that elects under Subsection
  22-15  (a) of this article to refuse to renew all small employer health
  22-16  benefit plans in this state or in an approved geographic service
  22-17  area may not write a new small employer health benefit plan in this
  22-18  state or in the geographic service area, as applicable, before the
  22-19  fifth anniversary of the date of notice to the commissioner under
  22-20  Subsection (a) of this article.
  22-21        Art. 26.25.  NOTICE TO COVERED PERSONS.  Not later than the
  22-22  30th day before the date on which termination of coverage is
  22-23  effective, a small employer carrier that cancels or refuses to
  22-24  renew coverage under a small employer health benefit plan under
  22-25  Article 26.23 or 26.24 of this code shall notify the small employer
   23-1  of the cancellation or refusal to renew.  It is the responsibility
   23-2  of the small employer to notify enrollees of the cancellation or
   23-3  refusal to renew the coverage.
   23-4                SUBCHAPTER D.  UNDERWRITING AND RATING
   23-5        Art. 26.31.  ESTABLISHMENT OF CLASSES OF BUSINESS.  (a)  A
   23-6  small employer carrier may establish a separate class of business
   23-7  only to reflect substantial differences in expected claim
   23-8  experience or administrative costs related to the following
   23-9  reasons:
  23-10              (1)  the small employer carrier uses more than one type
  23-11  of system for the marketing and sale of small employer health
  23-12  benefit plans to small employers;
  23-13              (2)  the small employer carrier has acquired a class of
  23-14  business from another health carrier; or
  23-15              (3)  the small employer carrier provides coverage to
  23-16  one or more employer-based association groups.
  23-17        (b)  A small employer carrier may establish up to nine
  23-18  separate classes of business under this article.
  23-19        (c)  The commissioner may establish regulations to provide
  23-20  for a period of transition in order for a small employer carrier to
  23-21  come into compliance with Subsection (b) of this article in the
  23-22  instance of acquisition of an additional class of business from
  23-23  another small employer carrier.
  23-24        (d)  The commissioner may approve the establishment of
  23-25  additional classes of business on application to the commissioner
   24-1  and a finding by the commissioner that the establishment of
   24-2  additional classes would enhance the efficiency and fairness of the
   24-3  insurance market for small employers.
   24-4        Art. 26.32.  INDEX RATES.  (a)  The premium rates for a small
   24-5  employer health benefit plan are subject to this article.
   24-6        (b)  The index rate for a rating period for any class of
   24-7  business may not exceed the index rate for any other class of
   24-8  business by more than 20 percent.
   24-9        (c)  For a class of business, the premium rates charged
  24-10  during a rating period to small employers with similar case
  24-11  characteristics for the same or similar coverage, or the rates that
  24-12  could be charged to those employers under the rating system for
  24-13  that class of business, may not vary from the index rate by more
  24-14  than 25 percent.
  24-15        Art. 26.33.  PREMIUM RATES; ADJUSTMENTS.  (a)  The percentage
  24-16  increase in the premium rate charged to a small employer for a new
  24-17  rating period may not exceed the sum of:
  24-18              (1)  the percentage change in the new business premium
  24-19  rate measured from the first day of the prior rating period to the
  24-20  first day of the new rating period;
  24-21              (2)  any adjustment, not to exceed 15 percent annually
  24-22  and adjusted pro rata for rating periods of less than one year, due
  24-23  to the claim experience, health status, or duration of coverage of
  24-24  the employees or dependents of the small employer as determined
  24-25  from the small employer carrier's rate manual for the class of
   25-1  business; and
   25-2              (3)  any adjustment due to change in coverage or change
   25-3  in the case characteristics of the small employer as determined
   25-4  from the small employer carrier's rate manual for the class of
   25-5  business.
   25-6        (b)  Adjustments in premium rates for claim experience,
   25-7  health status, or duration of coverage may not be charged to
   25-8  individual employees or dependents.  Such an adjustment must be
   25-9  applied uniformly to the rates charged for all employees and
  25-10  dependents of employees of the small employer.
  25-11        (c)  A health carrier may use the industry classification to
  25-12  which a small employer belongs as a case characteristic in
  25-13  establishing premium rates, but the highest rate factor associated
  25-14  with any industry classification may not exceed the lowest rate
  25-15  factor associated with any industry classification by more than 15
  25-16  percent.
  25-17        Art. 26.34.  EFFECT OF PRIOR COVERAGE.  For a health benefit
  25-18  plan delivered or issued for delivery before September 1, 1993, a
  25-19  premium rate for a rating period may exceed the ranges set forth in
  25-20  Articles 26.32 and 26.33 of this code until September 1, 1995.  The
  25-21  percentage increase in the premium rate charged to a small employer
  25-22  under this article for a new rating period may not exceed the sum
  25-23  of:
  25-24              (1)  the percentage change in the new business premium
  25-25  rate measured from the first day of the prior rating period to the
   26-1  first day of the new rating period; and
   26-2              (2)  any adjustment due to change in coverage or change
   26-3  in the case characteristics of the small employer as determined
   26-4  from the small employer carrier's rate manual for the class of
   26-5  business.
   26-6        Art. 26.35.  RATE ADJUSTMENT IN CLOSED PLAN.  In the case of
   26-7  a health benefit plan into which a small employer carrier is no
   26-8  longer enrolling new small employers, the small employer carrier
   26-9  shall use the percentage change in the base premium rate to adjust
  26-10  rates under Articles 26.33(a)(1) and 26.34(1) of this code.  The
  26-11  portion of change in rates computed under those subdivisions may
  26-12  not exceed, on a percentage basis, the change in the new business
  26-13  premium rate for the most similar health benefit plan into which
  26-14  the small employer carrier is actively enrolling new small
  26-15  employers.
  26-16        Art. 26.36.  PREMIUM RATES; NONDISCRIMINATION.  (a)  A small
  26-17  employer carrier shall apply rating factors, including case
  26-18  characteristics, consistently with respect to all small employers
  26-19  in a class of business.  Rating factors shall produce premiums for
  26-20  identical groups that differ only by the amounts attributable to
  26-21  plan design and that do not reflect differences due to the nature
  26-22  of the groups assumed to select particular health benefit plans.
  26-23        (b)  A small employer  carrier shall treat each health
  26-24  benefit plan issued or renewed in the same calendar month as having
  26-25  the same rating period.
   27-1        (c)  A small employer carrier may not use case
   27-2  characteristics without the prior approval of the commissioner
   27-3  other than the geographic area in which the small employer's
   27-4  employees reside, the age and gender of the individual employees
   27-5  and their dependents, the appropriate industry classification, and
   27-6  the number of employees and dependents.
   27-7        (d)  Premium rates for a small employer health benefit plan
   27-8  must comply with the requirements of this chapter, notwithstanding
   27-9  any assessments paid or payable by small employer carriers.
  27-10        (e)  The board may adopt rules to implement this article and
  27-11  to ensure that rating practices used by small employer carriers are
  27-12  consistent with the purposes of this chapter, including rules that
  27-13  ensure that differences in rates charged for each small employer
  27-14  health benefit plan are reasonable and reflect objective
  27-15  differences in plan design.
  27-16        (f)  A small employer carrier may not transfer a small
  27-17  employer involuntarily into or out of a class of business.  A small
  27-18  employer carrier may not offer to transfer a small employer into or
  27-19  out of a class of business unless the offer is made to transfer all
  27-20  small employers in that class of business without regard to case
  27-21  characteristics, claim experience, health status, or duration of
  27-22  coverage since the issuance of the health benefit plan.
  27-23        Art. 26.37.  RESTRICTED PROVIDER NETWORKS.  For purposes of
  27-24  this subchapter, a small employer health benefit plan may use a
  27-25  restricted provider network to provide the benefits under the plan.
   28-1  A plan that uses a restricted provider network does not provide
   28-2  similar coverage to a small employer health benefit plan that does
   28-3  not use a restricted provider network, if the use of the network
   28-4  results in reduced premiums to the small employer or substantial
   28-5  differences in claim costs.
   28-6        Art. 26.38.  HEALTH MAINTENANCE ORGANIZATION;  APPROVED
   28-7  HEALTH BENEFIT PLAN.   The premium rates for a state-approved
   28-8  health benefit plan offered by a health maintenance organization
   28-9  under Article 26.48 of this code must be established in accordance
  28-10  with formulas or schedules of charges filed with the department.
  28-11        Art. 26.39.  ENFORCEMENT.  If the commissioner finds that a
  28-12  small employer carrier subject to this chapter exceeds the
  28-13  applicable rate established under this subchapter, the commissioner
  28-14  may order restitution and assess penalties as provided by Section
  28-15  7, Article 1.10, of this code.
