1-1  By:  Martin, McCall, Harris, et al.                   H.B. No. 2055
    1-2       (Senate Sponsor - Parker)
    1-3        (In the Senate - Received from the House April 29, 1993;
    1-4  April 30, 1993, read first time and referred to Committee on
    1-5  Economic Development; May 18, 1993, reported adversely, with
    1-6  favorable Committee Substitute by the following vote:  Yeas 10,
    1-7  Nays 0; May 18, 1993, sent to printer.)
    1-8                            COMMITTEE VOTE
    1-9                          Yea     Nay      PNV      Absent 
   1-10        Parker             x                               
   1-11        Lucio              x                               
   1-12        Ellis              x                               
   1-13        Haley              x                               
   1-14        Harris of Dallas                               x   
   1-15        Harris of Tarrant  x                               
   1-16        Leedom             x                               
   1-17        Madla              x                               
   1-18        Rosson             x                               
   1-19        Shapiro            x                               
   1-20        Wentworth          x                               
   1-21  COMMITTEE SUBSTITUTE FOR H.B. No. 2055                  By:  Parker
   1-22                         A BILL TO BE ENTITLED
   1-23                                AN ACT
   1-24  relating to health insurance and health costs and the availability
   1-25  of health insurance coverage for certain individuals and small
   1-26  employers.
   1-27        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-28        SECTION 1.  The Insurance Code is amended by adding Chapter
   1-29  26 to read as follows:
   1-30              CHAPTER 26.  HEALTH INSURANCE AVAILABILITY
   1-31                   SUBCHAPTER A.  GENERAL PROVISIONS
   1-32        Art. 26.01.  SHORT TITLE.  This chapter may be cited as the
   1-33  Small Employer Health Insurance Availability Act.
   1-34        Art. 26.02.  DEFINITIONS.  In this chapter:
   1-35              (1)  "Affiliated employer" means a person connected by
   1-36  commonality of ownership with a small employer.  The term includes
   1-37  a person that owns a small employer, shares directors with a small
   1-38  employer, or is eligible to file a consolidated tax return with a
   1-39  small employer.
   1-40              (2)  "Agent" means a person who may act as an agent for
   1-41  the sale of a health benefit plan under a license issued under
   1-42  Section 15 or 15A, Texas Health Maintenance Organization Act
   1-43  (Article 20A.15 or 20A.15A, Vernon's Texas Insurance Code), or
   1-44  under Subchapter A, Chapter 21, of this code.
   1-45              (3)  "Base premium rate" means, for each class of
   1-46  business and for a specific rating period, the lowest premium rate
   1-47  that is charged or that could be charged under a rating system for
   1-48  that class of business by the small employer carrier to small
   1-49  employers with similar case characteristics for small employer
   1-50  health benefit plans with the same or similar coverage.
   1-51              (4)  "Board of directors" means the board of directors
   1-52  of the Texas Health Reinsurance System.
   1-53              (5)  "Case characteristics" means, with respect to a
   1-54  small employer, the geographic area in which that employer's
   1-55  employees reside, the age and gender of the individual employees
   1-56  and their dependents, the appropriate industry classification as
   1-57  determined by the small employer carrier, the number of employees
   1-58  and dependents, and other objective criteria as established by the
   1-59  small employer carrier that are considered by the small employer
   1-60  carrier in setting premium rates for that small employer.  The term
   1-61  does not include claim experience, health status, duration of
   1-62  coverage since the date of issuance of a health benefit plan, or
   1-63  whether a covered person is or may become pregnant.
   1-64              (6)  "Class of business" means all small employers or a
   1-65  separate grouping of small employers established under this
   1-66  chapter.
   1-67              (7)  "Dependent" means:
   1-68                    (A)  a spouse;
    2-1                    (B)  a newborn child;
    2-2                    (C)  a child under the age of 19 years;
    2-3                    (D)  a child who is a full-time student under the
    2-4  age of 23 years and who is financially dependent on the parent;
    2-5                    (E)  a child of any age who is medically
    2-6  certified as disabled and dependent on the parent; and
    2-7                    (F)  any person who must be covered under:
    2-8                          (i)  Section 3D or 3E, Article 3.51-6, of
    2-9  this code; or
   2-10                          (ii)  Section 2(L), Chapter 397, Acts of
   2-11  the 54th Legislature, Regular Session, 1955 (Article 3.70-2,
   2-12  Vernon's Texas Insurance Code).
   2-13              (8)  "Eligible employee" means an employee who works on
   2-14  a full-time basis and who usually works at least 30 hours a week.
   2-15  The term includes a sole proprietor, a partner, and an independent
   2-16  contractor, if the sole proprietor, partner, or independent
   2-17  contractor is included as an employee under a health benefit plan
   2-18  of a small employer.  The term does not include:
   2-19                    (A)  an employee who works on a part-time,
   2-20  temporary, or substitute basis; or
   2-21                    (B)  an employee who is covered under:
   2-22                          (i)  another health benefit plan; or
   2-23                          (ii)  an employee welfare benefit plan that
   2-24  provides health benefits and that is established in accordance with
   2-25  the Employee Retirement Income Security Act of 1974 (29 U.S.C.
   2-26  Section 1001 et seq.).
   2-27              (9)  "Health benefit plan" means a group, blanket, or
   2-28  franchise insurance policy, a certificate issued under a group
   2-29  policy, a group hospital service contract, or a group subscriber
   2-30  contract or evidence of coverage issued by a health maintenance
   2-31  organization that provides benefits for health care services.  The
   2-32  term does not include:
   2-33                    (A)  accident-only insurance coverage;
   2-34                    (B)  credit insurance coverage;
   2-35                    (C)  disability insurance coverage;
   2-36                    (D)  specified disease coverage or other limited
   2-37  benefit policies;
   2-38                    (E)  coverage of Medicare services under a
   2-39  federal contract;
   2-40                    (F)  Medicare supplement and Medicare Select
   2-41  policies regulated in accordance with federal law;
   2-42                    (G)  long-term care insurance coverage;
   2-43                    (H)  coverage limited to dental care;
   2-44                    (I)  coverage limited to care of vision;
   2-45                    (J)  coverage provided by a single service health
   2-46  maintenance organization;
   2-47                    (K)  insurance coverage issued as a supplement to
   2-48  liability insurance;
   2-49                    (L)  insurance coverage arising out of a workers'
   2-50  compensation system or similar statutory system;
   2-51                    (M)  automobile medical payment insurance
   2-52  coverage;
   2-53                    (N)  jointly managed trusts authorized under 29
   2-54  U.S.C. Section 141 et seq. that contain a plan of benefits for
   2-55  employees that is negotiated in a collective bargaining agreement
   2-56  governing wages, hours, and working conditions of the employees
   2-57  that is authorized under 29 U.S.C. Section 157;
   2-58                    (O)  hospital confinement indemnity coverage; or
   2-59                    (P)  reinsurance contracts issued on a stop-loss,
   2-60  quota-share, or similar basis.
   2-61              (10)  "Health carrier" means any entity authorized
   2-62  under this code or another insurance law of this state that
   2-63  provides health insurance or health benefits in this state,
   2-64  including an insurance company, a group hospital service
   2-65  corporation under Chapter 20 of this code, a health maintenance
   2-66  organization under the Texas Health Maintenance Organization Act
   2-67  (Chapter 20A, Vernon's Texas Insurance Code), and a stipulated
   2-68  premium company under Chapter 22 of this code.
   2-69              (11)  "Index rate" means, for each class of business as
   2-70  to a rating period for small employers with similar case
    3-1  characteristics, the arithmetic average of the applicable base
    3-2  premium rate and corresponding highest premium rate.
    3-3              (12)  "Late enrollee" means an eligible employee or
    3-4  dependent who requests enrollment in a small employer's health
    3-5  benefit plan after the expiration of the initial enrollment period
    3-6  established under the terms of the first plan for which that
    3-7  employee or dependent was eligible through the small employer.  An
    3-8  eligible employee or dependent is not a late enrollee if:
    3-9                    (A)  the individual:
   3-10                          (i)  was covered under another employer
   3-11  health benefit plan at the time the individual was eligible to
   3-12  enroll;
   3-13                          (ii)  states, at the time of the initial
   3-14  eligibility, that coverage under another employer health benefit
   3-15  plan was the reason for declining enrollment;
   3-16                          (iii)  has lost coverage under another
   3-17  employer health benefit plan as a result of the termination of
   3-18  employment, the termination of the other plan's coverage, the death
   3-19  of a spouse, or divorce; and
   3-20                          (iv)  requests enrollment not later than
   3-21  the 31st day after the date on which coverage under another
   3-22  employer health benefit plan terminates;
   3-23                    (B)  the individual is employed by an employer
   3-24  who offers multiple health benefit plans and the individual elects
   3-25  a different health benefit plan during an open enrollment period;
   3-26  or
   3-27                    (C)  a court has ordered coverage to be provided
   3-28  for a spouse or minor child under a covered employee's plan and
   3-29  request for enrollment is made not later than the 31st day after
   3-30  issuance of the date on which the court order is issued.
   3-31              (13)  "New business premium rate" means, for each class
   3-32  of business as to a rating period, the lowest premium rate that is
   3-33  charged or offered or that could be charged or offered by the small
   3-34  employer carrier to small employers with similar case
   3-35  characteristics for newly issued small employer health benefit
   3-36  plans that provide the same or similar coverage.
   3-37              (14)  "Person" means an individual, corporation,
   3-38  partnership, association, or other private legal entity.
   3-39              (15)  "Plan of operation" means the plan of operation
   3-40  of the system established under Article 26.55 of this code.
   3-41              (16)  "Preexisting condition provision" means a
   3-42  provision that denies, excludes, or limits coverage as to a disease
   3-43  or condition for a specified period after the effective date of
   3-44  coverage.
   3-45              (17)  "Premium" means all amounts paid by a small
   3-46  employer and eligible employees as a condition of receiving
   3-47  coverage from a  small employer carrier, including any fees or
   3-48  other contributions associated with a health benefit plan.
   3-49              (18)  "Rating period" means a calendar period for which
   3-50  premium rates established by a small employer carrier are assumed
   3-51  to be in effect.
   3-52              (19)  "Reinsured carrier" means a small employer
   3-53  carrier participating in the system.
   3-54              (20)  "Risk-assuming carrier" means a small employer
   3-55  carrier that elects not to participate in the system.
   3-56              (21)  "Small employer" means a person that is actively
   3-57  engaged in business and that, on at least 50 percent of its working
   3-58  days during the preceding calendar year, employed at least three
   3-59  but not more than 50 eligible employees, including the employees of
   3-60  an affiliated employer, the majority of whom were employed in this
   3-61  state.
   3-62              (22)  "Small employer carrier" means a health carrier,
   3-63  to the extent that that carrier is offering, delivering, issuing
   3-64  for delivery, or renewing health benefit plans subject to this
   3-65  chapter under Article 26.06(a) of this code.
   3-66              (23)  "Small employer health benefit plan" means the
   3-67  preventive and primary care benefit plan, the in-hospital benefit
   3-68  plan, or the standard health benefit plan described by Subchapter E
   3-69  of this chapter or any other health benefit plan offered to a small
   3-70  employer in accordance with Article 26.42(d) of this code.
    4-1              (24)  "System" means the Texas Health Reinsurance
    4-2  System established under Subchapter F of this chapter.
    4-3        Art. 26.03.  AFFILIATED CARRIERS.  (a)  For purposes of this
    4-4  chapter, health carriers that are affiliates or that are eligible
    4-5  to file a consolidated tax return are considered to be one carrier,
    4-6  and a restriction imposed by this chapter applies as if the health
    4-7  benefit plans delivered or issued for delivery to small employers
    4-8  in this state by the affiliates were issued by one carrier.
    4-9        (b)  An affiliate that is a health maintenance organization
   4-10  is considered to be a separate health carrier for purposes of this
   4-11  chapter.
   4-12        (c)  In this article, "affiliate" has the meaning assigned by
   4-13  Article 21.49-1 of this code.
   4-14        Art. 26.04.  RULES.  The board shall adopt rules to implement
   4-15  this chapter.
   4-16        Art. 26.05.  STATUTORY REFERENCES.  A reference in this
   4-17  chapter to a statutory provision applies to all reenactments,
   4-18  revisions, or amendments of that statutory provision.
   4-19        Art. 26.06.  APPLICABILITY.  (a)  An individual or group
   4-20  health benefit plan is subject to this chapter if it provides
   4-21  health care benefits covering three or more eligible employees of a
   4-22  small employer and if it meets any one of the following conditions:
   4-23              (1)  a portion of the premium or benefits is paid by or
   4-24  on behalf of a small employer;
   4-25              (2)  a covered individual is reimbursed, whether
   4-26  through wage adjustments or otherwise, by or on behalf of a small
   4-27  employer for a portion of the premium; or
   4-28              (3)  the health benefit plan is treated by the employer
   4-29  or by a covered individual as part of a plan or program for the
   4-30  purposes of Section 106 or 162, Internal Revenue Code of 1986 (26
   4-31  U.S.C. Section 106 or 162).
   4-32        (b)  Except as provided by Subsection (a) of this article,
   4-33  this chapter does not apply to an individual health insurance
   4-34  policy that is underwritten individually.