  28-16        Art. 26.40.  DISCLOSURE.  In connection with the offering for
  28-17  sale of any small employer health benefit plan, each small employer
  28-18  carrier and each agent shall make a reasonable disclosure, as part
  28-19  of its solicitation and sales materials, of:
  28-20              (1)  the extent to which premium rates for a specific
  28-21  small employer are established or adjusted based on the actual or
  28-22  expected variation in claim costs or the actual or expected
  28-23  variation in health status of the employees of the small employer
  28-24  and their dependents;
  28-25              (2)  provisions concerning the small employer carrier's
   29-1  right to change premium rates and the factors other than claim
   29-2  experience that affect changes in premium rates;
   29-3              (3)  provisions relating to renewability of policies
   29-4  and contracts; and
   29-5              (4)  any preexisting condition provision.
   29-6        Art. 26.41.  REPORTING REQUIREMENTS.  (a)  Compliance with
   29-7  the underwriting and rating requirements of this chapter shall be
   29-8  demonstrated through actuarial certification.  Small employer
   29-9  carriers offering a small employer health benefit plan shall file
  29-10  annually with the commissioner an actuarial certification stating
  29-11  that the underwriting and rating methods of the small employer
  29-12  carrier:
  29-13              (1)  comply with accepted actuarial practices;
  29-14              (2)  are uniformly applied to each small employer
  29-15  health benefit plan covering a small employer; and
  29-16              (3)  comply with the provisions of this chapter.
  29-17        (b)  Each small employer carrier shall maintain at its
  29-18  principal place of business a complete and detailed description of
  29-19  its rating practices and renewal underwriting practices, including
  29-20  information and documentation that demonstrate that its rating
  29-21  methods and practices are based on commonly accepted actuarial
  29-22  assumptions and are in accordance with sound actuarial principles.
  29-23        (c)  A small employer carrier shall make the information and
  29-24  documentation described in Subsection (b) of this article
  29-25  available to the commissioner on request.  Except in cases of
   30-1  violations of this chapter, the information shall be considered
   30-2  proprietary and trade secret information and shall not be subject
   30-3  to disclosure by the commissioner to persons outside the department
   30-4  except as agreed to by the small employer carrier or as ordered by
   30-5  a court of competent jurisdiction.
   30-6                        SUBCHAPTER E.  COVERAGE
   30-7        Art. 26.42.  SMALL EMPLOYER HEALTH BENEFIT PLANS.  (a)  A
   30-8  small employer carrier shall offer the following three health
   30-9  benefit plans:
  30-10              (1)  the preventive and primary care benefit plan;
  30-11              (2)  the in-hospital benefit plan; and
  30-12              (3)  the standard health benefit plan.
  30-13        (b)  A small employer carrier may offer to a small employer
  30-14  additional benefit riders to the standard health benefit plan.
  30-15        (c)  A small employer carrier may not offer to a small
  30-16  employer benefit riders to:
  30-17              (1)  the preventive and primary care benefit plan,
  30-18  except as provided by Article 26.45(d) of this code; or
  30-19              (2)  the in-hospital benefit plan, except as provided
  30-20  by Article 26.46(e) of this code.
  30-21        (d)  Subject to the provisions of this chapter, a small
  30-22  employer carrier may also offer to small employers any other health
  30-23  benefit plan authorized under this code.  Article 26.06(c) does not
  30-24  apply to a health benefit plan offered to a small employer under
  30-25  this subsection.
   31-1        Art. 26.43.  POLICY FORMS.  (a)  The commissioner shall
   31-2  promulgate the benefits section of the preventive and primary
   31-3  benefit plan, the in-hospital benefit plan, and the standard health
   31-4  benefit plan policy forms.  For all other portions of these policy
   31-5  forms, a small employer carrier shall comply with Article 3.42 of
   31-6  this code as it relates to policy form approval.  A small employer
   31-7  carrier may not offer these three benefit plans through a policy
   31-8  form that does not comply with this article.
   31-9        (b)  A health carrier may not issue and the commissioner may
  31-10  not approve a health benefit plan certificate or policy or a rider
  31-11  to a health benefit plan certificate or policy unless it is written
  31-12  in plain language.
  31-13        (c)  Each provision of a health benefit plan certificate or
  31-14  policy or a rider to a health benefit plan certificate or policy
  31-15  relating to renewal of coverage, conditions of coverage, or per
  31-16  occurrence or aggregate dollar limitations on coverage must be
  31-17  clearly explained in plain language.
  31-18        (d)  A health carrier may not use and the commissioner may
  31-19  not approve a health benefit plan application form unless it is in
  31-20  plain language.
  31-21        (e)  Subsections (b) through (d) of this article do not apply
  31-22  if the specific language to be used is mandated by federal law or
  31-23  state statute or by rules implementing federal law.
  31-24        (f)  For purposes of Subsections (b) through (e) of this
  31-25  article, a health benefit plan certificate or policy, a rider to or
   32-1  a provision of a health benefit plan certificate or policy, or a
   32-2  health benefit plan application form is written in plain language
   32-3  if it achieves the minimum score established by the commissioner on
   32-4  the Flesch reading ease test or an equivalent test selected by the
   32-5  commissioner.
   32-6        (g)  The provisions of Subsections (b) through (f) of this
   32-7  article requiring the use of plain language do not apply to a
   32-8  health benefit plan group master policy or to a policy application
   32-9  or enrollment form for a health benefit plan group master policy.
  32-10        Art. 26.44.  RIDERS; FILING WITH COMMISSIONER.  (a)  A small
  32-11  employer carrier shall file with the commissioner, in a form and
  32-12  manner prescribed by the commissioner, riders to the small employer
  32-13  health benefit plans as allowed under Article 26.42 of this code to
  32-14  be used by the small employer carrier.  A small employer carrier
  32-15  may use a rider filed under this article after the 30th day after
  32-16  the date the rider is filed unless the commissioner disapproves its
  32-17  use.
  32-18        (b)  The commissioner, after notice and an opportunity for a
  32-19  hearing, may disapprove the continued use by a small employer
  32-20  carrier of a rider if the rider does not meet the requirements of
  32-21  this chapter and other applicable statutes.
  32-22        Art. 26.45.  PREVENTIVE AND PRIMARY CARE BENEFIT PLAN.
  32-23  (a)  The preventive and primary care benefit plan must include
  32-24  coverage for the health services described by Subsections (b) and
  32-25  (c) of this article when those services are provided within the
   33-1  scope of their practice by a physician, physician assistant,
   33-2  advanced nurse practitioner, or another licensed practitioner,
   33-3  including any practitioner required to be covered under Article
   33-4  21.52 of this code or under Section 2, Chapter 397, Acts of the
   33-5  54th Legislature, Regular Session, l955 (Article 3.70-2, Vernon's
   33-6  Texas Insurance Code).
   33-7        (b)  Coverage for the following preventive care must be
   33-8  provided on an appropriate medical schedule without copayment or
   33-9  deductible:
  33-10              (1)  childhood immunizations;
  33-11              (2)  Pap tests;
  33-12              (3)  mammography, as required by Section 2, Chapter
  33-13  397, Acts of the 54th Legislature, Regular Session, l955 (Article
  33-14  3.70-2, Vernon's Texas Insurance Code);
  33-15              (4)  colo-rectal screening;
  33-16              (5)  prostate cancer screening; and 
  33-17              (6)  vision and hearing tests for children under 19
  33-18  years of age.
  33-19        (c)  Coverage must include the following:
  33-20              (1)  outpatient hospital care and up to five days per
  33-21  policy year of inpatient hospital care;
  33-22              (2)  emergency care, as defined by Section 2, Chapter
  33-23  397, Acts of the 54th Legislature, 1955 (Article 3.70-2, Vernon's
  33-24  Texas Insurance Code), and Section 2(t), Texas Health Maintenance
  33-25  Organization Act (Article 20A.02, Vernon's Texas Insurance Code);
   34-1              (3)  maternity-related care, including prenatal,
   34-2  delivery, and postnatal care and high-risk pregnancy care;
   34-3              (4)  well-child care, as defined by the Texas
   34-4  Department of Health based on the standards of the American Academy
   34-5  of Pediatrics or its successor organization;
   34-6              (5)  outpatient clinic or office visits for treatment
   34-7  of illness or injury;
   34-8              (6)  one physical examination per policy year;
   34-9              (7)  diagnostic examinations and laboratory and X-ray
  34-10  services, with a limit of $5,000 per policy year;
  34-11              (8)  mental health services, including outpatient
  34-12  evaluation, crisis intervention, and services for treatment of
  34-13  serious mental illness as described by Section 1, Article 3.51-14,
  34-14  of this code, for five days of inpatient services and 40 outpatient
  34-15  visits per policy year;
  34-16              (9)  evaluation and treatment for the abuse of or
  34-17  addiction to alcohol or drugs, for five days of inpatient services
  34-18  and 40 outpatient visits per policy year;
  34-19              (10)  home health services, as defined by Section 1,
  34-20  Article 3.70-3B, of this code subject to a maximum of 40 visits per
  34-21  policy year; and
  34-22              (11)  physical therapy performed by a qualified
  34-23  licensed physical therapist, occupational therapy performed by a
  34-24  qualified licensed occupational therapist, or speech-language
  34-25  therapy performed by a qualified licensed speech-language
   35-1  pathologist, including outpatient diagnostic services and 40
   35-2  outpatient treatment visits per policy year.
   35-3        (d)  A preventive and primary care benefit plan may include a
   35-4  rider for coverage of prescription drugs but may not include any
   35-5  other rider.
   35-6        (e)  A preventive and primary care benefit plan must include
   35-7  a total benefit cap of $15,000 per policy year.
   35-8        (f)  Except as provided by Subsection (b) of this article, a
   35-9  preventive and primary care benefit plan may require a deductible
  35-10  of not more than $250 per policy year and must pay at least 80
  35-11  percent of covered charges after the deductible has been satisfied.
  35-12  After an insured's copayments have reached $1,000 in a policy year,
  35-13  the plan must pay 100 percent of covered charges for the remainder
  35-14  of that policy year.
  35-15        (g)  A small employer carrier may waive the limit on home
  35-16  health services if the waiver will result in less expensive
  35-17  treatment.
  35-18        Art. 26.46.  IN-HOSPITAL BENEFIT PLAN.  (a)  The in-hospital
  35-19  benefit plan must include coverage for:
  35-20              (1)  diagnostic, treatment, and rehabilitative services
  35-21  provided through inpatient hospital services; and
  35-22              (2)  outpatient care necessary as a follow-up to the
  35-23  inpatient hospital services until the 90th day after the date of
  35-24  discharge from the hospital.
  35-25        (b)  The in-hospital benefit plan is not subject to any law
   36-1  requiring the reimbursement, use, or consideration of a specific
   36-2  category of a licensed or certified health care practitioner.
   36-3        (c)  The in-hospital benefit plan must provide lifetime
   36-4  benefits of $1 million with a total benefit cap of $100,000 per
   36-5  policy year.
   36-6        (d)  The in-hospital benefit plan may include deductible and
   36-7  copayment requirements.
   36-8        (e)  The in-hospital benefit plan may include a primary and
   36-9  preventive care rider that includes the coverage required by
  36-10  Article 26.45 of this code other than the coverage required by
  36-11  Subsection (c)(1) of that article.  The in-hospital benefit plan
  36-12  may also include a supplementary accident benefit plan, but may not
  36-13  include other riders or supplementary benefit plans.
  36-14        Art. 26.47.  STANDARD HEALTH BENEFIT PLAN.  (a)  The standard
  36-15  health benefit plan shall include coverage for:
  36-16              (1)  health care services, including consulting and
  36-17  referral services, provided within the scope of their practice by a
  36-18  physician, a physician assistant, an advanced nurse practitioner,
  36-19  or another licensed practitioner, including any practitioner
  36-20  required to be covered under Article 21.52 of this code or under
  36-21  Section 2, Chapter 397, Acts of the 54th Legislature, Regular
  36-22  Session, 1955 (Article 3.70-2, Vernon's Texas Insurance Code);
  36-23              (2)  care in the following facilities:
  36-24                    (A)  inpatient hospitals;
  36-25                    (B)  outpatient hospitals;
   37-1                    (C)  skilled nursing facilities, subject to a
   37-2  maximum benefit of $10,000 per policy year; and
   37-3                    (D)  hospice facilities, subject to a maximum
   37-4  lifetime benefit of $10,000;
   37-5              (3)  emergency care, as defined by Section 2, Chapter
   37-6  397, Acts of the 54th Legislature, 1955 (Article 3.70-2, Vernon's
   37-7  Texas Insurance Code), and Section 2(t), Texas Health Maintenance
   37-8  Organization Act (Article 20A.02, Vernon's Texas Insurance Code);
   37-9              (4)  maternity-related care, including prenatal,
  37-10  delivery, and postnatal care and high-risk pregnancy care;
  37-11              (5)  well-child care, as defined by the Texas
  37-12  Department of Health based on the standards of the American Academy
  37-13  of Pediatrics or its successor organization;
  37-14              (6)  outpatient clinic or office visits for treatment
  37-15  of illness or injury;
  37-16              (7)  one physical examination per policy year;
  37-17              (8)  mental health services, including coverage
  37-18  described by Section 2(F), Chapter 397, Acts of the 54th
  37-19  Legislature, 1955 (Article 3.70-2, Vernon's Texas Insurance Code),
  37-20  and Article 3.72 of this code, subject to a limit of:
  37-21                    (A)  90 days of inpatient psychiatric care per
  37-22  policy year; and
  37-23                    (B)  40 outpatient visits per policy year,
  37-24  subject to a maximum benefit of $100 for each visit;
  37-25              (9)  medical treatment and referral services for the
   38-1  abuse of or addiction to alcohol or drugs, as required by Article
   38-2  3.51-9 of this code;
   38-3              (10)  inpatient and outpatient evaluation, crisis
   38-4  intervention, and other treatment for serious mental illness as
   38-5  described by Section 1, Article 3.51-14, of this code;
   38-6              (11)  diagnostic examinations and laboratory and X-ray
   38-7  services;
   38-8              (12)  physical therapy performed by a qualified
   38-9  licensed physical therapist, occupational therapy performed by a
  38-10  qualified licensed occupational therapist, or speech-language
  38-11  therapy performed by a qualified licensed speech-language
  38-12  pathologist, subject to a maximum benefit of $10,000 per policy
  38-13  year;
  38-14              (13)  home health services as required by Article
  38-15  3.70-3B of this code, subject to a maximum limit of $10,000 per
  38-16  policy year; and
  38-17              (14)  prescription drugs subject to a copayment of not
  38-18  more than 50 percent.
  38-19        (b)  Coverage for the following preventive care must be
  38-20  provided without copayment or deductible:
  38-21              (1)  childhood immunizations;
  38-22              (2)  Pap tests;
  38-23              (3)  mammography, as required by Section 2, Chapter
  38-24  397, Acts of the 54th Legislature, Regular Session, 1955 (Article
  38-25  3.70-2, Vernon's Texas Insurance Code);
   39-1              (4)  colo-rectal screening;
   39-2              (5)  prostate cancer screening; and
   39-3              (6)  vision and hearing tests for children under 19
   39-4  years of age.
   39-5        (c)  The standard health benefit plan shall provide lifetime
   39-6  benefits of $1 million with a total benefit cap of at least
   39-7  $250,000 per policy year.
   39-8        (d)  Except for services excluded from deductible and
   39-9  copayment requirements by Subsection (b) of this article, a
  39-10  standard health benefit plan may include deductible and copayment
  39-11  requirements.
  39-12        (e)  A small employer carrier may waive the limit on home
  39-13  health services if the waiver will result in less expensive
  39-14  treatment.
  39-15        (f)  The board may adopt rules to implement this article.
  39-16        Art. 26.47A.  ALCOHOL AND SUBSTANCE ABUSE BENEFITS.  The
  39-17  employees of a small employer group may accept and small employer
  39-18  carriers may offer the preventive and primary care benefit plan or
  39-19  the standard health benefit plan without providing coverage for
  39-20  alcohol and substance abuse benefits if:
  39-21              (1)  at least 50 percent of the employees waive, in
  39-22  writing, the benefits, and indicate in writing that they have
  39-23  undergone alcoholism or substance abuse treatment or counseling
  39-24  within the last three years; and
  39-25              (2)  the exclusion from coverage of alcohol and
   40-1  substance abuse applies only to those employees.
   40-2        Art. 26.48.  HEALTH MAINTENANCE ORGANIZATION PLANS.  Instead
   40-3  of the small employer health benefit plans described by this
   40-4  subchapter, a health maintenance organization may offer a
   40-5  state-approved health benefit plan that  complies with the
   40-6  requirements of Title XI, Public Health Service Act (42 U.S.C.
   40-7  Section 300e et seq.) and rules adopted under that Act.
   40-8        Art. 26.49.  PREEXISTING CONDITION PROVISIONS.  (a)  Except
   40-9  as provided by Article 26.21(g) of this code, a preexisting
  40-10  condition provision in a small employer health benefit plan may not
  40-11  apply to expenses incurred after the first anniversary of the
  40-12  effective date of coverage.
  40-13        (b)  A preexisting condition provision in a small employer
  40-14  health benefit plan may not apply to coverage for a disease or
  40-15  condition other than a disease or condition:
  40-16              (1)  for which medical advice, diagnosis, care, or
  40-17  treatment was recommended or received during the six months before
  40-18  the effective date of coverage; or
  40-19              (2)  that would have caused an ordinary, prudent person
  40-20  to seek medical advice, diagnosis, care, or treatment during the
  40-21  six months before the effective date of coverage.
  40-22        (c)  A preexisting condition provision in a small employer
  40-23  health benefit plan may not apply to an individual who was
  40-24  continuously covered for a minimum period of 12 months by a health
  40-25  benefit plan that was in effect up to a date not more than 60 days
   41-1  before the effective date of coverage under the small employer
   41-2  health benefit plan.
   41-3        (d)  A preexisting condition provision may exclude coverage
   41-4  for a pregnancy existing on the effective date of the coverage,
   41-5  except as provided by Subsection (c) of this article.