   4-35        (c)  Except as expressly provided in this chapter, a small
   4-36  employer health benefit plan is not subject to a law that requires
   4-37  coverage or the offer of coverage of a health care service or
   4-38  benefit.
   4-39        Art. 26.07.  CERTIFICATION.  (a)  Not later than March 1 of
   4-40  each year, each health carrier shall certify to the commissioner
   4-41  whether, as of January 1 of that year, it is offering a health
   4-42  benefit plan subject to this chapter under Article 26.06(a) of this
   4-43  code.
   4-44        (b)  The certification shall list each other health insurance
   4-45  coverage that:
   4-46              (1)  the health carrier is offering, delivering,
   4-47  issuing for delivery, or renewing to or through small employers in
   4-48  this state; and
   4-49              (2)  is not subject to this chapter because it is
   4-50  listed as excluded from the definition of a health benefit plan
   4-51  under Article 26.02 of this code.
   4-52        (c)  The certification shall include a statement that the
   4-53  carrier is not offering or marketing to small employers as a health
   4-54  benefit plan the coverage listed under Subsection (b) of this
   4-55  article and that the health carrier is complying with this chapter
   4-56  to the extent it is applicable to the carrier.
   4-57        Art. 26.08.  COST CONTAINMENT.  (a)  A small employer carrier
   4-58  may use cost containment and managed care features in a small
   4-59  employer health benefit plan, including:
   4-60              (1)  utilization review of health care services,
   4-61  including review of the medical necessity of hospital and physician
   4-62  services;
   4-63              (2)  case management, including discharge planning and
   4-64  review of stays in hospitals or other health care facilities;
   4-65              (3)  selective contracting with hospitals, physicians,
   4-66  and other health care providers;
   4-67              (4)  reasonable benefit differentials applicable to
   4-68  health care providers that participate or do not participate in
   4-69  restricted network arrangements;
   4-70              (5)  precertification or preauthorization for certain
    5-1  covered services; and
    5-2              (6)  coordination of benefits.
    5-3        (b)  A provision of a small employer health benefit plan that
    5-4  provides for coordination of benefits must comply with this chapter
    5-5  and guidelines established by the commissioner.
    5-6                SUBCHAPTER B.  PURCHASING COOPERATIVES
    5-7        Art. 26.11.  DEFINITIONS.  In this subchapter:
    5-8              (1)  "Board of trustees" means the board of trustees of
    5-9  the Texas cooperative.
   5-10              (2)  "Board of directors" means the board of directors
   5-11  elected by a private purchasing cooperative.
   5-12              (3)  "Cooperative" means a purchasing cooperative
   5-13  established under this subchapter.
   5-14              (4)  "Texas cooperative" means the Texas Health
   5-15  Benefits Purchasing Cooperative established under Article 26.13 of
   5-16  this code.
   5-17        Art. 26.12.  APPLICABILITY OF OTHER LAWS.  (a)  Section 1(a),
   5-18  Article 3.51-6, of this code, does not limit the type of group that
   5-19  may be covered by a group health benefit plan issued through a
   5-20  cooperative.
   5-21        (b)  The Texas cooperative is subject to the open records
   5-22  law, Chapter 424, Acts of the 63rd Legislature, Regular Session,
   5-23  1973 (Article 6252-17a, Vernon's Texas Civil Statutes).
   5-24        Art. 26.13.  TEXAS HEALTH BENEFITS PURCHASING COOPERATIVE.
   5-25  (a)  The Texas Health Benefits Purchasing Cooperative is a
   5-26  nonprofit organization established to make health care coverage
   5-27  available to small employers and their eligible employees and
   5-28  eligible employees' dependents.
   5-29        (b)  The Texas cooperative is administered by a six-member
   5-30  board of trustees appointed by the governor with the advice and
   5-31  consent of the senate.  Three members must represent employers, two
   5-32  members must represent employees, and one member must represent the
   5-33  public.  The executive director of the Texas Department of Commerce
   5-34  shall serve as a nonvoting ex officio member of the board of
   5-35  trustees.
   5-36        (c)  The appointed members of the board of trustees serve
   5-37  staggered six-year terms, with the terms of two members expiring
   5-38  February 1 of each odd-numbered year.
   5-39        (d)  A member of the board of trustees may not be compensated
   5-40  for serving on the board of trustees but is entitled to
   5-41  reimbursement for actual expenses incurred in performing functions
   5-42  as a member of the board of trustees as provided by the General
   5-43  Appropriations Act.
   5-44        (e)  The board of trustees shall employ an executive
   5-45  director.  The executive director may hire other employees as
   5-46  necessary.
   5-47        (f)  The board of trustees may develop regional subdivisions
   5-48  of the Texas cooperative and may authorize each subdivision to
   5-49  separately exercise the powers and duties of a cooperative.
   5-50        (g)  Salaries for employees of the Texas cooperative and
   5-51  related costs may be paid from administrative fees collected from
   5-52  employers and participating carriers or other sources of funding
   5-53  arranged by the Texas cooperative.
   5-54        (h)  A member of the board of trustees, the executive
   5-55  director, and an employee or agent of the Texas cooperative are not
   5-56  liable for an act performed in good faith in the execution of
   5-57  duties in connection with the Texas cooperative.
   5-58        (i)  The Texas cooperative may not use money appropriated by
   5-59  the state to pay or otherwise subsidize any portion of the premium
   5-60  for a small employer insured through the cooperative.
   5-61        Art. 26.14.  PRIVATE PURCHASING COOPERATIVE.  (a)  Two or
   5-62  more small employers may form a cooperative for the purchase of
   5-63  small employer health benefit plans.  A cooperative must be
   5-64  organized as a nonprofit corporation and has the rights and duties
   5-65  provided by the Texas Non-Profit Corporation Act (Article 1396-1.01
   5-66  et seq., Vernon's Texas Civil Statutes).
   5-67        (b)  The board of directors shall file annually with the
   5-68  commissioner a statement of all amounts collected and expenses
   5-69  incurred for each of the preceding three years.
   5-70        Art. 26.15.  POWERS AND DUTIES OF TEXAS HEALTH BENEFITS
    6-1  PURCHASING COOPERATIVE AND PRIVATE PURCHASING COOPERATIVES.  (a)  A
    6-2  cooperative:
    6-3              (1)  shall arrange for small employer health benefit
    6-4  plan coverage for small employer groups who participate in the
    6-5  cooperative by contracting with small employer carriers who meet
    6-6  the criteria established by Subsection (b) of this article;
    6-7              (2)  shall collect premiums to cover the cost of:
    6-8                    (A)  small employer health benefit plan coverage
    6-9  purchased through the cooperative; and
   6-10                    (B)  the cooperative's administrative expenses;
   6-11              (3)  may contract with agents to market coverage issued
   6-12  through the cooperative;
   6-13              (4)  shall establish administrative and accounting
   6-14  procedures for the operation of the cooperative;
   6-15              (5)  shall establish procedures under which an
   6-16  applicant for or participant in coverage issued through the
   6-17  cooperative may have a grievance reviewed by an impartial person;
   6-18              (6)  may contract with a small employer carrier or
   6-19  third-party administrator to provide administrative services to the
   6-20  cooperative;
   6-21              (7)  shall contract with small employer carriers for
   6-22  the provision of services to small employers covered through the
   6-23  cooperative;
   6-24              (8)  shall develop and implement a plan to maintain
   6-25  public awareness of the cooperative and publicize the eligibility
   6-26  requirements for, and the procedures for enrollment in coverage
   6-27  through, the cooperative; and
   6-28              (9)  may negotiate the premiums paid by its members.
   6-29        (b)  A cooperative may contract only with small employer
   6-30  carriers who desire to offer coverage through the cooperative and
   6-31  who demonstrate:
   6-32              (1)  that the carrier is a health carrier or health
   6-33  maintenance organization licensed and in good standing with the
   6-34  department;
   6-35              (2)  the capacity to administer the health benefit
   6-36  plans;
   6-37              (3)  the ability to monitor and evaluate the quality
   6-38  and cost effectiveness of care and applicable procedures;
   6-39              (4)  the ability to conduct utilization management and
   6-40  applicable procedures and policies;
   6-41              (5)  the ability to assure enrollees adequate access to
   6-42  health care providers, including adequate numbers and types of
   6-43  providers;
   6-44              (6)  a satisfactory grievance procedure and the ability
   6-45  to respond to enrollees' calls, questions, and complaints; and
   6-46              (7)  financial capacity, either through financial
   6-47  solvency standards as applied by the commissioner or through
   6-48  appropriate reinsurance or other risk-sharing mechanisms.
   6-49        (c)  A cooperative may not self-insure or self-fund any
   6-50  health benefit plan or portion of a plan.
   6-51        (d)  A cooperative shall comply with federal laws applicable
   6-52  to cooperatives and health benefit plans issued through
   6-53  cooperatives.
   6-54        Art. 26.16.  COOPERATIVE NOT INSURER.  (a)  A cooperative is
   6-55  not an insurer and the employees of the cooperative are not
   6-56  required to be licensed under Subchapter A, Chapter 21, of this
   6-57  code.
   6-58        (b)  An agent or third-party administrator used and
   6-59  compensated by the cooperative must be licensed as required by
   6-60  Subchapter A, Chapter 21, of this code.
   6-61           SUBCHAPTER C.  GUARANTEED ISSUE AND RENEWABILITY
   6-62        Art. 26.21.  SMALL EMPLOYER HEALTH BENEFIT PLANS;  EMPLOYER
   6-63  ELECTION.  (a)  Each small employer carrier shall provide the small
   6-64  employer health benefit plans without regard to claim experience,
   6-65  health status, or medical history.  Each small employer carrier
   6-66  shall issue the plan chosen by the small employer to each small
   6-67  employer that elects to be covered under that plan, agrees to make
   6-68  the required premium payments, and agrees to satisfy the other
   6-69  requirements of the plan.
   6-70        (b)  Coverage under a small employer health benefit plan is
    7-1  not available to a small employer unless the small employer pays at
    7-2  least 75 percent of the insurance premium for its eligible
    7-3  employees who elect to be covered by at least one of the small
    7-4  employer health benefit plans selected by the small employer.
    7-5  Coverage is available under a small employer health benefit plan if
    7-6  at least 90 percent of a small employer's eligible employees elect
    7-7  to be covered.  A small employer is not required to pay any amount
    7-8  with respect to an employee who elects not to be covered.  The
    7-9  small employer may elect to pay the premium cost for additional
   7-10  coverage.  This chapter does not require a small employer to
   7-11  purchase health insurance coverage for the employer's employees.
   7-12        (c)  An eligible employee may obtain coverage in addition to
   7-13  coverage purchased by the employer if at least 40 percent of the
   7-14  eligible employees elect to obtain the same additional coverage.
   7-15  Subject to insurability, any number of eligible employees may
   7-16  otherwise obtain coverage in addition to coverage purchased by the
   7-17  employer.  The additional coverage may be paid for by the employer,
   7-18  the employee, or both.
   7-19        (d)  The initial enrollment period for the employees and
   7-20  their dependents must be at least 30 days.
   7-21        (e)  A new employee of a covered small employer and the
   7-22  dependents of that employee may not be denied coverage if the
   7-23  application for coverage is received by the small employer carrier
   7-24  not later than the 31st day after the date on which the employment
   7-25  begins.
   7-26        (f)  A late enrollee may be excluded from coverage for 18
   7-27  months from the date of application or may be subject to a 12-month
   7-28  preexisting condition provision as described by Articles 26.49(b),
   7-29  (c), (d), and (e) of this code.  If both a period of exclusion from
   7-30  coverage and a preexisting condition provision are applicable to a
   7-31  late enrollee, the combined period of exclusion may not exceed 18
   7-32  months from the date of the late application.
   7-33        (g)  A small employer carrier may not exclude any eligible
   7-34  employee or dependent, including a late enrollee, who would
   7-35  otherwise be covered under a small employer group.
   7-36        (h)  A small employer health benefit plan issued by a small
   7-37  employer carrier may not limit or exclude, by use of a rider or
   7-38  amendment applicable to a specific individual, coverage by type of
   7-39  illness, treatment, medical condition, or accident, except for
   7-40  preexisting conditions or diseases as permitted under Article 26.49
   7-41  of this code.
   7-42        (i)  A small employer health benefit plan may not limit or
   7-43  exclude initial coverage of a newborn child of a covered employee.
   7-44  Any coverage of a newborn child of an employee under this
   7-45  subsection terminates on the 31st day after the date of the birth
   7-46  of the child unless:
   7-47              (1)  dependent children are eligible for coverage; and
   7-48              (2)  notification of the birth and any required
   7-49  additional premium are received by the small employer carrier not
   7-50  later than the 30th day after the date of birth.
   7-51        (j)  If the Consolidated Omnibus Budget Reconciliation Act of
   7-52  1985 (Pub.  L. No. 99-272, 100 Stat. 222) does not require
   7-53  continuation or conversion coverage for dependents of an employee,
   7-54  a dependent who has been covered by that small employer for at
   7-55  least one year or is under one year of age may elect to continue
   7-56  coverage under a small employer health benefit plan, if the
   7-57  dependent loses eligibility for coverage because of the death,
   7-58  divorce, or retirement of the employee, as required by Section 3B,
   7-59  Article 3.51-6, of this code.
   7-60        Art. 26.22.  GEOGRAPHIC SERVICE AREA.  (a)  A small employer
   7-61  carrier is not required to offer or issue the small employer health
   7-62  benefit plans:
   7-63              (1)  to a small employer that is not located within a
   7-64  geographic service area of the small employer carrier;
   7-65              (2)  to an employee of a small employer who neither
   7-66  resides nor works in the geographic service area of the small
   7-67  employer carrier; or
   7-68              (3)  to a small employer located within a geographic
   7-69  service area with respect to which the small employer carrier
   7-70  demonstrates to the satisfaction of the commissioner that the small
    8-1  employer carrier reasonably anticipates that it will not have the
    8-2  capacity to deliver services adequately because of obligations to
    8-3  existing covered individuals.
    8-4        (b)  A small employer carrier that refuses to issue a small
    8-5  employer health benefit plan in a geographic service area may not
    8-6  offer a health benefit plan to a group of not more than 50
    8-7  individuals in the affected service area before the fifth
    8-8  anniversary of the date of the refusal.
    8-9        (c)  A small employer carrier must file each of its
   8-10  geographic service areas with the commissioner.  The commissioner
   8-11  may disapprove the use of a geographic service area by a small
   8-12  employer carrier.
   8-13        (d)  A small employer carrier that is unable to offer
   8-14  coverage in a geographic service area in accordance with a
   8-15  determination made by the commissioner under Subsection (a)(3) of
   8-16  this article may not offer a small employer benefit plan in the
   8-17  applicable geographic service area before the 180th day after the
   8-18  later of:
   8-19              (1)  the date of the refusal; or
   8-20              (2)  the date the carrier demonstrates to the
   8-21  satisfaction of the commissioner that it has regained the capacity
   8-22  to deliver services to small employers in the geographic service
   8-23  area.
   8-24        (e)  If the commissioner determines that requiring the
   8-25  acceptance of small employers under this subchapter would place a
   8-26  small employer carrier in a financially impaired condition, the
   8-27  small employer carrier is not required to provide coverage to small
   8-28  employers for a period to be set by the commissioner.
   8-29        Art. 26.23.  RENEWABILITY OF COVERAGE;  CANCELLATION.
   8-30  (a)  Except as provided by Article 26.24 of this code, a small
   8-31  employer carrier shall renew the small employer health benefit plan
   8-32  for any covered small employer at the option of the small employer,
   8-33  except for:
   8-34              (1)  nonpayment of a premium as required by the terms
   8-35  of the plan;
   8-36              (2)  fraud or misrepresentation of a material fact by
   8-37  the small employer; or
   8-38              (3)  noncompliance with small employer health benefit
   8-39  plan provisions.
   8-40        (b)  A small employer carrier may refuse to renew the
   8-41  coverage of an eligible employee or dependent for fraud or
   8-42  misrepresentation of a material fact by that individual.
   8-43        (c)  A small employer carrier may not cancel a small employer
   8-44  health benefit plan except for the reasons specified for refusal to
   8-45  renew under Subsection (a) of this article.  A small employer
   8-46  carrier may not cancel the coverage of an eligible employee or
   8-47  dependent except for the reasons specified for refusal to renew
   8-48  under Subsection (b) of this article.
   8-49        Art. 26.24.  REFUSAL TO RENEW.  (a)  A small employer carrier
   8-50  may elect to refuse to renew each small employer health benefit
   8-51  plan delivered or issued for delivery by the small employer carrier
   8-52  in this state or in a geographic service area approved under
   8-53  Article 26.22 of this code.  The small employer carrier must notify
   8-54  the commissioner of the election not later than the 180th day
   8-55  before the date coverage under the first small employer health
   8-56  benefit plan terminates under this subsection.
   8-57        (b)  The small employer carrier must notify each affected
   8-58  covered small employer not later than the 180th day before the date
   8-59  on which coverage terminates for that small employer.
   8-60        (c)  A small employer carrier that elects under Subsection
   8-61  (a) of this article to refuse to renew all small employer health
   8-62  benefit plans in this state or in an approved geographic service
   8-63  area may not write a new small employer health benefit plan in this
   8-64  state or in the geographic service area, as applicable, before the
   8-65  fifth anniversary of the date of notice to the commissioner under
   8-66  Subsection (a) of this article.
   8-67        Art. 26.25.  NOTICE TO COVERED PERSONS.  Not later than the
   8-68  30th day before the date on which termination of coverage is
   8-69  effective, a small employer carrier that cancels or refuses to
   8-70  renew coverage under a small employer health benefit plan under
    9-1  Article 26.23 or 26.24 of this code shall notify the small employer
    9-2  of the cancellation or refusal to renew.  It is the responsibility
    9-3  of the small employer to notify enrollees of the cancellation or
    9-4  refusal to renew the coverage.
    9-5                SUBCHAPTER D.  UNDERWRITING AND RATING
    9-6        Art. 26.31.  ESTABLISHMENT OF CLASSES OF BUSINESS.  (a)  A
    9-7  small employer carrier may establish a separate class of business
    9-8  only to reflect substantial differences in expected claim
    9-9  experience or administrative costs related to the following
   9-10  reasons:
   9-11              (1)  the small employer carrier uses more than one type
   9-12  of system for the marketing and sale of small employer health
   9-13  benefit plans to small employers;
   9-14              (2)  the small employer carrier has acquired a class of
   9-15  business from another health carrier; or
   9-16              (3)  the small employer carrier provides coverage to
   9-17  one or more employer-based association groups.
   9-18        (b)  A small employer carrier may establish up to nine
   9-19  separate classes of business under this article.
   9-20        (c)  The commissioner may establish regulations to provide
   9-21  for a period of transition in order for a small employer carrier to
   9-22  come into compliance with Subsection (b) of this article in the
   9-23  instance of acquisition of an additional class of business from
   9-24  another small employer carrier.
   9-25        (d)  The commissioner may approve the establishment of
   9-26  additional classes of business on application to the commissioner
   9-27  and a finding by the commissioner that the establishment of
   9-28  additional classes would enhance the efficiency and fairness of the
   9-29  insurance market for small employers.
   9-30        Art. 26.32.  INDEX RATES.  (a)  The premium rates for a small
   9-31  employer health benefit plan are subject to this article.
   9-32        (b)  The index rate for a rating period for any class of
   9-33  business may not exceed the index rate for any other class of
   9-34  business by more than 20 percent.
   9-35        (c)  For a class of business, the premium rates charged
   9-36  during a rating period to small employers with similar case
   9-37  characteristics for the same or similar coverage, or the rates that
   9-38  could be charged to those employers under the rating system for
   9-39  that class of business, may not vary from the index rate by more
   9-40  than 25 percent.
   9-41        Art. 26.33.  PREMIUM RATES; ADJUSTMENTS.  (a)  The percentage
   9-42  increase in the premium rate charged to a small employer for a new
   9-43  rating period may not exceed the sum of:
   9-44              (1)  the percentage change in the new business premium
   9-45  rate measured from the first day of the prior rating period to the
   9-46  first day of the new rating period;
   9-47              (2)  any adjustment, not to exceed 15 percent annually
   9-48  and adjusted pro rata for rating periods of less than one year, due
   9-49  to the claim experience, health status, or duration of coverage of
   9-50  the employees or dependents of the small employer as determined
   9-51  from the small employer carrier's rate manual for the class of
   9-52  business; and
   9-53              (3)  any adjustment due to change in coverage or change
   9-54  in the case characteristics of the small employer as determined
   9-55  from the small employer carrier's rate manual for the class of
   9-56  business.
   9-57        (b)  Adjustments in premium rates for claim experience,
   9-58  health status, or duration of coverage may not be charged to
   9-59  individual employees or dependents.  Such an adjustment must be
   9-60  applied uniformly to the rates charged for all employees and
   9-61  dependents of employees of the small employer.
   9-62        (c)  A health carrier may use the industry classification to
   9-63  which a small employer belongs as a case characteristic in
   9-64  establishing premium rates, but the highest rate factor associated
   9-65  with any industry classification may not exceed the lowest rate
   9-66  factor associated with any industry classification by more than 15
   9-67  percent.
   9-68        Art. 26.34.  EFFECT OF PRIOR COVERAGE.  For a health benefit
   9-69  plan delivered or issued for delivery before September 1, 1993, a
   9-70  premium rate for a rating period may exceed the ranges set forth in
   10-1  Articles 26.32 and 26.33 of this code until September 1, 1995.  The
   10-2  percentage increase in the premium rate charged to a small employer
   10-3  under this article for a new rating period may not exceed the sum
   10-4  of:
   10-5              (1)  the percentage change in the new business premium
   10-6  rate measured from the first day of the prior rating period to the
   10-7  first day of the new rating period; and
   10-8              (2)  any adjustment due to change in coverage or change
   10-9  in the case characteristics of the small employer as determined
  10-10  from the small employer carrier's rate manual for the class of
  10-11  business.
  10-12        Art. 26.35.  RATE ADJUSTMENT IN CLOSED PLAN.  In the case of
  10-13  a health benefit plan into which a small employer carrier is no
  10-14  longer enrolling new small employers, the small employer carrier
  10-15  shall use the percentage change in the base premium rate to adjust
  10-16  rates under Articles 26.33(1) and 26.34(1) of this code.  The
  10-17  portion of change in rates computed under those subdivisions may
  10-18  not exceed, on a percentage basis, the change in the new business
  10-19  premium rate for the most similar health benefit plan into which
  10-20  the small employer carrier is actively enrolling new small
  10-21  employers.
  10-22        Art. 26.36.  PREMIUM RATES; NONDISCRIMINATION.  (a)  A small
  10-23  employer carrier shall apply rating factors, including case
  10-24  characteristics, consistently with respect to all small employers
  10-25  in a class of business.  Rating factors shall produce premiums for
  10-26  identical groups that differ only by the amounts attributable to
  10-27  plan design and that do not reflect differences due to the nature
  10-28  of the groups assumed to select particular health benefit plans.
  10-29        (b)  A small employer  carrier shall treat each health
  10-30  benefit plan issued or renewed in the same calendar month as having
  10-31  the same rating period.
  10-32        (c)  A small employer carrier may not use case
  10-33  characteristics without the prior approval of the commissioner
  10-34  other than the geographic area in which the small employer's
  10-35  employees reside, the age and gender of the individual employees
  10-36  and their dependents, the appropriate industry classification, and
  10-37  the number of employees and dependents.
  10-38        (d)  Premium rates for a small employer health benefit plan
  10-39  must comply with the requirements of this chapter, notwithstanding
  10-40  any assessments paid or payable by small employer carriers.
  10-41        (e)  The board may adopt rules to implement this article and
  10-42  to ensure that rating practices used by small employer carriers are
  10-43  consistent with the purposes of this chapter, including rules that
  10-44  ensure that differences in rates charged for each small employer
  10-45  health benefit plan are reasonable and reflect objective
  10-46  differences in plan design.
  10-47        (f)  A small employer carrier may not transfer a small
  10-48  employer involuntarily into or out of a class of business.  A small
  10-49  employer carrier may not offer to transfer a small employer into or
  10-50  out of a class of business unless the offer is made to transfer all
  10-51  small employers in that class of business without regard to case
  10-52  characteristics, claim experience, health status, or duration of
  10-53  coverage since the issuance of the health benefit plan.
  10-54        Art. 26.37.  RESTRICTED PROVIDER NETWORKS.  For purposes of
  10-55  this subchapter, a small employer health benefit plan may use a
  10-56  restricted provider network to provide the benefits under the plan.
  10-57  A plan that uses a restricted provider network does not provide
  10-58  similar coverage to a small employer health benefit plan that does
  10-59  not use a restricted provider network, if the use of the network
  10-60  results in reduced premiums to the small employer or substantial
  10-61  differences in claim costs.
  10-62        Art. 26.38.  HEALTH MAINTENANCE ORGANIZATION;  APPROVED
  10-63  HEALTH BENEFIT PLAN.   The premium rates for a state-approved
  10-64  health benefit plan offered by a health maintenance organization
  10-65  under Article 26.48 of this code must be established in accordance
  10-66  with formulas or schedules of charges filed with the department.
  10-67        Art. 26.39.  ENFORCEMENT.  If the commissioner finds that a
  10-68  small employer carrier subject to this chapter exceeds the
  10-69  applicable rate established under this subchapter, the commissioner
  10-70  may order restitution and assess penalties as provided by Section
   11-1  7, Article 1.10, of this code.
   11-2        Art. 26.40.  DISCLOSURE.  In connection with the offering for
   11-3  sale of any small employer health benefit plan, each small employer
   11-4  carrier and each agent shall make a reasonable disclosure, as part
   11-5  of its solicitation and sales materials, of:
   11-6              (1)  the extent to which premium rates for a specific
   11-7  small employer are established or adjusted based on the actual or
   11-8  expected variation in claim costs or the actual or expected
   11-9  variation in health status of the employees of the small employer
  11-10  and their dependents;
  11-11              (2)  provisions concerning the small employer carrier's
  11-12  right to change premium rates and the factors other than claim
  11-13  experience that affect changes in premium rates;
  11-14              (3)  provisions relating to renewability of policies
  11-15  and contracts; and
  11-16              (4)  any preexisting condition provision.