   41-6        (e)  In determining whether a preexisting condition provision
   41-7  applies to an individual covered by a small employer health benefit
   41-8  plan, the small employer carrier shall credit the time the
   41-9  individual was covered under a previous health benefit plan if the
  41-10  previous coverage was in effect at any time during the 12 months
  41-11  preceding the effective date of coverage under a small employer
  41-12  health benefit plan.  If the previous coverage was issued by a
  41-13  health maintenance organization, any waiting period that applied
  41-14  before that coverage became effective also shall be credited
  41-15  against the preexisting condition provision period.
  41-16        Art. 26.50.  COORDINATION WITH FEDERAL LAW.  The board by
  41-17  rule may modify a small employer benefit plan described by this
  41-18  subchapter or adopt a substitute for that plan to the extent
  41-19  required to comply with federal law applicable to the plan.  The
  41-20  board shall use the Texas Health Benefits Purchasing Cooperative in
  41-21  the implementation of this article.
  41-22                      SUBCHAPTER F.  REINSURANCE
  41-23        Art. 26.51.  ELECTION TO BE RISK-ASSUMING OR REINSURED
  41-24  CARRIER; NOTICE TO COMMISSIONER.  (a)  Each small employer carrier
  41-25  shall notify the commissioner of the carrier's election to operate
   42-1  as a risk-assuming carrier or a reinsured carrier.  A small
   42-2  employer carrier seeking to operate as a risk-assuming carrier
   42-3  shall make an application under Article 26.52 of this code.
   42-4        (b)  A small employer carrier's election under Subsection (a)
   42-5  of this article is effective until the fifth anniversary of the
   42-6  election.  The commissioner may permit a small employer carrier to
   42-7  modify its decision at any time for good cause shown.
   42-8        (c)  The commissioner shall establish an application process
   42-9  for small employer carriers seeking to change their status under
  42-10  this article.
  42-11        (d)  A reinsured carrier that elects to change its status to
  42-12  operate as a risk-assuming carrier may not continue to reinsure a
  42-13  small employer health benefit plan with the system.  The carrier
  42-14  shall pay a prorated assessment based on business issued as a
  42-15  reinsured carrier for any portion of the year that the business was
  42-16  reinsured.
  42-17        Art. 26.52.  APPLICATION TO BECOME A RISK-ASSUMING CARRIER.
  42-18  (a)  A small employer carrier may apply to become a risk-assuming
  42-19  carrier by filing an application with the commissioner in a form
  42-20  and manner prescribed by the commissioner.
  42-21        (b)  In evaluating an application filed under Subsection (a)
  42-22  of this article, the commissioner shall consider the small employer
  42-23  carrier's:
  42-24              (1)  financial condition;
  42-25              (2)  history of rating and underwriting small employer
   43-1  groups;
   43-2              (3)  commitment to market fairly to all small employers
   43-3  in the state or in its established geographic service area; and
   43-4              (4)  experience managing the risk of small employer
   43-5  groups.
   43-6        (c)  The commissioner shall provide public notice of an
   43-7  application by a small employer carrier to be a risk-assuming
   43-8  carrier and shall provide at least a 60-day period for public
   43-9  comment before making a decision on the application.  If the
  43-10  application is not acted on before the 90th day after the date the
  43-11  commissioner received the application, the carrier may request and
  43-12  the commissioner shall grant a hearing.
  43-13        (d)  The commissioner, after notice and hearing, may rescind
  43-14  the approval granted to a risk-assuming carrier under this article
  43-15  if the commissioner finds that the carrier:
  43-16              (1)  is not financially able to support the assumption
  43-17  of risk from issuing coverage to small employers without the
  43-18  protection afforded by the system;
  43-19              (2)  has failed to market fairly to all small employers
  43-20  in the state or its established geographic service area; or
  43-21              (3)  has failed to provide coverage to eligible small
  43-22  employers.
  43-23        Art. 26.53.  TEXAS HEALTH REINSURANCE SYSTEM.  (a)  The Texas
  43-24  Health Reinsurance System is created as a nonprofit entity.
  43-25        (b)  The system is administered by a board of directors and
   44-1  operates subject to the supervision and control of the
   44-2  commissioner.
   44-3        Art. 26.54.  BOARD OF DIRECTORS.  (a)  The board of directors
   44-4  is composed of nine members appointed by the commissioner.  The
   44-5  commissioner or the commissioner's representative shall serve as an
   44-6  ex officio member.  Five members must be representatives of
   44-7  reinsured carriers selected from individuals nominated by small
   44-8  employer carriers in this state according to procedures developed
   44-9  by the commissioner.  Four members must represent the general
  44-10  public.  A member representing the general public may not be:
  44-11              (1)  an officer, director, or employee of an insurance
  44-12  company, agency, agent, broker, solicitor, or adjuster or any other
  44-13  business entity regulated by the department;
  44-14              (2)  a person required to register with the Texas
  44-15  Ethics Commission under Chapter 305, Government Code; or
  44-16              (3)  related to a person described by Subdivision (1)
  44-17  or (2) of this subsection within the second degree of affinity or
  44-18  consanguinity.
  44-19        (b)  The members appointed by the commissioner serve two-year
  44-20  terms.  The terms expire on December 31 of each odd-numbered year.
  44-21  A member's term continues until a successor is appointed.
  44-22        (c)  A member of the board of directors may not be
  44-23  compensated for serving on the board of directors but is entitled
  44-24  to reimbursement for actual expenses incurred in performing
  44-25  functions as a member of the board of trustees as provided in the
   45-1  General Appropriations Act.
   45-2        (d)  The board of directors is subject to the open meetings
   45-3  law, Chapter 271, Acts of the 60th Legislature, Regular Session,
   45-4  1967 (Article 6252-17, Vernon's Texas Civil Statutes), and the open
   45-5  records law, Chapter 424, Acts of the 63rd Legislature, Regular
   45-6  Session, 1973 (Article 6252-17a, Vernon's Texas Civil Statutes).
   45-7        Art. 26.55.  PLAN OF OPERATION.  (a)  Not later than the
   45-8  180th day after the date on which a majority of the members of the
   45-9  board of directors have been appointed, the board of directors
  45-10  shall submit to the commissioner a plan of operation and thereafter
  45-11  any amendments necessary or suitable to ensure the fair,
  45-12  reasonable, and equitable administration of the system.  The
  45-13  commissioner, after notice and hearing, may approve the plan of
  45-14  operation if the commissioner determines the plan is suitable to
  45-15  ensure the fair, reasonable, and equitable administration of the
  45-16  system and provides for the sharing of system gains or losses on an
  45-17  equitable and proportionate basis in accordance with the provisions
  45-18  of this subchapter.  The plan of operation is effective on the
  45-19  written approval of the commissioner.
  45-20        (b)  If the board of directors fails to timely submit a
  45-21  suitable plan of operation, the commissioner, after notice and
  45-22  hearing, shall adopt a temporary plan of operation.  The
  45-23  commissioner shall amend or rescind any plan adopted under this
  45-24  subsection at the time a plan of operation is submitted by the
  45-25  board of directors and approved by the commissioner.
   46-1        (c)  The plan of operation must:
   46-2              (1)  establish procedures for the handling and
   46-3  accounting of system assets and money and for an annual fiscal
   46-4  report to the commissioner;
   46-5              (2)  establish procedures for the selection of an
   46-6  administering carrier or third-party administrator and establish
   46-7  the powers and duties of that administering carrier or third-party
   46-8  administrator;
   46-9              (3)  establish procedures for reinsuring risks in
  46-10  accordance with the provisions of this article;
  46-11              (4)  establish procedures for collecting assessments
  46-12  from reinsured carriers to fund claims and administrative expenses
  46-13  incurred or estimated to be incurred by the system, including the
  46-14  imposition of penalties for late payment of an assessment; and
  46-15              (5)  provide for any additional matters necessary for
  46-16  the implementation and administration of the system.
  46-17        Art. 26.56.  POWERS AND DUTIES OF SYSTEM.  The system has the
  46-18  general powers and authority granted under the laws of this state
  46-19  to insurance companies and health maintenance organizations
  46-20  licensed to transact business, except that the system may not
  46-21  directly issue health benefit plans.  The system is exempt from all
  46-22  taxes.  The system may:
  46-23              (1)  enter into contracts necessary or proper to carry
  46-24  out the provisions and purposes of this subchapter and may, with
  46-25  the approval of the commissioner, enter into contracts with similar
   47-1  programs of other states for the joint performance of common
   47-2  functions or with persons or other organizations for the
   47-3  performance of administrative functions;
   47-4              (2)  sue or be sued, including taking legal actions
   47-5  necessary or proper to recover assessments and penalties for, on
   47-6  behalf of, or against the system or a reinsured carrier;
   47-7              (3)  take legal action necessary to avoid the payment
   47-8  of improper claims against the system;
   47-9              (4)  issue reinsurance contracts in accordance with the
  47-10  requirements of this subchapter;
  47-11              (5)  establish guidelines, conditions, and procedures
  47-12  for reinsuring risks under the plan of operation;
  47-13              (6)  establish actuarial functions as appropriate for
  47-14  the operation of the system;
  47-15              (7)  assess reinsured carriers in accordance with the
  47-16  provisions of Article 26.60 of this code and make advance interim
  47-17  assessments as may be reasonable and necessary for organizational
  47-18  and interim operating expenses, provided that any interim
  47-19  assessments shall be credited as offsets against regular
  47-20  assessments due after the close of the fiscal year;
  47-21              (8)  appoint appropriate legal, actuarial, and other
  47-22  committees as necessary to provide technical assistance in the
  47-23  operation of the system, policy and other contract design, and any
  47-24  other function within the authority of the system; and
  47-25              (9)  borrow money for a period not to exceed one year
   48-1  to effect the purposes of the system, provided that any notes or
   48-2  other evidence of indebtedness of the system not in default shall
   48-3  be legal investments for small employer carriers and may be carried
   48-4  as admitted assets.