  11-17        Art. 26.41.  REPORTING REQUIREMENTS.  (a)  Compliance with
  11-18  the underwriting and rating requirements of this chapter shall be
  11-19  demonstrated through actuarial certification.  Small employer
  11-20  carriers offering a small employer health benefit plan shall file
  11-21  annually with the commissioner an actuarial certification stating
  11-22  that the underwriting and rating methods of the small employer
  11-23  carrier:
  11-24              (1)  comply with accepted actuarial practices;
  11-25              (2)  are uniformly applied to each small employer
  11-26  health benefit plan covering a small employer; and
  11-27              (3)  comply with the provisions of this chapter.
  11-28        (b)  Each small employer carrier shall maintain at its
  11-29  principal place of business a complete and detailed description of
  11-30  its rating practices and renewal underwriting practices, including
  11-31  information and documentation that demonstrate that its rating
  11-32  methods and practices are based on commonly accepted actuarial
  11-33  assumptions and are in accordance with sound actuarial principles.
  11-34        (c)  A small employer carrier shall make the information and
  11-35  documentation described in Subsection (b) of this article
  11-36  available to the commissioner on request.  Except in cases of
  11-37  violations of this chapter, the information shall be considered
  11-38  proprietary and trade secret information and shall not be subject
  11-39  to disclosure by the commissioner to persons outside the department
  11-40  except as agreed to by the small employer carrier or as ordered by
  11-41  a court of competent jurisdiction.
  11-42                        SUBCHAPTER E.  COVERAGE
  11-43        Art. 26.42.  SMALL EMPLOYER HEALTH BENEFIT PLANS.  (a)  A
  11-44  small employer carrier shall offer the following three health
  11-45  benefit plans:
  11-46              (1)  the preventive and primary care benefit plan;
  11-47              (2)  the in-hospital benefit plan; and
  11-48              (3)  the standard health benefit plan.
  11-49        (b)  A small employer carrier may offer to a small employer
  11-50  additional benefit riders to the standard health benefit plan.
  11-51        (c)  A small employer carrier may not offer to a small
  11-52  employer benefit riders to:
  11-53              (1)  the preventive and primary care benefit plan,
  11-54  except as provided by Article 26.45(d) of this code; or
  11-55              (2)  the in-hospital benefit plan, except as provided
  11-56  by Article 26.46(e) of this code.
  11-57        (d)  Subject to the provisions of this chapter, a small
  11-58  employer carrier may also offer to small employers any other health
  11-59  benefit plan authorized under this code.  Article 26.06(c) does not
  11-60  apply to a health benefit plan offered to a small employer under
  11-61  this subsection.
  11-62        Art. 26.43.  POLICY FORMS.  (a)  The commissioner shall
  11-63  promulgate the benefits section of the preventive and primary
  11-64  benefit plan, the in-hospital benefit plan, and the standard health
  11-65  benefit plan policy forms.  For all other portions of these policy
  11-66  forms, a small employer carrier shall comply with Article 3.42 of
  11-67  this code as it relates to policy form approval.  A small employer
  11-68  carrier may not offer these three benefit plans through a policy
  11-69  form that does not comply with this article.
  11-70        (b)  A health insurer may not issue and the commissioner may
   12-1  not approve a health insurance certificate or policy or an
   12-2  endorsement to a health insurance certificate or policy unless it
   12-3  is in plain language.
   12-4        (c)  Each provision of a health insurance certificate or
   12-5  policy or an endorsement to a health insurance certificate or
   12-6  policy relating to renewal of coverage, conditions of coverage, or
   12-7  per occurrence or aggregate dollar limitations on coverage must be
   12-8  clearly explained in plain language.
   12-9        (d)  A health insurer may not use and the commissioner may
  12-10  not approve an insurance application form unless it is in plain
  12-11  language.
  12-12        (e)  This section applies unless the specific language to be
  12-13  used is mandated by federal law or state statute or by rules
  12-14  implementing federal law.
  12-15        (f)  For purposes of this article, a health insurance
  12-16  certificate or policy, an endorsement to or a provision of a health
  12-17  insurance certificate or policy, or a health insurance application
  12-18  form is written in plain language if it achieves the minimum score
  12-19  established by the commissioner on the Flesch reading ease test or
  12-20  an equivalent test selected by the commissioner.
  12-21        Art. 26.44.  RIDERS; FILING WITH COMMISSIONER.  (a)  A small
  12-22  employer carrier shall file with the commissioner, in a form and
  12-23  manner prescribed by the commissioner, riders to the small employer
  12-24  health benefit plans as allowed under Article 26.42 of this code to
  12-25  be used by the small employer carrier.  A small employer carrier
  12-26  may use a rider filed under this article after the 30th day after
  12-27  the date the rider is filed unless the commissioner disapproves its
  12-28  use.
  12-29        (b)  The commissioner, after notice and an opportunity for a
  12-30  hearing, may disapprove the continued use by a small employer
  12-31  carrier of a rider if the rider does not meet the requirements of
  12-32  this chapter.
  12-33        Art. 26.45.  PREVENTIVE AND PRIMARY CARE BENEFIT PLAN.
  12-34  (a)  The preventive and primary care benefit plan must include
  12-35  coverage for the health services described by Subsections (b) and
  12-36  (c) of this article when those services are provided within the
  12-37  scope of their practice by a physician, physician assistant,
  12-38  advanced nurse practitioner, or another licensed practitioner,
  12-39  including any practitioner required to be covered under Article
  12-40  21.52 of this code or under Section 2, Chapter 397, Acts of the
  12-41  54th Legislature, Regular Session, l955 (Article 3.70-2, Vernon's
  12-42  Texas Insurance Code).
  12-43        (b)  Coverage for the following preventive care must be
  12-44  provided without copayment or deductible:
  12-45              (1)  childhood immunizations;
  12-46              (2)  Pap tests;
  12-47              (3)  mammography, as required by Section 2, Chapter
  12-48  397, Acts of the 54th Legislature, Regular Session, l955 (Article
  12-49  3.70-2, Vernon's Texas Insurance Code);
  12-50              (4)  colo-rectal screening;
  12-51              (5)  prostate cancer screening; and 
  12-52              (6)  vision and hearing tests for children under 19
  12-53  years of age.
  12-54        (c)  Coverage must include the following:
  12-55              (1)  outpatient hospital care and up to five days per
  12-56  policy year of inpatient hospital care;
  12-57              (2)  emergency care, as defined by Section 2, Chapter
  12-58  397, Acts of the 54th Legislature, 1955 (Article 3.70-2, Vernon's
  12-59  Texas Insurance Code), and Section 2(t), Texas Health Maintenance
  12-60  Organization Act (Article 20A.02, Vernon's Texas Insurance Code);
  12-61              (3)  maternity-related care, including prenatal,
  12-62  delivery, and postnatal care and high-risk pregnancy care;
  12-63              (4)  well-child care, as defined by the Texas
  12-64  Department of Health based on the standards of the American Academy
  12-65  of Pediatrics or its successor organization;
  12-66              (5)  outpatient clinic or office visits for treatment
  12-67  of illness or injury;
  12-68              (6)  one physical examination per policy year;
  12-69              (7)  diagnostic examinations and laboratory and X-ray
  12-70  services, with a limit of $5,000 per policy year;
   13-1              (8)  mental health services, including outpatient
   13-2  evaluation, crisis intervention, and services for treatment of
   13-3  serious mental illness as described by Section 1, Article 3.51-14,
   13-4  of this code, for five days of inpatient services and 40 outpatient
   13-5  visits per policy year;
   13-6              (9)  evaluation and treatment for the abuse of or
   13-7  addiction to alcohol or drugs, for five days of inpatient services
   13-8  and 40 outpatient visits per policy year;
   13-9              (10)  home health services, as defined by Section 1,
  13-10  Article 3.70-3B, of this code subject to a maximum of 40 visits per
  13-11  policy year; and
  13-12              (11)  physical therapy performed by a qualified
  13-13  licensed physical therapist, occupational therapy performed by a
  13-14  qualified licensed occupational therapist, or speech-language
  13-15  therapy performed by a qualified licensed speech-language
  13-16  pathologist, including outpatient diagnostic services and 40
  13-17  outpatient treatment visits per policy year.
  13-18        (d)  A preventive and primary care benefit plan may include a
  13-19  rider for coverage of prescription drugs but may not include any
  13-20  other rider.
  13-21        (e)  A preventive and primary care benefit plan must include
  13-22  a total benefit cap of $15,000 per policy year.
  13-23        (f)  Except as provided by Subsection (b) of this article, a
  13-24  preventive and primary care benefit plan may require a deductible
  13-25  of not more than $250 per policy year and must pay at least 80
  13-26  percent of covered charges after the deductible has been satisfied.
  13-27  After an insured's copayments have reached $1,000 in a policy year,
  13-28  the plan must pay 100 percent of covered charges for the remainder
  13-29  of that policy year.
  13-30        (g)  A small employer carrier may waive the limit on home
  13-31  health services if the waiver will result in less expensive
  13-32  treatment.
  13-33        Art. 26.46.  IN-HOSPITAL BENEFIT PLAN.  (a)  The in-hospital
  13-34  benefit plan must include coverage for:
  13-35              (1)  diagnostic, treatment, and rehabilitative services
  13-36  provided through inpatient hospital services; and
  13-37              (2)  outpatient care necessary as a follow-up to the
  13-38  inpatient hospital services until the 90th day after the date of
  13-39  discharge from the hospital.
  13-40        (b)  The in-hospital benefit plan is not subject to any law
  13-41  requiring the reimbursement, use, or consideration of a specific
  13-42  category of a licensed or certified health care practitioner.
  13-43        (c)  The in-hospital benefit plan must provide lifetime
  13-44  benefits of $1 million with a total benefit cap of $100,000 per
  13-45  policy year.
  13-46        (d)  The in-hospital benefit plan may include deductible and
  13-47  copayment requirements.
  13-48        (e)  The in-hospital benefit plan may include a primary and
  13-49  preventive care rider that includes the coverage required by
  13-50  Article 26.45 of this code other than the coverage required by
  13-51  Subsection (c)(1) of that article.  The in-hospital benefit plan
  13-52  may also include a supplementary accident benefit plan, but may not
  13-53  include other riders or supplementary benefit plans.
  13-54        Art. 26.47.  STANDARD HEALTH BENEFIT PLAN.  (a)  The standard
  13-55  health benefit plan shall include coverage for:
  13-56              (1)  health care services, including consulting and
  13-57  referral services, provided within the scope of their practice by a
  13-58  physician, a physician assistant, an advanced nurse practitioner,
  13-59  or another licensed practitioner, including any practitioner
  13-60  required to be covered under Article 21.52 of this code or under
  13-61  Section 2, Chapter 397, Acts of the 54th Legislature, Regular
  13-62  Session, 1955 (Article 3.70-2, Vernon's Texas Insurance Code);
  13-63              (2)  care in the following facilities:
  13-64                    (A)  inpatient hospitals;
  13-65                    (B)  outpatient hospitals;
  13-66                    (C)  skilled nursing facilities, subject to a
  13-67  maximum benefit of $10,000 per policy year; and
  13-68                    (D)  hospice facilities, subject to a maximum
  13-69  lifetime benefit of $10,000;
  13-70              (3)  emergency care, as defined by Section 2, Chapter
   14-1  397, Acts of the 54th Legislature, 1955 (Article 3.70-2, Vernon's
   14-2  Texas Insurance Code), and Section 2(t), Texas Health Maintenance
   14-3  Organization Act (Article 20A.02, Vernon's Texas Insurance Code);
   14-4              (4)  maternity-related care, including prenatal,
   14-5  delivery, and postnatal care and high-risk pregnancy care;
   14-6              (5)  well-child care, as defined by the Texas
   14-7  Department of Health based on the standards of the American Academy
   14-8  of Pediatrics or its successor organization;
   14-9              (6)  outpatient clinic or office visits for treatment
  14-10  of illness or injury;
  14-11              (7)  one physical examination per policy year;
  14-12              (8)  mental health services, including coverage
  14-13  described by Section 2(F), Chapter 397, Acts of the 54th
  14-14  Legislature, 1955 (Article 3.70-2, Vernon's Texas Insurance Code),
  14-15  and Article 3.72 of this code, subject to a limit of:
  14-16                    (A)  90 days of inpatient psychiatric care per
  14-17  policy year; and
  14-18                    (B)  40 outpatient visits per policy year,
  14-19  subject to a maximum benefit of $100 for each visit;
  14-20              (9)  medical treatment and referral services for the
  14-21  abuse of or addiction to alcohol or drugs, as required by Article
  14-22  3.51-9 of this code;
  14-23              (10)  inpatient and outpatient evaluation, crisis
  14-24  intervention, and other treatment for serious mental illness as
  14-25  described by Section 1, Article 3.51-14, of this code;
  14-26              (11)  diagnostic examinations and laboratory and X-ray
  14-27  services;
  14-28              (12)  physical therapy performed by a qualified
  14-29  licensed physical therapist, occupational therapy performed by a
  14-30  qualified licensed occupational therapist, or speech-language
  14-31  therapy performed by a qualified licensed speech-language
  14-32  pathologist, subject to a maximum benefit of $10,000 per policy
  14-33  year;
  14-34              (13)  home health services as required by Article
  14-35  3.70-3B of this code, subject to a maximum limit of $10,000 per
  14-36  policy year; and
  14-37              (14)  prescription drugs subject to a copayment of not
  14-38  more than 50 percent.
  14-39        (b)  Coverage for the following preventive care must be
  14-40  provided without copayment or deductible:
  14-41              (1)  childhood immunizations;
  14-42              (2)  Pap tests;
  14-43              (3)  mammography, as required by Section 2, Chapter
  14-44  397, Acts of the 54th Legislature, Regular Session, l955 (Article
  14-45  3.70-2, Vernon's Texas Insurance Code);
  14-46              (4)  colo-rectal screening;
  14-47              (5)  prostate cancer screening; and
  14-48              (6)  vision and hearing tests for children under 19
  14-49  years of age.
  14-50        (c)  The standard health benefit plan shall provide lifetime
  14-51  benefits of $1 million with a total benefit cap of at least
  14-52  $250,000 per policy year.
  14-53        (d)  Except for services excluded from deductible and
  14-54  copayment requirements by Subsection (b) of this article, a
  14-55  standard health benefit plan may include deductible and copayment
  14-56  requirements.
  14-57        (e)  A small employer carrier may waive the limit on home
  14-58  health services if the waiver will result in less expensive
  14-59  treatment.
  14-60        (f)  The board may adopt rules to implement this article.
  14-61        Art. 26.48.  HEALTH MAINTENANCE ORGANIZATION PLANS.  Instead
  14-62  of the small employer health benefit plans described by this
  14-63  subchapter, a health maintenance organization may offer a
  14-64  state-approved health benefit plan that  complies with the
  14-65  requirements of Title XI, Public Health Service Act (42 U.S.C.
  14-66  Section 300e et seq.) and rules adopted under that Act.
  14-67        Art. 26.49.  PREEXISTING CONDITION PROVISIONS.  (a)  Except
  14-68  as provided by Article 26.21(f) of this code, a preexisting
  14-69  condition provision in a small employer health benefit plan may not
  14-70  apply to expenses incurred after the first anniversary of the
   15-1  effective date of coverage.
   15-2        (b)  A preexisting condition provision in a small employer
   15-3  health benefit plan may not apply to coverage for a disease or
   15-4  condition other than a disease or condition:
   15-5              (1)  for which medical advice, diagnosis, care, or
   15-6  treatment was recommended or received during the six months before
   15-7  the effective date of coverage; or
   15-8              (2)  that would have caused an ordinary, prudent person
   15-9  to seek medical advice, diagnosis, care, or treatment during the
  15-10  six months before the effective date of coverage.
  15-11        (c)  A preexisting condition provision in a small employer
  15-12  health benefit plan may not apply to an individual who was
  15-13  continuously covered for a minimum period of 12 months by a health
  15-14  benefit plan that was in effect up to a date not more than 60 days
  15-15  before the effective date of coverage under the small employer
  15-16  health benefit plan.
  15-17        (d)  A preexisting condition provision may exclude coverage
  15-18  for a pregnancy existing on the effective date of the coverage,
  15-19  except as provided by Subsection (c) of this article.
  15-20        (e)  In determining whether a preexisting condition provision
  15-21  applies to an individual covered by a small employer health benefit
  15-22  plan, the small employer carrier shall credit the time the
  15-23  individual was covered under a previous health benefit plan if the
  15-24  previous coverage was in effect at any time during the 12 months
  15-25  preceding the effective date of coverage under a small employer
  15-26  health benefit plan.  If the previous coverage was issued by a
  15-27  health maintenance organization, any waiting period that applied
  15-28  before that coverage became effective also shall be credited
  15-29  against the preexisting condition provision period.
  15-30        Art. 26.50.  COORDINATION WITH FEDERAL LAW.  The board by
  15-31  rule may modify a small employer benefit plan described by this
  15-32  subchapter or adopt a substitute for that plan to the extent
  15-33  required to comply with federal law applicable to the plan.  The
  15-34  board shall use the Texas Health Benefits Purchasing Cooperative in
  15-35  the implementation of this article.
  15-36                      SUBCHAPTER F.  REINSURANCE
  15-37        Art. 26.51.  ELECTION TO BE RISK-ASSUMING OR REINSURED
  15-38  CARRIER; NOTICE TO COMMISSIONER.  (a)  Each small employer carrier
  15-39  shall notify the commissioner of the carrier's election to operate
  15-40  as a risk-assuming carrier or a reinsured carrier.  A small
  15-41  employer carrier seeking to operate as a risk-assuming carrier
  15-42  shall make an application under Article 26.52 of this code.
  15-43        (b)  A small employer carrier's election under Subsection (a)
  15-44  of this article is effective until the fifth anniversary of the
  15-45  election.  The commissioner may permit a small employer carrier to
  15-46  modify its decision at any time for good cause shown.
  15-47        (c)  The commissioner shall establish an application process
  15-48  for small employer carriers seeking to change their status under
  15-49  this article.
  15-50        (d)  A reinsured carrier that elects to change its status to
  15-51  operate as a risk-assuming carrier may not continue to reinsure a
  15-52  small employer health benefit plan with the system.  The carrier
  15-53  shall pay a prorated assessment based on business issued as a
  15-54  reinsured carrier for any portion of the year that the business was
  15-55  reinsured.
  15-56        Art. 26.52.  APPLICATION TO BECOME A RISK-ASSUMING CARRIER.
  15-57  (a)  A small employer carrier may apply to become a risk-assuming
  15-58  carrier by filing an application with the commissioner in a form
  15-59  and manner prescribed by the commissioner.
  15-60        (b)  In evaluating an application filed under Subsection (a)
  15-61  of this article, the commissioner shall consider the small employer
  15-62  carrier's:
  15-63              (1)  financial condition;
  15-64              (2)  history of rating and underwriting small employer
  15-65  groups;
  15-66              (3)  commitment to market fairly to all small employers
  15-67  in the state or in its established geographic service area; and
  15-68              (4)  experience managing the risk of small employer
  15-69  groups.
  15-70        (c)  The commissioner shall provide public notice of an
   16-1  application by a small employer carrier to be a risk-assuming
   16-2  carrier and shall provide at least a 60-day period for public
   16-3  comment before making a decision on the application.  If the
   16-4  application is not acted on before the 90th day after the date the
   16-5  commissioner received the application, the carrier may request and
   16-6  the commissioner shall grant a hearing.
   16-7        (d)  The commissioner, after notice and hearing, may rescind
   16-8  the approval granted to a risk-assuming carrier under this article
   16-9  if the commissioner finds that the carrier:
  16-10              (1)  is not financially able to support the assumption
  16-11  of risk from issuing coverage to small employers without the
  16-12  protection afforded by the system;
  16-13              (2)  has failed to market fairly to all small employers
  16-14  in the state or its established geographic service area; or
  16-15              (3)  has failed to provide coverage to eligible small
  16-16  employers.
  16-17        Art. 26.53.  TEXAS HEALTH REINSURANCE SYSTEM.  (a)  The Texas
  16-18  Health Reinsurance System is created as a nonprofit entity.
  16-19        (b)  The system is administered by a board of directors and
  16-20  operates subject to the supervision and control of the
  16-21  commissioner.
  16-22        Art. 26.54.  BOARD OF DIRECTORS.  (a)  The board of directors
  16-23  is composed of nine members appointed by the commissioner.  The
  16-24  commissioner or the commissioner's representative shall serve as an
  16-25  ex officio member.  Five members must be representatives of
  16-26  reinsured carriers selected from individuals nominated by small
  16-27  employer carriers in this state according to procedures developed
  16-28  by the commissioner.  Four members must represent the general
  16-29  public.  A member representing the general public may not be:
  16-30              (1)  an officer, director, or employee of an insurance
  16-31  company, agency, agent, broker, solicitor, or adjuster or any other
  16-32  business entity regulated by the department;
  16-33              (2)  a person required to register with the Texas
  16-34  Ethics Commission under Chapter 305, Government Code; or
  16-35              (3)  related to a person described by Subdivision (1)
  16-36  or (2) of this subsection within the second degree of affinity or
  16-37  consanguinity.
  16-38        (b)  The members appointed by the commissioner serve two-year
  16-39  terms.  The terms expire on December 31 of each odd-numbered year.
  16-40  A member's term continues until a successor is appointed.
  16-41        (c)  A member of the board of directors may not be
  16-42  compensated for serving on the board of directors but is entitled
  16-43  to reimbursement for actual expenses incurred in performing
  16-44  functions as a member of the board of trustees as provided in the
  16-45  General Appropriations Act.
  16-46        (d)  The board of directors is subject to the open meetings
  16-47  law, Chapter 271, Acts of the 60th Legislature, Regular Session,
  16-48  1967 (Article 6252-17, Vernon's Texas Civil Statutes), and the open
  16-49  records law, Chapter 424, Acts of the 63rd Legislature, Regular
  16-50  Session, 1973 (Article 6252-17a, Vernon's Texas Civil Statutes).
  16-51        Art. 26.55.  PLAN OF OPERATION.  (a)  Not later than the
  16-52  180th day after the date on which a majority of the members of the
  16-53  board of directors have been appointed, the board of directors
  16-54  shall submit to the commissioner a plan of operation and thereafter
  16-55  any amendments necessary or suitable to ensure the fair,
  16-56  reasonable, and equitable administration of the system.  The
  16-57  commissioner, after notice and hearing, may approve the plan of
  16-58  operation if the commissioner determines the plan is suitable to
  16-59  ensure the fair, reasonable, and equitable administration of the
  16-60  system and provides for the sharing of system gains or losses on an
  16-61  equitable and proportionate basis in accordance with the provisions
  16-62  of this subchapter.  The plan of operation is effective on the
  16-63  written approval of the commissioner.
  16-64        (b)  If the board of directors fails to timely submit a
  16-65  suitable plan of operation, the commissioner, after notice and
  16-66  hearing, shall adopt a temporary plan of operation.  The
  16-67  commissioner shall amend or rescind any plan adopted under this
  16-68  subsection at the time a plan of operation is submitted by the
  16-69  board of directors and approved by the commissioner.
  16-70        (c)  The plan of operation must:
   17-1              (1)  establish procedures for the handling and
   17-2  accounting of system assets and money and for an annual fiscal
   17-3  report to the commissioner;
   17-4              (2)  establish procedures for the selection of an
   17-5  administering carrier or third-party administrator and establish
   17-6  the powers and duties of that administering carrier or third-party
   17-7  administrator;
   17-8              (3)  establish procedures for reinsuring risks in
   17-9  accordance with the provisions of this article;
  17-10              (4)  establish procedures for collecting assessments
  17-11  from reinsured carriers to fund claims and administrative expenses
  17-12  incurred or estimated to be incurred by the system, including the
  17-13  imposition of penalties for late payment of an assessment; and
  17-14              (5)  provide for any additional matters necessary for
  17-15  the implementation and administration of the system.
  17-16        Art. 26.56.  POWERS AND DUTIES OF SYSTEM.  The system has the
  17-17  general powers and authority granted under the laws of this state
  17-18  to insurance companies and health maintenance organizations
  17-19  licensed to transact business, except that the system may not
  17-20  directly issue health benefit plans.  The system is exempt from all
  17-21  taxes.  The system may:
  17-22              (1)  enter into contracts necessary or proper to carry
  17-23  out the provisions and purposes of this subchapter and may, with
  17-24  the approval of the commissioner, enter into contracts with similar
  17-25  programs of other states for the joint performance of common
  17-26  functions or with persons or other organizations for the
  17-27  performance of administrative functions;
  17-28              (2)  sue or be sued, including taking legal actions
  17-29  necessary or proper to recover assessments and penalties for, on
  17-30  behalf of, or against the system or a reinsured carrier;
  17-31              (3)  take legal action necessary to avoid the payment
  17-32  of improper claims against the system;
  17-33              (4)  issue reinsurance contracts in accordance with the
  17-34  requirements of this subchapter;
  17-35              (5)  establish guidelines, conditions, and procedures
  17-36  for reinsuring risks under the plan of operation;
  17-37              (6)  establish actuarial functions as appropriate for
  17-38  the operation of the system;
  17-39              (7)  assess reinsured carriers in accordance with the
  17-40  provisions of Article 26.60 of this code and make advance interim
  17-41  assessments as may be reasonable and necessary for organizational
  17-42  and interim operating expenses, provided that any interim
  17-43  assessments shall be credited as offsets against regular
  17-44  assessments due after the close of the fiscal year;
  17-45              (8)  appoint appropriate legal, actuarial, and other
  17-46  committees as necessary to provide technical assistance in the
  17-47  operation of the system, policy and other contract design, and any
  17-48  other function within the authority of the system; and
  17-49              (9)  borrow money for a period not to exceed one year
  17-50  to effect the purposes of the system, provided that any notes or
  17-51  other evidence of indebtedness of the system not in default shall
  17-52  be legal investments for small employer carriers and may be carried
  17-53  as admitted assets.
  17-54        Art. 26.57.  AUDIT BY STATE AUDITOR.  (a)  The state auditor
  17-55  shall conduct annually a special audit of the system under Chapter
  17-56  321, Government Code.  The state auditor's report shall include a
  17-57  financial audit and an economy and efficiency audit.