   48-5        Art. 26.57.  AUDIT BY STATE AUDITOR.  (a)  The state auditor
   48-6  shall conduct annually a special audit of the system under Chapter
   48-7  321, Government Code.  The state auditor's report shall include a
   48-8  financial audit and an economy and efficiency audit.
   48-9        (b)  The state auditor shall report the cost of each audit
  48-10  conducted under this article to the board of directors and the
  48-11  comptroller, and the board of directors shall remit that amount to
  48-12  the comptroller for deposit to the general revenue fund.
  48-13        Art. 26.58.  REINSURANCE.  (a)  A small employer carrier may
  48-14  reinsure risks covered under the small employer health benefit
  48-15  plans with the system as provided by this article.
  48-16        (b)  The system shall reinsure the level of coverage provided
  48-17  under the small employer health benefit plans.
  48-18        (c)  A small employer carrier may reinsure an entire small
  48-19  employer group not later than the 60th day after the date on which
  48-20  the group's coverage under the small employer health benefit plans
  48-21  takes effect.  A small employer carrier may reinsure an eligible
  48-22  employee of a small employer or the employee's dependent not later
  48-23  than the 60th day after the date on which that individual's
  48-24  coverage takes effect.  A newly eligible employee or dependent of a
  48-25  reinsured small employer group or an individual covered under the
   49-1  small employer health benefit plans may be reinsured not later than
   49-2  the 60th day after the date on which that individual's coverage
   49-3  takes effect.
   49-4        (d)  The system may not reimburse a reinsured carrier for the
   49-5  claims of any reinsured individual until the carrier has incurred
   49-6  an initial level of claims for that individual in a calendar year
   49-7  of $5,000 for benefits covered by the system.  In addition, the
   49-8  reinsured carrier is responsible for 10 percent of the next $50,000
   49-9  of benefit payments during a calendar year, and the system shall
  49-10  reinsure the remainder.  A reinsured carrier's liability to any
  49-11  insured individual may not exceed a maximum of $10,000 in any one
  49-12  calendar year for that individual.
  49-13        (e)  The board of directors annually shall adjust the initial
  49-14  level of claims and the maximum to be retained by the carrier
  49-15  established under Subsection (d) of this article to reflect
  49-16  increases in costs and in use for small employer health benefit
  49-17  plans in this state.  The adjustment may not be less than the
  49-18  annual change in the medical component of the Consumer Price Index
  49-19  for All Urban Consumers published by the Bureau of Labor Statistics
  49-20  of the United States Department of Labor unless the board of
  49-21  directors proposes and the commissioner approves a lower adjustment
  49-22  factor.
  49-23        (f)  A small employer carrier may terminate reinsurance with
  49-24  the system for one or more of the reinsured employees or dependents
  49-25  of employees of a small employer on a contract anniversary of the
   50-1  small employer health benefit plans.
   50-2        (g)  Except as provided in the plan of operation, a reinsured
   50-3  carrier shall apply consistently with respect to reinsured and
   50-4  nonreinsured business all managed care procedures, including
   50-5  utilization review, individual case management, preferred provider
   50-6  provisions, and other managed care provisions or methods of
   50-7  operation.
   50-8        Art. 26.59.  PREMIUM RATES.  (a)  As part of the plan of
   50-9  operation, the board of directors shall adopt a method to determine
  50-10  premium rates to be charged by the system for reinsuring small
  50-11  employer groups and individuals under this subchapter.
  50-12        (b)  The method adopted must include classification systems
  50-13  for small employer groups that reflect the variations in premium
  50-14  rates allowed in this chapter and must provide for the development
  50-15  of base reinsurance premium rates that reflect the allowable
  50-16  variations.  The base reinsurance premium rates shall be
  50-17  established by the board of directors, subject to the approval of
  50-18  the board, and shall be set at levels that reasonably approximate
  50-19  the gross premiums charged to small employers by small employer
  50-20  carriers for the small employer health benefit plans, adjusted to
  50-21  reflect retention levels required under this subchapter.  The board
  50-22  of directors periodically shall review the method adopted under
  50-23  this subsection, including the classification system and any rating
  50-24  factors, to ensure that the method reasonably reflects the claim
  50-25  experience of the system.  The board of directors may propose
   51-1  changes to the method.  The changes are subject to the approval of
   51-2  the board.
   51-3        (c)  An entire small employer group may be reinsured at a
   51-4  rate that is 1-1/2 times the base reinsurance premium rate for that
   51-5  group.  An eligible employee of a small employer or the employee's
   51-6  dependent covered under the small employer health benefit plans may
   51-7  be reinsured at a rate that is five times the base reinsurance
   51-8  premium rate for that individual.
   51-9        (d)  The board of directors may consider adjustments to the
  51-10  premium rates charged by the system to reflect the use of effective
  51-11  cost containment and managed care arrangements.
  51-12        Art. 26.60.  ASSESSMENTS.  (a)  Not later than March 1 of
  51-13  each year, the board of directors shall determine and report to the
  51-14  commissioner the system net loss for the previous calendar year,
  51-15  including administrative expenses and incurred losses for the year,
  51-16  taking into account investment income and other appropriate gains
  51-17  and losses.  Any net loss for the year must be recouped by
  51-18  assessments on reinsured carriers.  Each reinsured carrier's
  51-19  assessment shall be determined annually by the board of directors
  51-20  based on annual statements and other reports required by the board
  51-21  of directors and filed with that board.  The board of directors
  51-22  shall establish, as part of the plan of operation, a formula by
  51-23  which to make assessments against reinsured carriers.  With the
  51-24  approval of the commissioner, the board of directors may change the
  51-25  assessment formula from time to time as appropriate.  The board of
   52-1  directors shall base the assessment formula on each reinsured
   52-2  carrier's share of:
   52-3              (1)  the total premiums earned in the preceding
   52-4  calendar year from the small employer health benefit plans
   52-5  delivered or issued for delivery by reinsured carriers to small
   52-6  employer groups in this state; and
   52-7              (2)  the premiums earned in the preceding calendar year
   52-8  from newly issued small employer health benefit plans delivered or
   52-9  issued for delivery during the calendar year by reinsured carriers
  52-10  to small employer groups in this state.
  52-11        (b)  The formula established under Subsection (a) of this
  52-12  article may not result in an assessment share for a reinsured
  52-13  carrier that is less than 50 percent or more than 150 percent of an
  52-14  amount based on the proportion of the total premium earned in the
  52-15  preceding calendar year from the small employer health benefit
  52-16  plans delivered or issued for delivery to small employer groups in
  52-17  this state by that reinsured carrier to the total premiums earned
  52-18  in the preceding calendar year from small employer health benefit
  52-19  plans delivered or issued for delivery to small employer groups in
  52-20  this state by all reinsured carriers.  Premiums earned by a
  52-21  reinsured carrier that are less than an amount determined by the
  52-22  board of directors to justify the cost of collection of an
  52-23  assessment based on those premiums may not be considered by the
  52-24  board of directors in determining assessments.
  52-25        (c)  With the approval of the commissioner, the board of
   53-1  directors may adjust the assessment formula for reinsured carriers
   53-2  that are approved health maintenance organizations that are
   53-3  federally qualified under Subchapter XI, Public Health Service Act
   53-4  (42 U.S.C. Section 300e et seq.), to the extent that any
   53-5  restrictions are imposed on those health maintenance organizations
   53-6  that are not imposed on other health carriers.
   53-7        Art. 26.61.  EVALUATION OF SYSTEM.  (a)  Not later than March
   53-8  1 of each year, the board of directors shall file with the
   53-9  commissioner an estimate of the assessments necessary to fund the
  53-10  losses for small employer groups incurred by the system during the
  53-11  previous calendar year.