  17-58        (b)  The state auditor shall report the cost of each audit
  17-59  conducted under this article to the board of directors and the
  17-60  comptroller, and the board of directors shall remit that amount to
  17-61  the comptroller for deposit to the general revenue fund.
  17-62        Art. 26.58.  REINSURANCE.  (a)  A small employer carrier may
  17-63  reinsure risks covered under the small employer health benefit
  17-64  plans with the system as provided by this article.
  17-65        (b)  The system shall reinsure the level of coverage provided
  17-66  under the small employer health benefit plans.
  17-67        (c)  A small employer carrier may reinsure an entire small
  17-68  employer group not later than the 60th day after the date on which
  17-69  the group's coverage under the small employer health benefit plans
  17-70  takes effect.  A small employer carrier may reinsure an eligible
   18-1  employee of a small employer or the employee's dependent not later
   18-2  than the 60th day after the date on which that individual's
   18-3  coverage takes effect.  A newly eligible employee or dependent of a
   18-4  reinsured small employer group or an individual covered under the
   18-5  small employer health benefit plans may be reinsured not later than
   18-6  the 60th day after the date on which that individual's coverage
   18-7  takes effect.
   18-8        (d)  The system may not reimburse a reinsured carrier for the
   18-9  claims of any reinsured individual until the carrier has incurred
  18-10  an initial level of claims for that individual in a calendar year
  18-11  of $5,000 for benefits covered by the system.  In addition, the
  18-12  reinsured carrier is responsible for 10 percent of the next $50,000
  18-13  of benefit payments during a calendar year, and the system shall
  18-14  reinsure the remainder.  A reinsured carrier's liability to any
  18-15  insured individual may not exceed a maximum of $10,000 in any one
  18-16  calendar year for that individual.
  18-17        (e)  The board of directors annually shall adjust the initial
  18-18  level of claims and the maximum to be retained by the carrier
  18-19  established under Subsection (d) of this article to reflect
  18-20  increases in costs and in use for small employer health benefit
  18-21  plans in this state.  The adjustment may not be less than the
  18-22  annual change in the medical component of the Consumer Price Index
  18-23  for All Urban Consumers published by the Bureau of Labor Statistics
  18-24  of the United States Department of Labor unless the board of
  18-25  directors proposes and the commissioner approves a lower adjustment
  18-26  factor.
  18-27        (f)  A small employer carrier may terminate reinsurance with
  18-28  the system for one or more of the reinsured employees or dependents
  18-29  of employees of a small employer on a contract anniversary of the
  18-30  small employer health benefit plans.
  18-31        (g)  Except as provided in the plan of operation, a reinsured
  18-32  carrier shall apply consistently with respect to reinsured and
  18-33  nonreinsured business all managed care procedures, including
  18-34  utilization review, individual case management, preferred provider
  18-35  provisions, and other managed care provisions or methods of
  18-36  operation.
  18-37        Art. 26.59.  PREMIUM RATES.  (a)  As part of the plan of
  18-38  operation, the board of directors shall adopt a method to determine
  18-39  premium rates to be charged by the system for reinsuring small
  18-40  employer groups and individuals under this subchapter.
  18-41        (b)  The method adopted must include classification systems
  18-42  for small employer groups that reflect the variations in premium
  18-43  rates allowed in this chapter and must provide for the development
  18-44  of base reinsurance premium rates that reflect the allowable
  18-45  variations.  The base reinsurance premium rates shall be
  18-46  established by the board of directors, subject to the approval of
  18-47  the board, and shall be set at levels that reasonably approximate
  18-48  the gross premiums charged to small employers by small employer
  18-49  carriers for the small employer health benefit plans, adjusted to
  18-50  reflect retention levels required under this subchapter.  The board
  18-51  of directors periodically shall review the method adopted under
  18-52  this subsection, including the classification system and any rating
  18-53  factors, to ensure that the method reasonably reflects the claim
  18-54  experience of the system.  The board of directors may propose
  18-55  changes to the method.  The changes are subject to the approval of
  18-56  the board.
  18-57        (c)  An entire small employer group may be reinsured at a
  18-58  rate that is 1-1/2 times the base reinsurance premium rate for that
  18-59  group.  An eligible employee of a small employer or the employee's
  18-60  dependent covered under the small employer health benefit plans may
  18-61  be reinsured at a rate that is five times the base reinsurance
  18-62  premium rate for that individual.
  18-63        (d)  The board of directors may consider adjustments to the
  18-64  premium rates charged by the system to reflect the use of effective
  18-65  cost containment and managed care arrangements.
  18-66        Art. 26.60.  ASSESSMENTS.  (a)  Not later than March 1 of
  18-67  each year, the board of directors shall determine and report to the
  18-68  commissioner the system net loss for the previous calendar year,
  18-69  including administrative expenses and incurred losses for the year,
  18-70  taking into account investment income and other appropriate gains
   19-1  and losses.  Any net loss for the year must be recouped by
   19-2  assessments on reinsured carriers.  Each reinsured carrier's
   19-3  assessment shall be determined annually by the board of directors
   19-4  based on annual statements and other reports required by the board
   19-5  of directors and filed with that board.  The board of directors
   19-6  shall establish, as part of the plan of operation, a formula by
   19-7  which to make assessments against reinsured carriers.  With the
   19-8  approval of the commissioner, the board of directors may change the
   19-9  assessment formula from time to time as appropriate.  The board of
  19-10  directors shall base the assessment formula on each reinsured
  19-11  carrier's share of:
  19-12              (1)  the total premiums earned in the preceding
  19-13  calendar year from the small employer health benefit plans
  19-14  delivered or issued for delivery by reinsured carriers to small
  19-15  employer groups in this state; and
  19-16              (2)  the premiums earned in the preceding calendar year
  19-17  from newly issued small employer health benefit plans delivered or
  19-18  issued for delivery during the calendar year by reinsured carriers
  19-19  to small employer groups in this state.
  19-20        (b)  The formula established under Subsection (a) of this
  19-21  article may not result in an assessment share for a reinsured
  19-22  carrier that is less than 50 percent or more than 150 percent of an
  19-23  amount based on the proportion of the total premium earned in the
  19-24  preceding calendar year from the small employer health benefit
  19-25  plans delivered or issued for delivery to small employer groups in
  19-26  this state by that reinsured carrier to the total premiums earned
  19-27  in the preceding calendar year from standard small employer health
  19-28  benefit plans delivered or issued for delivery to small employer
  19-29  groups in this state by all reinsured carriers.  Premiums earned by
  19-30  a reinsured carrier that are less than an amount determined by the
  19-31  board of directors to justify the cost of collection of an
  19-32  assessment based on those premiums may not be considered by the
  19-33  board of directors in determining assessments.
  19-34        (c)  With the approval of the commissioner, the board of
  19-35  directors may adjust the assessment formula for reinsured carriers
  19-36  that are approved health maintenance organizations that are
  19-37  federally qualified under Subchapter XI, Public Health Service Act
  19-38  (42 U.S.C. Section 300e et seq.), to the extent that any
  19-39  restrictions are imposed on those health maintenance organizations
  19-40  that are not imposed on other health carriers.
  19-41        Art. 26.61.  EVALUATION OF SYSTEM.  (a)  Not later than March
  19-42  1 of each year, the board of directors shall file with the
  19-43  commissioner an estimate of the assessments necessary to fund the
  19-44  losses for small employer groups incurred by the system during the
  19-45  previous calendar year.
  19-46        (b)  If the board of directors determines that the necessary
  19-47  assessments exceed five percent of the total premiums earned in the
  19-48  previous calendar year from small employer health benefit plans
  19-49  delivered or issued for delivery by reinsured carriers to small
  19-50  employer groups in this state, the board of directors shall
  19-51  evaluate the operation of the system and shall report its findings,
  19-52  including any recommendations for changes to the plan of operation,
  19-53  to the commissioner not later than April 1 of the year following
  19-54  the calendar year in which the losses were incurred.  The
  19-55  evaluation must include an estimate of future assessments and must
  19-56  consider the administrative costs of the system, the
  19-57  appropriateness of the premiums charged, the level of insurer
  19-58  retention under the system, and the costs of coverage for small
  19-59  employer groups.
  19-60        (c)  If the board of directors fails to timely file a report,
  19-61  the commissioner may evaluate the operations of the system and may
  19-62  implement amendments to the plan of operation as considered
  19-63  necessary by the commissioner to reduce future losses and
  19-64  assessments.
  19-65        (d)  Reinsured carriers may not write small employer health
  19-66  benefit plans on a guaranteed issue basis during a calendar year if
  19-67  the assessment amount payable for the previous calendar year is at
  19-68  least five percent of the total premiums earned in that calendar
  19-69  year from small employer health benefit plans delivered or issued
  19-70  for delivery by reinsured carriers in this state.
   20-1        (e)  Reinsured carriers may not write small employer health
   20-2  benefit plans on a guaranteed issue basis after the board of
   20-3  directors determines that the expected loss from the reinsurance
   20-4  system for a year will exceed the total amount of assessments
   20-5  payable at a rate of five percent of the total premiums earned for
   20-6  the previous calendar year.  Reinsured carriers may not resume
   20-7  writing small employer health benefit plans on a guaranteed issue
   20-8  basis until the board of directors determines that the expected
   20-9  loss will be less than the maximum established by this subsection.
  20-10        (f)  The maximum assessment amount payable for a calendar
  20-11  year may not exceed five percent of the total premiums earned in
  20-12  the preceding calendar year from small employer health benefit
  20-13  plans delivered or issued for delivery by reinsured carriers in
  20-14  this state.
  20-15        Art. 26.62.  DEFERMENT OF ASSESSMENT.  (a)  A reinsured
  20-16  carrier may petition the commissioner for a deferment in whole or
  20-17  in part of an assessment imposed by the board of directors.
  20-18        (b)  The commissioner may defer all or part of the assessment
  20-19  of a reinsured carrier if the commissioner determines that the
  20-20  payment of the assessment would endanger the ability of the
  20-21  reinsured carrier to fulfill its contractual obligations.
  20-22        (c)  If an assessment against a reinsured carrier is
  20-23  deferred, the amount deferred shall be assessed against the other
  20-24  reinsured carriers in a manner consistent with the basis for
  20-25  assessment established by this subchapter.
  20-26        (d)  A reinsured carrier receiving a deferment is liable to
  20-27  the system for the amount deferred and is prohibited from
  20-28  marketing, delivering, or issuing for delivery a small employer
  20-29  health benefit plan or reinsuring any individual or group with the
  20-30  system until it pays the outstanding assessment.
  20-31                       SUBCHAPTER G.  MARKETING
  20-32        Art. 26.71.  FAIR MARKETING.  (a)  Each small employer
  20-33  carrier shall market the small employer health benefit plan through
  20-34  properly licensed agents to eligible small employers in this state.
  20-35  Each small employer purchasing a small employer health benefit plan
  20-36  must affirm that the agent who sold the plan offered and explained
  20-37  all three plans to that employer.
  20-38        (b)  The department may require periodic demonstration by
  20-39  small employer carriers and agents that those carriers and agents
  20-40  are marketing or issuing small employer health benefit plans to
  20-41  small employers in fulfillment of the purposes of this article.
  20-42        (c)  The department may require periodic reports by small
  20-43  employer carriers and agents regarding small employer health
  20-44  benefit plans issued by those carriers and agents.  The reporting
  20-45  requirements shall include information regarding case
  20-46  characteristics and the numbers of small employer health benefit
  20-47  plans in various categories that are marketed or issued to small
  20-48  employers.
  20-49        Art. 26.72.  HEALTH STATUS AND CLAIMS EXPERIENCE; PROHIBITED
  20-50  ACTS.  (a)  A small employer carrier or agent may not, directly or
  20-51  indirectly:
  20-52              (1)  encourage or direct a small employer to refrain
  20-53  from applying for coverage with the small employer carrier because
  20-54  of health status or claim experience of the eligible employees and
  20-55  dependents of the small employer;
  20-56              (2)  encourage or direct a small employer to seek
  20-57  coverage from another health carrier because of health status or
  20-58  claim experience of the eligible employees and dependents of the
  20-59  small employer; or
  20-60              (3)  encourage or direct a small employer to apply for
  20-61  a particular small employer health benefit plan because of health
  20-62  status or claim experience of the eligible employees and dependents
  20-63  of the small employer.
  20-64        (b)  A small employer carrier may not, directly or
  20-65  indirectly, enter into an agreement or arrangement with an agent
  20-66  that provides for or results in the compensation paid to an agent
  20-67  for the sale of the small employer health benefit plans to be
  20-68  varied because of health status or claim experience.
  20-69        (c)  Subsection (b) of this article does not apply to an
  20-70  arrangement that provides compensation to an agent on the basis of
   21-1  percentage of premium, provided that the percentage may not vary
   21-2  because of health status or claim experience.
   21-3        (d)  A small employer carrier or agent may not encourage a
   21-4  small employer to exclude an eligible employee from health coverage
   21-5  provided in connection with the employee's employment.
   21-6        Art. 26.73.  AGENTS.  (a)  A small employer carrier shall pay
   21-7  the same commission, percentage of premium or other amount to an
   21-8  agent for renewal of a small employer health benefit plan as the
   21-9  carrier paid for original placement of the plan.  Compensation for
  21-10  renewal of a plan may be adjusted upward to reflect an increase in
  21-11  the cost of living or similar factors.
  21-12        (b)  A small employer carrier may not terminate, fail to
  21-13  renew, or limit its contract or agreement of representation with an
  21-14  agent for any reason related to the health status or claim
  21-15  experience of a small employer group placed by the agent with the
  21-16  carrier.
  21-17        Art. 26.74.  WRITTEN STATEMENT OF DENIAL, CANCELLATION, OR
  21-18  REFUSAL TO RENEW.  Denial by a small employer carrier of an
  21-19  application for coverage from a small employer or a cancellation or
  21-20  refusal to renew must be in writing and must state the reason or
  21-21  reasons for the denial, cancellation, or refusal.
  21-22        Art. 26.75.  RULES.  The board may adopt rules setting forth
  21-23  additional standards to provide for the fair marketing and broad
  21-24  availability of small employer health benefit plans to small
  21-25  employers in this state.
  21-26        Art. 26.76.  VIOLATION.  (a)  A violation of Article 26.72 of
  21-27  this code by a small employer carrier or an agent is an unfair
  21-28  method of competition and an unfair or deceptive act or practice
  21-29  under Article 21.21 of this code.
  21-30        (b)  If a small employer carrier enters into an agreement
  21-31  with a third-party administrator to provide administrative,
  21-32  marketing, or other services related to the offering of small
  21-33  employer health benefit plans to small employers in this state, the
  21-34  third-party administrator is subject to this subchapter.
  21-35        SECTION 2.  Subchapter E, Chapter 21, Insurance Code, is
  21-36  amended by adding Article 21.52C to read as follows:
  21-37        Art. 21.52C.  UNIFORM CLAIM BILLING FORMS.  (a)  In this
  21-38  article:
  21-39              (1)  "Health benefit plan" means a group, blanket, or
  21-40  franchise insurance policy, a group hospital service contract, or a
  21-41  group subscriber contract or evidence of coverage issued by a
  21-42  health maintenance organization that provides benefits for health
  21-43  care services.
  21-44              (2)  "Health carrier" means any entity authorized under
  21-45  this code or another insurance law of this state that provides
  21-46  health insurance or health benefits in this state, including an
  21-47  insurance company, a group hospital service corporation under
  21-48  Chapter 20 of this code, a health maintenance organization under
  21-49  the Texas Health Maintenance Organization Act (Chapter 20A,
  21-50  Vernon's Texas Insurance Code), and a stipulated premium company
  21-51  authorized under Chapter 22 of this code.
  21-52              (3)  "Provider" means a person who provides health care
  21-53  under a license issued by this state, including a person listed in
  21-54  Section 2(B), Chapter 397, Acts of the 54th Legislature, Regular
  21-55  Session, 1955 (Article 3.70-2, Vernon's Texas Insurance Code), or
  21-56  in Article 21.52 of this code.
  21-57        (b)  A provider seeking payment or reimbursement under a
  21-58  health benefit plan and the health carrier that issued that plan
  21-59  must use uniform claim billing form UB-82/HCFA or HCFA 1500, or
  21-60  their successors, as developed by the National Uniform Billing
  21-61  Committee or its successor.
  21-62        SECTION 3.  Section 1(d)(3), Article 3.51-6, Insurance Code,
  21-63  is amended to read as follows:
  21-64              (3)  Any insurer or group hospital service corporation
  21-65  subject to Chapter 20, Insurance Code, who issues policies which
  21-66  provide hospital, surgical, or major medical expense insurance or
  21-67  any combination of these coverages on an expense incurred basis,
  21-68  but not a policy which provides benefits for specified disease or
  21-69  for accident only, shall provide a conversion or group continuation
  21-70  privilege as required by this subsection.  Any employee, member, or
   22-1  dependent whose insurance under the group policy has been
   22-2  terminated for any reason except involuntary termination for cause,
   22-3  including discontinuance of the group policy in its entirety or
   22-4  with respect to an insured class, and who has been continuously
   22-5  insured under the group policy and under any group policy providing
   22-6  similar benefits which it replaces for at least three consecutive
   22-7  months immediately prior to termination shall be entitled to such
   22-8  privilege as outlined in Paragraph (A), (B), or (C) below.
   22-9  Involuntary termination for cause does not include termination for
  22-10  any health-related cause.
  22-11                    (A)(i)  An insurer shall offer to each employee,
  22-12  member, or dependent a  conversion policy without evidence of
  22-13  insurability if written application for and payment of the first
  22-14  premium is made not later than the 31st day after the date of the
  22-15  termination.  The converted policy shall provide the same coverage
  22-16  and benefits as provided under the group policy or plan.  The
  22-17  lifetime maximum benefits shall be computed from the initial date
  22-18  of the employee's, member's, or dependent's coverage with the
  22-19  group.  An employee, member, or dependent may elect lesser coverage
  22-20  and benefits. <Coverage under an individual policy or group
  22-21  conversion policy of accident and health insurance without evidence
  22-22  of insurability if written application and payment of the first
  22-23  premium is made within 31 days after such termination.>  An
  22-24  employee, member, or dependent shall not be entitled to have a
  22-25  converted policy or plan issued if termination of the insurance
  22-26  <under the group policy> occurred because:  (aa) such person failed
  22-27  to pay any required premium; or (bb) any discontinued group
  22-28  coverage was replaced by similar group coverage within 31 days.
  22-29                          (ii)  An insurer shall not be required to
  22-30  issue a converted policy covering any person if:  (aa) such person
  22-31  is or could be covered by Medicare; (bb) such person is covered for
  22-32  similar benefits by another hospital, surgical, medical, or major
  22-33  medical expense insurance policy or hospital or medical service
  22-34  subscriber contract or medical practice or other prepayment plan or
  22-35  by any other plan or program; (cc) such person is eligible for
  22-36  similar benefits whether or not covered therefor under any
  22-37  arrangement of coverage for individuals in a group, whether on an
  22-38  insured or uninsured basis; or (dd) similar benefits are provided
  22-39  for or available to such person, pursuant to or in accordance with
  22-40  the requirements of any state or federal law<; or (ee) the benefits
  22-41  provided under the sources herein enumerated, together with the
  22-42  benefits provided by the converted policy, would result in
  22-43  overinsurance according to the insurer's standards.  The insurer's
  22-44  standards must bear some reasonable relationship to actual health
  22-45  care costs in the area in which the insured lives at the time of
  22-46  conversion and must be filed with the commissioner of insurance
  22-47  prior to their use in denying coverage>.  The board shall issue
  22-48  rules and regulations to establish minimum standards for benefits
  22-49  under policies issued pursuant to this subsection.
  22-50                    (B)(i)  Policies subject to Paragraph (A) above
  22-51  shall provide at the <insurer's> option of the employee, member, or
  22-52  dependent in lieu of the requirements of Paragraph (A) continuation
  22-53  of group coverage for employees or members and their eligible
  22-54  dependents subject to the eligibility provisions of Paragraph (A).
  22-55                          (ii)  Continuation of group coverage <need
  22-56  not include dental, vision care, or prescription drug benefits and>
  22-57  must be requested in writing within 31 <21> days following the
  22-58  later of:  (aa) the date the group coverage would otherwise
  22-59  terminate; or (bb) the date the employee is given notice of the
  22-60  right of continuation by either the employer or the group
  22-61  policyholder.
  22-62                          (iii)  In no event may the employee or
  22-63  member elect continuation more than 31 days after the date of such
  22-64  termination.
  22-65                          (iv)  An employee or member electing
  22-66  continuation must pay to the group policyholder or employer, on a
  22-67  monthly basis in advance, the amount of contribution required by
  22-68  the policyholder or employer, plus two percent of <but not more
  22-69  than> the group rate for the insurance being continued under the
  22-70  group policy on the due date of each payment.
   23-1                          (v)  The employee's or member's written
   23-2  election of continuation, together with the first contribution
   23-3  required to establish contributions on a monthly basis in advance,
   23-4  must be given to the policyholder or employer within 31 days of the
   23-5  date coverage would otherwise terminate.
   23-6                          (vi)  Continuation may not terminate until
   23-7  the earliest of:  (aa) six months after the date the election is
   23-8  made; (bb) failure to make timely payments; (cc) the date on which
   23-9  the group coverage terminates in its entirety; (dd) or one of the
  23-10  conditions specified in items (aa) through (dd) <(ee)> of
  23-11  Subparagraph (ii), Paragraph (A) above is met by the covered
  23-12  individual.
  23-13                    (C)  The insurer may elect to provide the
  23-14  conversion coverage on an individual or group basis <group
  23-15  insurance coverage in lieu of the issuance of a converted policy
  23-16  under Paragraph (A) above>.
  23-17        The premium for the converted policy issued under Paragraph
  23-18  (A) of this subdivision shall <or the group coverage under
  23-19  Paragraph (C) of this subdivision, should> be determined in
  23-20  accordance with the insurer's table of premium rates for coverage
  23-21  that was provided under the group policy or plan <applicable to the
  23-22  age and class of risk of each person to be covered under that
  23-23  policy and the type and amount of insurance provided>.  The premium
  23-24  may be based on the age and geographic location of each person to
  23-25  be covered and the type of converted policy.  The premium for the
  23-26  same coverage and benefits under a converted policy may not exceed
  23-27  200 percent of the premium determined in accordance with this
  23-28  paragraph.  The premium must be based on the type of converted
  23-29  policy and the coverage provided by the policy.
  23-30        SECTION 4.  Subchapter E, Chapter 21, Insurance Code, is
  23-31  amended by adding Article 21.52D to read as follows:
  23-32        Art. 21.52D.  REVIEW OF MANDATED COVERAGE IN HEALTH BENEFIT
  23-33  PLANS
  23-34        Sec. 1.  DEFINITIONS.  In this article:
  23-35              (1)  "Commissioner" means the commissioner of
  23-36  insurance.
  23-37              (2)  "Health benefit plan" means:
  23-38                    (A)  an individual, group, blanket, or franchise
  23-39  insurance policy, insurance agreement, or group hospital service
  23-40  contract that provides benefits for medical or surgical expenses
  23-41  incurred as a result of an accident or sickness; or
  23-42                    (B)  an evidence of coverage or group subscriber
  23-43  contract issued by a health maintenance organization.
  23-44              (3)  "Mandated benefit provision" means a provision of
  23-45  law that requires a health benefit plan to:
  23-46                    (A)  cover a particular health care service or
  23-47  provide a particular benefit;
  23-48                    (B)  cover a particular class of persons; or
  23-49                    (C)  provide for the reimbursement, use, or
  23-50  consideration of a particular category of health care
  23-51  practitioners.
  23-52              (4)  "Panel" means the mandated benefit review panel
  23-53  appointed under this article.
  23-54        Sec. 2.  MANDATED BENEFIT REVIEW PANEL.  (a)  The mandated
  23-55  benefit review panel is composed of three senior researchers
  23-56  appointed by the commissioner.  Two members of the panel must be
  23-57  experts in health research or biostatistics and must serve on the
  23-58  faculty of a university located in this state.
  23-59        (b)  Members of the panel serve staggered six-year terms,
  23-60  with the term of one member expiring February 1 of each
  23-61  odd-numbered year.  If there is a vacancy during a term, the
  23-62  commissioner shall appoint a replacement who meets the
  23-63  qualifications of the vacated office to fill the unexpired term.
  23-64        (c)  A member of the panel is not entitled to compensation
  23-65  but is entitled to reimbursement for actual and necessary expenses
  23-66  incurred in performing duties as a member of the panel at the rate
  23-67  provided for that reimbursement by the General Appropriations Act.
  23-68        (d)  The department shall provide staff for the panel in
  23-69  accordance with legislative appropriation.
  23-70        Sec. 3.  REFERRAL OF BILL; REPORT.  (a)  The presiding
   24-1  officer of either house of the legislature shall refer a bill
   24-2  proposing a mandated benefit provision or an amendment to a
   24-3  mandated benefit provision to the panel for a review and report in
   24-4  accordance with this article.
   24-5        (b)  Not later than the 30th day after the date the bill is
   24-6  referred to the panel, the panel shall issue a report.
   24-7        (c)  The panel shall provide a summary and copy of the
   24-8  panel's report to the presiding officer of each house of the
   24-9  legislature and to the commissioner.
  24-10        (d)  The summary must include:
  24-11              (1)  a brief description of the mandated benefit
  24-12  provision;
  24-13              (2)  the panel's conclusion on the necessity, cost,
  24-14  cost effectiveness, and medical efficacy of the provision;
  24-15              (3)  research evidencing the medical efficacy of the
  24-16  health care service; and
  24-17              (4)  the manner in which similar mandated benefit
  24-18  provisions enacted in other states have affected health care and
  24-19  health insurance costs in those states.
  24-20        Sec. 4.  REPORT ON EXISTING MANDATED BENEFIT PROVISIONS.
  24-21  (a)  Not later than February 1, 1995, the panel shall issue a
  24-22  report on each mandated benefit provision that is in effect on the
  24-23  date the report is issued.