  53-12        (b)  If the board of directors determines that the necessary
  53-13  assessments exceed five percent of the total premiums earned in the
  53-14  previous calendar year from small employer health benefit plans
  53-15  delivered or issued for delivery by reinsured carriers to small
  53-16  employer groups in this state, the board of directors shall
  53-17  evaluate the operation of the system and shall report its findings,
  53-18  including any recommendations for changes to the plan of operation,
  53-19  to the commissioner not later than April 1 of the year following
  53-20  the calendar year in which the losses were incurred.  The
  53-21  evaluation must include an estimate of future assessments and must
  53-22  consider the administrative costs of the system, the
  53-23  appropriateness of the premiums charged, the level of insurer
  53-24  retention under the system, and the costs of coverage for small
  53-25  employer groups.
   54-1        (c)  If the board of directors fails to timely file a report,
   54-2  the commissioner may evaluate the operations of the system and may
   54-3  implement amendments to the plan of operation as considered
   54-4  necessary by the commissioner to reduce future losses and
   54-5  assessments.
   54-6        (d)  Reinsured carriers may not write small employer health
   54-7  benefit plans on a guaranteed issue basis during a calendar year if
   54-8  the assessment amount payable for the previous calendar year is at
   54-9  least five percent of the total premiums earned in that calendar
  54-10  year from small employer health benefit plans delivered or issued
  54-11  for delivery by reinsured carriers in this state.
  54-12        (e)  Reinsured carriers may not write small employer health
  54-13  benefit plans on a guaranteed issue basis after the board of
  54-14  directors determines that the expected loss from the reinsurance
  54-15  system for a year will exceed the total amount of assessments
  54-16  payable at a rate of five percent of the total premiums earned for
  54-17  the previous calendar year.  Reinsured carriers may not resume
  54-18  writing small employer health benefit plans on a guaranteed issue
  54-19  basis until the board of directors determines that the expected
  54-20  loss will be less than the maximum established by this subsection.
  54-21        (f)  The maximum assessment amount payable for a calendar
  54-22  year may not exceed five percent of the total premiums earned in
  54-23  the preceding calendar year from small employer health benefit
  54-24  plans delivered or issued for delivery by reinsured carriers in
  54-25  this state.
   55-1        Art. 26.62.  DEFERMENT OF ASSESSMENT.  (a)  A reinsured
   55-2  carrier may petition the commissioner for a deferment in whole or
   55-3  in part of an assessment imposed by the board of directors.
   55-4        (b)  The commissioner may defer all or part of the assessment
   55-5  of a reinsured carrier if the commissioner determines that the
   55-6  payment of the assessment would endanger the ability of the
   55-7  reinsured carrier to fulfill its contractual obligations.
   55-8        (c)  If an assessment against a reinsured carrier is
   55-9  deferred, the amount deferred shall be assessed against the other
  55-10  reinsured carriers in a manner consistent with the basis for
  55-11  assessment established by this subchapter.
  55-12        (d)  A reinsured carrier receiving a deferment is liable to
  55-13  the system for the amount deferred and is prohibited from
  55-14  marketing, delivering, or issuing for delivery a small employer
  55-15  health benefit plan or reinsuring any individual or group with the
  55-16  system until it pays the outstanding assessment.
  55-17                       SUBCHAPTER G.  MARKETING
  55-18        Art. 26.71.  FAIR MARKETING.  (a)  Each small employer
  55-19  carrier shall market the small employer health benefit plan through
  55-20  properly licensed agents to eligible small employers in this state.
  55-21  Each small employer purchasing a small employer health benefit plan
  55-22  must affirm that the agent who sold the plan offered and explained
  55-23  all three plans to that employer.
  55-24        (b)  The department may require periodic demonstration by
  55-25  small employer carriers and agents that those carriers and agents
   56-1  are marketing or issuing small employer health benefit plans to
   56-2  small employers in fulfillment of the purposes of this article.
   56-3        (c)  The department may require periodic reports by small
   56-4  employer carriers and agents regarding small employer health
   56-5  benefit plans issued by those carriers and agents.  The reporting
   56-6  requirements shall include information regarding case
   56-7  characteristics and the numbers of small employer health benefit
   56-8  plans in various categories that are marketed or issued to small
   56-9  employers.
  56-10        Art. 26.72.  HEALTH STATUS AND CLAIMS EXPERIENCE; PROHIBITED
  56-11  ACTS.  (a)  A small employer carrier or agent may not, directly or
  56-12  indirectly:
  56-13              (1)  encourage or direct a small employer to refrain
  56-14  from applying for coverage with the small employer carrier because
  56-15  of health status or claim experience of the eligible employees and
  56-16  dependents of the small employer;
  56-17              (2)  encourage or direct a small employer to seek
  56-18  coverage from another health carrier because of health status or
  56-19  claim experience of the eligible employees and dependents of the
  56-20  small employer; or
  56-21              (3)  encourage or direct a small employer to apply for
  56-22  a particular small employer health benefit plan because of health
  56-23  status or claim experience of the eligible employees and dependents
  56-24  of the small employer.
  56-25        (b)  A small employer carrier may not, directly or
   57-1  indirectly, enter into an agreement or arrangement with an agent
   57-2  that provides for or results in the compensation paid to an agent
   57-3  for the sale of the small employer health benefit plans to be
   57-4  varied because of health status or claim experience.
   57-5        (c)  Subsection (b) of this article does not apply to an
   57-6  arrangement that provides compensation to an agent on the basis of
   57-7  percentage of premium, provided that the percentage may not vary
   57-8  because of health status or claim experience.
   57-9        (d)  A small employer carrier or agent may not encourage a
  57-10  small employer to exclude an eligible employee from health coverage
  57-11  provided in connection with the employee's employment.
  57-12        Art. 26.73.  AGENTS.  (a)  A small employer carrier shall pay
  57-13  the same commission, percentage of premium or other amount to an
  57-14  agent for renewal of a small employer health benefit plan as the
  57-15  carrier paid for original placement of the plan.  Compensation for
  57-16  renewal of a plan may be adjusted upward to reflect an increase in
  57-17  the cost of living or similar factors.
  57-18        (b)  A small employer carrier may not terminate, fail to
  57-19  renew, or limit its contract or agreement of representation with an
  57-20  agent for any reason related to the health status or claim
  57-21  experience of a small employer group placed by the agent with the
  57-22  carrier.
  57-23        Art. 26.74.  WRITTEN STATEMENT OF DENIAL, CANCELLATION, OR
  57-24  REFUSAL TO RENEW.  Denial by a small employer carrier of an
  57-25  application for coverage from a small employer or a cancellation or
   58-1  refusal to renew must be in writing and must state the reason or
   58-2  reasons for the denial, cancellation, or refusal.
   58-3        Art. 26.75.  RULES.  The board may adopt rules setting forth
   58-4  additional standards to provide for the fair marketing and broad
   58-5  availability of small employer health benefit plans to small
   58-6  employers in this state.
   58-7        Art. 26.76.  VIOLATION.  (a)  A violation of Article 26.72 of
   58-8  this code by a small employer carrier or an agent is an unfair
   58-9  method of competition and an unfair or deceptive act or practice
  58-10  under Article 21.21 of this code.
  58-11        (b)  If a small employer carrier enters into an agreement
  58-12  with a third-party administrator to provide administrative,
  58-13  marketing, or other services related to the offering of small
  58-14  employer health benefit plans to small employers in this state, the
  58-15  third-party administrator is subject to this subchapter.
  58-16        SECTION 2.  Subchapter E, Chapter 21, Insurance Code, is
  58-17  amended by adding Article 21.52C to read as follows:
  58-18        Art. 21.52C.  UNIFORM CLAIM BILLING FORMS.  (a)  In this
  58-19  article:
  58-20              (1)  "Health benefit plan" means a group, blanket, or
  58-21  franchise insurance policy, a group hospital service contract, or a
  58-22  group subscriber contract or evidence of coverage issued by a
  58-23  health maintenance organization that provides benefits for health
  58-24  care services.
  58-25              (2)  "Health carrier" means any entity authorized under
   59-1  this code or another insurance law of this state that provides
   59-2  health insurance or health benefits in this state, including an
   59-3  insurance company, a group hospital service corporation under
   59-4  Chapter 20 of this code, a health maintenance organization under
   59-5  the Texas Health Maintenance Organization Act (Chapter 20A,
   59-6  Vernon's Texas Insurance Code), and a stipulated premium company
   59-7  authorized under Chapter 22 of this code.
   59-8              (3)  "Provider" means a person who provides health care
   59-9  under a license issued by this state, including a person listed in
  59-10  Section 2(B), Chapter 397, Acts of the 54th Legislature, Regular
  59-11  Session, 1955 (Article 3.70-2, Vernon's Texas Insurance Code), or
  59-12  in Article 21.52 of this code.
  59-13        (b)  A provider seeking payment or reimbursement under a
  59-14  health benefit plan and the health carrier that issued that plan
  59-15  must use uniform claim billing form UB-82/HCFA or HCFA 1500, or
  59-16  their successors, as developed by the National Uniform Billing
  59-17  Committee or its successor.
  59-18        SECTION 3.  Section 1(d)(3), Article 3.51-6, Insurance Code,
  59-19  is amended to read as follows:
  59-20              (3)  Any insurer or group hospital service corporation
  59-21  subject to Chapter 20, Insurance Code, who issues policies which
  59-22  provide hospital, surgical, or major medical expense insurance or
  59-23  any combination of these coverages on an expense incurred basis,
  59-24  but not a policy which provides benefits for specified disease or
  59-25  for accident only, shall provide a conversion or group continuation
   60-1  privilege as required by this subsection.  Any employee, member, or
   60-2  dependent whose insurance under the group policy has been
   60-3  terminated for any reason except involuntary termination for cause,
   60-4  including discontinuance of the group policy in its entirety or
   60-5  with respect to an insured class, and who has been continuously
   60-6  insured under the group policy and under any group policy providing
   60-7  similar benefits which it replaces for at least three consecutive
   60-8  months immediately prior to termination shall be entitled to such
   60-9  privilege as outlined in Paragraph (A), (B), or (C) below.
  60-10  Involuntary termination for cause does not include termination for
  60-11  any health-related cause.
  60-12                    (A)(i)  An insurer shall first offer to each
  60-13  employee, member, or dependent a  conversion policy without
  60-14  evidence of insurability if written application for and payment of
  60-15  the first premium is made not later than the 31st day after the
  60-16  date of the termination.  The converted policy shall provide the
  60-17  same coverage and benefits as provided under the group policy or
  60-18  plan.  The lifetime maximum benefits shall be computed from the
  60-19  initial date of the employee's, member's, or dependent's coverage
  60-20  with the group.  An insurer shall offer and an employee, member, or
  60-21  dependent may elect lesser coverage and benefits. <Coverage under
  60-22  an individual policy or group conversion policy of accident and
  60-23  health insurance without evidence of insurability if written
  60-24  application and payment of the first premium is made within 31 days
  60-25  after such termination.>  An employee, member, or dependent shall
   61-1  not be entitled to have a converted policy or plan issued if
   61-2  termination of the insurance <under the group policy> occurred
   61-3  because:  (aa) such person failed to pay any required premium; or
   61-4  (bb) any discontinued group coverage was replaced by similar group
   61-5  coverage within 31 days.
   61-6                          (ii)  An insurer shall not be required to
   61-7  issue a converted policy covering any person if:  (aa) such person
   61-8  is or could be covered by Medicare; (bb) such person is covered for
   61-9  similar benefits by another hospital, surgical, medical, or major
  61-10  medical expense insurance policy or hospital or medical service
  61-11  subscriber contract or medical practice or other prepayment plan or
  61-12  by any other plan or program; (cc) such person is eligible for
  61-13  similar benefits whether or not covered therefor under any
  61-14  arrangement of coverage for individuals in a group, whether on an
  61-15  insured or uninsured basis; or (dd) similar benefits are provided
  61-16  for or available to such person, pursuant to or in accordance with
  61-17  the requirements of any state or federal law<; or (ee) the benefits
  61-18  provided under the sources herein enumerated, together with the
  61-19  benefits provided by the converted policy, would result in
  61-20  overinsurance according to the insurer's standards.  The insurer's
  61-21  standards must bear some reasonable relationship to actual health
  61-22  care costs in the area in which the insured lives at the time of
  61-23  conversion and must be filed with the commissioner of insurance
  61-24  prior to their use in denying coverage>.  The board shall issue
  61-25  rules and regulations to establish minimum standards for benefits
   62-1  under policies issued pursuant to this subsection.
   62-2                    (B)(i)  Policies subject to Paragraph (A) above
   62-3  shall provide at the <insurer's> option of the employee, member, or
   62-4  dependent in lieu of the requirements of Paragraph (A) continuation
   62-5  of group coverage for employees or members and their eligible
   62-6  dependents subject to the eligibility provisions of Paragraph (A).
   62-7                          (ii)  Continuation of group coverage <need
   62-8  not include dental, vision care, or prescription drug benefits and>
   62-9  must be requested in writing within 31 <21> days following the
  62-10  later of:  (aa) the date the group coverage would otherwise
  62-11  terminate; or (bb) the date the employee is given notice of the
  62-12  right of continuation by either the employer or the group
  62-13  policyholder.
  62-14                          (iii)  In no event may the employee or
  62-15  member elect continuation more than 31 days after the date of such
  62-16  termination.
  62-17                          (iv)  An employee or member electing
  62-18  continuation must pay to the group policyholder or employer, on a
  62-19  monthly basis in advance, the amount of contribution required by
  62-20  the policyholder or employer, plus two percent of <but not more
  62-21  than> the group rate for the insurance being continued under the
  62-22  group policy on the due date of each payment.
  62-23                          (v)  The employee's or member's written
  62-24  election of continuation, together with the first contribution
  62-25  required to establish contributions on a monthly basis in advance,
   63-1  must be given to the policyholder or employer within 31 days of the
   63-2  date coverage would otherwise terminate.
   63-3                          (vi)  Continuation may not terminate until
   63-4  the earliest of:  (aa) six months after the date the election is
   63-5  made; (bb) failure to make timely payments; (cc) the date on which
   63-6  the group coverage terminates in its entirety; (dd) or one of the
   63-7  conditions specified in items (aa) through (dd) <(ee)> of
   63-8  Subparagraph (ii), Paragraph (A) above is met by the covered
   63-9  individual.
  63-10                    (C)  The insurer may elect to provide the
  63-11  conversion coverage on an individual or group basis <group
  63-12  insurance coverage in lieu of the issuance of a converted policy
  63-13  under Paragraph (A) above>.
  63-14        The premium for the converted policy issued under Paragraph
  63-15  (A) of this subdivision shall <or the group coverage under
  63-16  Paragraph (C) of this subdivision, should> be determined in
  63-17  accordance with the insurer's table of premium rates for coverage
  63-18  that was provided under the group policy or plan.  The premium may
  63-19  be based on the age and geographic location of each person to be
  63-20  covered and the type of converted policy.  The premium for the same
  63-21  coverage and benefits under a converted policy may not exceed 200
  63-22  percent of the premium determined in accordance with this
  63-23  paragraph.  The premium must be based on the type of converted
  63-24  policy and the coverage provided by the policy <applicable to the
  63-25  age and class of risk of each person to be covered under that
   64-1  policy and the type and amount of insurance provided>.
   64-2        SECTION 4.  Subchapter E, Chapter 21, Insurance Code, is
   64-3  amended by adding Article 21.52D to read as follows:
   64-4        Art. 21.52D.  REVIEW OF MANDATED COVERAGE IN HEALTH BENEFIT
   64-5  PLANS
   64-6        Sec. 1.  DEFINITIONS.  In this article:
   64-7              (1)  "Commissioner" means the commissioner of
   64-8  insurance.
   64-9              (2)  "Health benefit plan" means:
  64-10                    (A)  an individual, group, blanket, or franchise
  64-11  insurance policy, insurance agreement, or group hospital service
  64-12  contract that provides benefits for medical or surgical expenses
  64-13  incurred as a result of an accident or sickness; or
  64-14                    (B)  an evidence of coverage or group subscriber
  64-15  contract issued by a health maintenance organization.
  64-16              (3)  "Mandated benefit provision" means a provision of
  64-17  law that requires a health benefit plan to:
  64-18                    (A)  cover a particular health care service or
  64-19  provide a particular benefit;
  64-20                    (B)  cover a particular class of persons; or
  64-21                    (C)  provide for the reimbursement, use, or
  64-22  consideration of a particular category of health care
  64-23  practitioners.
  64-24              (4)  "Panel" means the mandated benefit review panel
  64-25  appointed under this article.
   65-1        Sec. 2.  MANDATED BENEFIT REVIEW PANEL.  (a)  The mandated
   65-2  benefit review panel is composed of three senior researchers
   65-3  appointed by the commissioner.  Two members of the panel must be
   65-4  experts in health research or biostatistics and must serve on the
   65-5  faculty of a university located in this state.
   65-6        (b)  Members of the panel serve staggered six-year terms,
   65-7  with the term of one member expiring February 1 of each
   65-8  odd-numbered year.  If there is a vacancy during a term, the
   65-9  commissioner shall appoint a replacement who meets the
  65-10  qualifications of the vacated office to fill the unexpired term.
  65-11        (c)  A member of the panel is not entitled to compensation
  65-12  but is entitled to reimbursement for actual and necessary expenses
  65-13  incurred in performing duties as a member of the panel at the rate
  65-14  provided for that reimbursement by the General Appropriations Act.
  65-15        (d)  The department shall provide staff for the panel in
  65-16  accordance with legislative appropriation.
  65-17        Sec. 3.  REFERRAL OF BILL; REPORT.  (a)  The presiding
  65-18  officer of either house of the legislature shall refer a bill
  65-19  proposing a mandated benefit provision or an amendment to a
  65-20  mandated benefit provision to the panel for a review and report in
  65-21  accordance with this article.
  65-22        (b)  Not later than the 30th day after the date the bill is
  65-23  referred to the panel, the panel shall issue a report.