  24-24        (b)  The panel shall provide a copy of the panel's report to
  24-25  the presiding officer of each house of the legislature and to the
  24-26  commissioner.
  24-27        (c)  The panel's report under this section must include:
  24-28              (1)  a brief description of each mandated benefit
  24-29  provision;
  24-30              (2)  the panel's conclusion on the necessity, cost,
  24-31  cost effectiveness, and medical efficacy of each provision;
  24-32              (3)  research evidencing the medical efficacy of each
  24-33  health care service; and
  24-34              (4)  the manner in which similar mandated benefit
  24-35  provisions enacted in other states have affected health care and
  24-36  health insurance costs in those states.
  24-37        SECTION 5.  HEALTH INSURANCE ACCESS STUDY.  (a)  A
  24-38  comprehensive study of guaranteed issue as a feature of health
  24-39  insurance reform shall be conducted on behalf of the legislature.
  24-40        (b)  The study shall be conducted by a committee composed of:
  24-41              (1)  two members of the senate appointed by the
  24-42  lieutenant governor;
  24-43              (2)  two members of the house of representatives
  24-44  appointed by the speaker of the house of representatives;
  24-45              (3)  a representative of the business community in this
  24-46  state appointed by the lieutenant governor;
  24-47              (4)  a representative of the business community in this
  24-48  state appointed by the speaker of the house of representatives;
  24-49              (5)  a representative of the insurance industry
  24-50  appointed by the lieutenant governor;
  24-51              (6)  a representative of the insurance industry
  24-52  appointed by the speaker of the house of representatives;
  24-53              (7)  a representative of health care providers
  24-54  appointed by the lieutenant governor;
  24-55              (8)  a representative of health care providers
  24-56  appointed by the speaker of the house of representatives;
  24-57              (9)  a representative of consumer groups appointed by
  24-58  the lieutenant governor; and
  24-59              (10)  a representative of consumer groups appointed by
  24-60  the speaker of the house of representatives.
  24-61        (c)  A member of the committee is entitled to reimbursement
  24-62  for expenses incurred in carrying out official duties as a member
  24-63  of the committee at the rate specified in the General
  24-64  Appropriations Act.
  24-65        (d)  The committee shall:
  24-66              (1)  investigate and evaluate the experience of other
  24-67  jurisdictions in which guaranteed issue of health benefit plans has
  24-68  been required;
  24-69              (2)  collect and evaluate data regarding the effect of
  24-70  guaranteed issue requirements on health insurance availability and
   25-1  accessibility; and
   25-2              (3)  collect and evaluate data regarding the effect of
   25-3  guaranteed issue requirements on health insurance rates.
   25-4        (e)  Not later than January 1, 1995, the committee shall
   25-5  prepare and present its report.  The report shall include
   25-6  recommended statutory or rule changes to implement the committee's
   25-7  recommendations.  The committee shall file copies of the report
   25-8  with the Legislative Reference Library, the governor's office, the
   25-9  secretary of the senate, the chief clerk of the house of
  25-10  representatives, the Texas Department of Insurance, and the Office
  25-11  of Public Insurance Counsel.
  25-12        (f)  On request of the committee, the Texas Legislative
  25-13  Council, senate, and house of representatives shall provide staff
  25-14  as necessary to carry out the duties of the committee.
  25-15        (g)  The operating expenses of the committee shall be paid
  25-16  from available funds of the legislature.
  25-17        SECTION 6.  REINSURANCE STUDY.  (a)  The Texas Department of
  25-18  Insurance shall initiate a comprehensive study of the reinsurance
  25-19  system established by Subchapter F, Chapter 26, Insurance Code, as
  25-20  added by this Act.
  25-21        (b)  The department shall review and analyze, from an
  25-22  actuarial standpoint, the potential cost of catastrophic losses to
  25-23  the system and recommend funding methods to adequately finance any
  25-24  anticipated losses to the system.  The department shall also
  25-25  develop an actuarial model for the system's operation.  The
  25-26  department shall fully investigate the experience of other states
  25-27  with health reinsurance systems.
  25-28        (c)  The department shall report its findings to the
  25-29  governor, lieutenant governor, and speaker of the house of
  25-30  representatives not later than January 1, 1995.
  25-31        SECTION 7.  (a)  Not later than November 1, 1993, each health
  25-32  carrier subject to Chapter 26, Insurance Code, as added by this
  25-33  Act, shall file a report with the commissioner that states the
  25-34  carrier's gross premiums derived from health benefit plans
  25-35  delivered, issued for delivery, or renewed to small employers in
  25-36  1992.
  25-37        (b)  Not later than November 1, 1994, each health carrier
  25-38  subject to Chapter 26, Insurance Code, as added by this Act, shall
  25-39  file with the commissioner an update to the report required by
  25-40  Subsection (a) of this section.
  25-41        SECTION 8.  Not later than July 1, 1995, a small employer
  25-42  carrier subject to Chapter 26, Insurance Code, as added by this
  25-43  Act, shall notify the commissioner of its initial election to
  25-44  operate as a risk-assuming or reinsured carrier under Article
  25-45  26.51, Insurance Code, as added by this Act.
  25-46        SECTION 9.  In making the initial appointments to the board
  25-47  of trustees of the Texas Health Benefits Purchasing Cooperative
  25-48  established under Subchapter B, Chapter 26, Insurance Code, as
  25-49  added by this Act, the governor shall appoint two members for terms
  25-50  expiring February 1, 1995, two members for terms expiring February
  25-51  1, 1997, and two members for terms expiring February 1, 1999.
  25-52        SECTION 10.  (a)  Except as otherwise provided by this
  25-53  section, this Act takes effect September 1, 1993.
  25-54        (b)  A health carrier is not required to offer, deliver, or
  25-55  issue for delivery a small employer health benefit plan, as
  25-56  required by Subchapter E, Chapter 26, Insurance Code, as added by
  25-57  this Act, before January 1, 1994.
  25-58        (c)  The Texas Health Reinsurance System may not reinsure a
  25-59  risk in accordance with Subchapter F, Chapter 26, Insurance Code,
  25-60  as added by this Act, before September 1, 1995.
  25-61        (d)  Article 21.52C, Insurance Code, as added by this Act,
  25-62  applies only to the use of a claim billing form on or after January
  25-63  1, 1994.
  25-64        (e)  Section 1(d)(3), Article 3.51-6, Insurance Code, as
  25-65  amended by this Act, applies only to conversion of a policy
  25-66  delivered, issued for delivery, or renewed on or after January 1,
  25-67  1994.  Conversion of a policy that was delivered, issued for
  25-68  delivery, or renewed before January 1, 1994, is governed by the law
  25-69  in effect immediately before the effective date of this Act, and
  25-70  that law is continued in effect for this purpose.
   26-1        (f)  Article 26.21(a), Insurance Code, as added by this Act,
   26-2  is effective September 1, 1995.
   26-3        SECTION 11.  In making the initial appointments to the
   26-4  mandated benefit review panel created under Article 21.52D,
   26-5  Insurance Code, as added by this Act, the commissioner of insurance
   26-6  shall appoint one member for a term expiring February 1, 1995, one
   26-7  member for a term expiring February 1, 1997, and one member for a
   26-8  term expiring February 1, 1999.
   26-9        SECTION 12.  To the extent that any provision of this law
  26-10  conflicts with Section 14, Chapter 214, Acts of the 64th
  26-11  Legislature, Regular Session, 1975 (Article 20A.14, Vernon's Texas
  26-12  Insurance Code), or Article 21.52, 21.52B, or 21.53, Insurance
  26-13  Code, the provisions of that section or article shall prevail.
  26-14        SECTION 13.  The importance of this legislation and the
  26-15  crowded condition of the calendars in both houses create an
  26-16  emergency and an imperative public necessity that the
  26-17  constitutional rule requiring bills to be read on three several
  26-18  days in each house be suspended, and this rule is hereby suspended.
  26-19                               * * * * *
  26-20                                                         Austin,
  26-21  Texas
  26-22                                                         May 18, 1993
  26-23  Hon. Bob Bullock
  26-24  President of the Senate
  26-25  Sir:
  26-26  We, your Committee on Economic Development to which was referred
  26-27  H.B. No. 2055, have had the same under consideration, and I am
  26-28  instructed to report it back to the Senate with the recommendation
  26-29  that it do not pass, but that the Committee Substitute adopted in
  26-30  lieu thereof do pass and be printed.
  26-31                                                         Parker,
  26-32  Chairman
  26-33                               * * * * *
  26-34                               WITNESSES
  26-35                                                  FOR   AGAINST  ON
  26-36  ___________________________________________________________________
  26-37  Name:  Will D. Davis                             x
  26-38  Representing:  TLROA
  26-39  City:  Austin
  26-40  -------------------------------------------------------------------
  26-41  Name:  David Pinkus                              x
  26-42  Representing:  Small Business United of Tx
  26-43  City:  Austin
  26-44  -------------------------------------------------------------------
  26-45  Name:  Henry Dawson                              x
  26-46  Representing:  United Insurance
  26-47  City:  Dallas
  26-48  -------------------------------------------------------------------
  26-49  Name:  Sara Perkins                              x
  26-50  Representing:  American Cancer Society
  26-51  City:  Dallas
  26-52  -------------------------------------------------------------------
  26-53  Name:  Shirley Hutzler                           x
  26-54  Representing:  Tx Assn. of Health Underwriters
  26-55  City:  Austin
  26-56  -------------------------------------------------------------------
  26-57                                                  FOR   AGAINST  ON
  26-58  ___________________________________________________________________
  26-59  Name:  Dorothy Thorson                           x
  26-60  Representing:  Golden Rule Insurance Co.
  26-61  City:  Bourbonnais, IL
  26-62  -------------------------------------------------------------------
  26-63  Name:  Ted B. Roberts                            x
  26-64  Representing:  Tx Assn. of Business
  26-65  City:  Austin
  26-66  -------------------------------------------------------------------
  26-67  Name:  Rhonda Myron                                            x
  26-68  Representing:  TDI
  26-69  City:  Austin
  26-70  -------------------------------------------------------------------
   27-1  Name:  Lisa McGiffert                                          x
   27-2  Representing:  Consumers Union
   27-3  City:  Austin
   27-4  -------------------------------------------------------------------
   27-5  Name:  Gene Fondren                              x
   27-6  Representing:  Tx Auto Dealers Assn.
   27-7  City:  Austin
   27-8  -------------------------------------------------------------------
   27-9  Name:  Joe Da Silva                              x
  27-10  Representing:  Texas Hospital Assn.
  27-11  City:  Austin
  27-12  -------------------------------------------------------------------
  27-13  Name:  Allan Patek                               x
  27-14  Representing:  Employers Health Ins./HIAA
  27-15  City:  Green Bay, WI
  27-16  -------------------------------------------------------------------
  27-17  Name:  Karen Elinski                             x
  27-18  Representing:  Prudential Insurance Co.
  27-19  City:  Newark, NJ
  27-20  -------------------------------------------------------------------
  27-21  Name:  Bill Kowalski                             x
  27-22  Representing:  CIGNA Companies
  27-23  City:  Hartford, CT
  27-24  -------------------------------------------------------------------
  27-25  Name:  Gilbert Turrieda                          x
  27-26  Representing:  Natl Assn. Self-Employed NASE
  27-27  City:  Austin
  27-28  -------------------------------------------------------------------
  27-29  Name:  Robert W. Blevins                         x
  27-30  Representing:  Texas Life Ins. Assoc.
  27-31  City:  Austin
  27-32  -------------------------------------------------------------------
  27-33  Name:  Jim Nelson                                x
  27-34  Representing:  Golden Rule Ins. Co.
  27-35  City:  Austin
  27-36  -------------------------------------------------------------------
  27-37  Name:  Daryl B. Dorcy                            x
  27-38  Representing:  G. D. Searle & Co.
  27-39  City:  Austin
  27-40  -------------------------------------------------------------------
  27-41  Name:  Robert Howden                             x
  27-42  Representing:  Natl Fed. of Ind. Business/Tx
  27-43  City:  Austin
  27-44  -------------------------------------------------------------------
  27-45  Name:  Pam Beachley                              x
  27-46  Representing:  Business Ins. Consumers Assn.
  27-47  City:  Austin
  27-48  -------------------------------------------------------------------
  27-49  Name:  Chris Shields                             x
  27-50  Representing:  Tx Chamber of Commerce
  27-51  City:  Austin
  27-52  -------------------------------------------------------------------
  27-53  Name:  Karen Lindell                             x
  27-54  Representing:  Tx Rural Health Assn.
  27-55  City:  Austin
  27-56  -------------------------------------------------------------------
  27-57                                                  FOR   AGAINST  ON
  27-58  ___________________________________________________________________
  27-59  Name:  Ruthann Geer                              x
  27-60  Representing:  Tx League of Women Voters
  27-61  City:  Austin
  27-62  -------------------------------------------------------------------
  27-63  Name:  Anita Bradberry                           x
  27-64  Representing:  Tx Assn. for Home Care
  27-65  City:  Austin
  27-66  -------------------------------------------------------------------
  27-67  Name:  J. P. Word                                x
  27-68  Representing:  Texas Chiropractic Assn.
  27-69  City:  Austin
  27-70  -------------------------------------------------------------------