  65-24        (c)  The panel shall provide a summary and copy of the
  65-25  panel's report to the presiding officer of each house of the
   66-1  legislature and to the commissioner.
   66-2        (d)  The summary must include:
   66-3              (1)  a brief description of the mandated benefit
   66-4  provision;
   66-5              (2)  the panel's conclusion on the necessity, cost,
   66-6  cost effectiveness, and medical efficacy of the provision;
   66-7              (3)  research evidencing the medical efficacy of the
   66-8  health care service; and
   66-9              (4)  the manner in which similar mandated benefit
  66-10  provisions enacted in other states have affected health care and
  66-11  health insurance costs in those states.
  66-12        Sec. 4.  REPORT ON EXISTING MANDATED BENEFIT PROVISIONS.
  66-13  (a)  Not later than February 1, 1995, the panel shall issue a
  66-14  report on each mandated benefit provision that is in effect on the
  66-15  date the report is issued.
  66-16        (b)  The panel shall provide a copy of the panel's report to
  66-17  the presiding officer of each house of the legislature and to the
  66-18  commissioner.
  66-19        (c)  The panel's report under this section must include:
  66-20              (1)  a brief description of each mandated benefit
  66-21  provision;
  66-22              (2)  the panel's conclusion on the necessity, cost,
  66-23  cost effectiveness, and medical efficacy of each provision;
  66-24              (3)  research evidencing the medical efficacy of each
  66-25  health care service; and
   67-1              (4)  the manner in which similar mandated benefit
   67-2  provisions enacted in other states have affected health care and
   67-3  health insurance costs in those states.
   67-4        SECTION 5.  HEALTH INSURANCE ACCESS STUDY.  (a)  A
   67-5  comprehensive study of guaranteed issue as a feature of health
   67-6  insurance reform shall be conducted on behalf of the legislature.
   67-7        (b)  The study shall be conducted by a committee composed of:
   67-8              (1)  two members of the senate appointed by the
   67-9  lieutenant governor;
  67-10              (2)  two members of the house of representatives
  67-11  appointed by the speaker of the house of representatives;
  67-12              (3)  a representative of the business community in this
  67-13  state appointed by the lieutenant governor;
  67-14              (4)  a representative of the business community in this
  67-15  state appointed by the speaker of the house of representatives;
  67-16              (5)  a representative of the insurance industry
  67-17  appointed by the lieutenant governor;
  67-18              (6)  a representative of the insurance industry
  67-19  appointed by the speaker of the house of representatives;
  67-20              (7)  a representative of health care providers
  67-21  appointed by the lieutenant governor;
  67-22              (8)  a representative of health care providers
  67-23  appointed by the speaker of the house of representatives;
  67-24              (9)  a representative of consumer groups appointed by
  67-25  the lieutenant governor; and
   68-1              (10)  a representative of consumer groups appointed by
   68-2  the speaker of the house of representatives.
   68-3        (c)  A member of the committee is entitled to reimbursement
   68-4  for expenses incurred in carrying out official duties as a member
   68-5  of the committee at the rate specified in the General
   68-6  Appropriations Act.
   68-7        (d)  The committee shall:
   68-8              (1)  investigate and evaluate the experience of other
   68-9  jurisdictions in which guaranteed issue of health benefit plans has
  68-10  been required;
  68-11              (2)  collect and evaluate data regarding the effect of
  68-12  guaranteed issue requirements on health insurance availability and
  68-13  accessibility; and
  68-14              (3)  collect and evaluate data regarding the effect of
  68-15  guaranteed issue requirements on health insurance rates.
  68-16        (e)  Not later than January 1, 1995, the committee shall
  68-17  prepare and present its report.  The report shall include
  68-18  recommended statutory or rule changes to implement the committee's
  68-19  recommendations.  The committee shall file copies of the report
  68-20  with the Legislative Reference Library, the governor's office, the
  68-21  secretary of the senate, the chief clerk of the house of
  68-22  representatives, the Texas Department of Insurance, and the Office
  68-23  of Public Insurance Counsel.
  68-24        (f)  On request of the committee, the Texas Legislative
  68-25  Council, senate, and house of representatives shall provide staff
   69-1  as necessary to carry out the duties of the committee.
   69-2        (g)  The operating expenses of the committee shall be paid
   69-3  from available funds of the legislature.
   69-4        SECTION 6.  REINSURANCE STUDY.  (a)  The Texas Department of
   69-5  Insurance shall initiate a comprehensive study of the reinsurance
   69-6  system established by Subchapter F, Chapter 26, Insurance Code, as
   69-7  added by this Act.
   69-8        (b)  The department shall review and analyze, from an
   69-9  actuarial standpoint, the potential cost of catastrophic losses to
  69-10  the system and recommend funding methods to adequately finance any
  69-11  anticipated losses to the system.  The department shall also
  69-12  develop an actuarial model for the system's operation.  The
  69-13  department shall fully investigate the experience of other states
  69-14  with health reinsurance systems.
  69-15        (c)  The department shall report its findings to the
  69-16  governor, lieutenant governor, and speaker of the house of
  69-17  representatives not later than January 1, 1995.
  69-18        SECTION 7.  (a)  Not later than November 1, 1993, each health
  69-19  carrier subject to Chapter 26, Insurance Code, as added by this
  69-20  Act, shall file a report with the commissioner that states the
  69-21  carrier's gross premiums derived from health benefit plans
  69-22  delivered, issued for delivery, or renewed to small employers in
  69-23  1992.
  69-24        (b)  Not later than November 1, 1994, each health carrier
  69-25  subject to Chapter 26, Insurance Code, as added by this Act, shall
   70-1  file with the commissioner an update to the report required by
   70-2  Subsection (a) of this section.
   70-3        SECTION 8.  Not later than July 1, 1995, a small employer
   70-4  carrier subject to Chapter 26, Insurance Code, as added by this
   70-5  Act, shall notify the commissioner of its initial election to
   70-6  operate as a risk-assuming or reinsured carrier under Article
   70-7  26.51, Insurance Code, as added by this Act.
   70-8        SECTION 9.  In making the initial appointments to the board
   70-9  of trustees of the Texas Health Benefits Purchasing Cooperative
  70-10  established under Subchapter B, Chapter 26, Insurance Code, as
  70-11  added by this Act, the governor shall appoint two members for terms
  70-12  expiring February 1, 1995, two members for terms expiring February
  70-13  1, 1997, and two members for terms expiring February 1, 1999.
  70-14        SECTION 10.  (a)  Except as otherwise provided by this
  70-15  section, this Act takes effect September 1, 1993.
  70-16        (b)  A health carrier is not required to offer, deliver, or
  70-17  issue for delivery a small employer health benefit plan, as
  70-18  required by Subchapter E, Chapter 26, Insurance Code, as added by
  70-19  this Act, before January 1, 1994.
  70-20        (c)  The Texas Health Reinsurance System may not reinsure a
  70-21  risk in accordance with Subchapter F, Chapter 26, Insurance Code,
  70-22  as added by this Act, before September 1, 1995.
  70-23        (d)  Article 21.52C, Insurance Code, as added by this Act,
  70-24  applies only to the use of a claim billing form on or after January
  70-25  1, 1994.
   71-1        (e)  Section 1(d)(3), Article 3.51-6, Insurance Code, as
   71-2  amended by this Act, applies only to conversion of a policy
   71-3  delivered, issued for delivery, or renewed on or after January 1,
   71-4  1994.  Conversion of a policy that was delivered, issued for
   71-5  delivery, or renewed before January 1, 1994, is governed by the law
   71-6  in effect immediately before the effective date of this Act, and
   71-7  that law is continued in effect for this purpose.
   71-8        (f)  Article 26.21(a), Insurance Code, as added by this Act,
   71-9  is effective September 1, 1995.
  71-10        SECTION 11.  In making the initial appointments to the
  71-11  mandated benefit review panel created under Article 21.52D,
  71-12  Insurance Code, as added by this Act, the commissioner of insurance
  71-13  shall appoint one member for a term expiring February 1, 1995, one
  71-14  member for a term expiring February 1, 1997, and one member for a
  71-15  term expiring February 1, 1999.
  71-16        SECTION 12.  To the extent that any provision of this law
  71-17  conflicts with Article 20.11, 21.52, 21.52B, or 21.53, Insurance
  71-18  Code, or with Section 14, Texas Health Maintenance Organization Act
  71-19  (Article 20A.14, Vernon's Texas Insurance Code), the provisions of
  71-20  Article 20.11, 21.52, 21.52B, or 21.53, Insurance Code, or Section
  71-21  14, Texas Health Maintenance Organization Act (Article 20A.14,
  71-22  Vernon's Texas Insurance Code), as appropriate, shall prevail.
  71-23        SECTION 13.  The importance of this legislation and the
  71-24  crowded condition of the calendars in both houses create an
  71-25  emergency and an imperative public necessity that the
   72-1  constitutional rule requiring bills to be read on three several
   72-2  days in each house be suspended, and this rule is hereby suspended.