By:  Harris of Tarrant, Moncrief                       S.B. No. 206
            Zaffirini
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to claims, review of claims, and fraudulent claims for
    1-2  benefits for certain health care and mental health care services
    1-3  covered by insurance; imposing civil and criminal penalties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter C, Chapter 21, Insurance Code, is
    1-6  amended by adding Article 21.24-2 to read as follows:
    1-7        Art. 21.24-2.  SETTLEMENT OF CLAIMS FOR HEALTH CARE SERVICES
    1-8        Sec. 1.  DEFINITIONS.  In this article:
    1-9              (1)  "Health care provider" means a person providing
   1-10  health care services who is eligible for reimbursement for those
   1-11  services from an insurer.
   1-12              (2)  "Insured" means the policyholder in the case of an
   1-13  individual policy of insurance and the certificate holder in the
   1-14  case of a group policy of insurance.
   1-15              (3)  "Insurer" means a person who is authorized to
   1-16  write an individual or group policy of insurance that is delivered,
   1-17  issued for delivery, or renewed in this state and that provides
   1-18  coverage for medical or surgical expenses incurred as a result of
   1-19  accident or sickness, including a company subject to Chapter 20 of
   1-20  this code and a health maintenance organization subject to the
   1-21  Texas Health Maintenance Organization Act (Chapter 20A, Vernon's
   1-22  Texas Insurance Code).
   1-23        Sec. 2.  NOTICE OF AMOUNT PAID.  An insurer shall notify the
   1-24  insured in writing of the amount billed by a health care provider
    2-1  and actually paid by the insurer for health care services provided
    2-2  under the insured's coverage.
    2-3        Sec. 3.  ADJUSTMENT OF DEDUCTIBLE OR COPAYMENT.  If an
    2-4  insured pays a deductible or copayment for health care services and
    2-5  the amount actually paid by the insurer for those services is
    2-6  adjusted, the health care provider shall refund to the insured any
    2-7  amount of the deductible or copayment paid by the insured in excess
    2-8  of the amount required to be paid under the policy for those
    2-9  services.  At the time of the adjustment, the insurer shall notify
   2-10  the health care provider of the adjustment and provide the health
   2-11  care provider with a statement of the deductible and copayment
   2-12  requirements applicable to the insured, as well as any other
   2-13  information necessary for the health care provider to make the
   2-14  appropriate refund to the insured.
   2-15        SECTION 2.  Subchapter C, Chapter 21, Insurance Code, is
   2-16  amended by adding Article 21.24-3 to read as follows:
   2-17        Art. 21.24-3.  WAIVER OR REDUCTION OF COPAYMENT OR DEDUCTIBLE
   2-18  PROHIBITED
   2-19        Sec. 1.  DEFINITIONS.  In this article:
   2-20              (1)  "Health care provider" means a person providing
   2-21  health care services who is eligible for reimbursement for those
   2-22  services from an insurer or who provides services to enrollees of
   2-23  health care plans.
   2-24              (2)  "Enrollee" means an individual who is enrolled in
   2-25  a health care plan.
   2-26              (3)  "Health care plan" has the meaning assigned by
   2-27  Section 2, Texas Health Maintenance Organization Act (Article
    3-1  20A.02, Vernon's Texas Insurance Code).
    3-2              (4)  "Health insurance policy" means an individual or
    3-3  group policy of insurance that provides coverage for medical or
    3-4  surgical expenses incurred as a result of accident or sickness,
    3-5  including a policy issued by a group hospital service corporation.
    3-6              (5)  "Insured" means a policyholder in the case of an
    3-7  individual health insurance policy and the certificate holder in
    3-8  the case of a group health insurance policy.
    3-9        Sec. 2.  WAIVER OR REDUCTION OF COPAYMENT OR DEDUCTIBLE.
   3-10  (a)  A health care provider may not waive or reduce a copayment,
   3-11  deductible, or similar fee required under a health insurance policy
   3-12  or health care plan.
   3-13        (b)  A health care provider may not represent to an insured
   3-14  or enrollee that a waiver or reduction in violation of Subsection
   3-15  (a) of this section is permissible.
   3-16        (c)  A health care provider has waived a copayment,
   3-17  deductible, or similar fee in violation of Subsection (a) of this
   3-18  section if the provider knowingly fails to follow standard business
   3-19  practices to collect the copayment, deductible, or similar fee.
   3-20        Sec. 3.  PENALTIES.  (a)  A person who violates this article
   3-21  commits an offense.  An offense under this subsection is a Class B
   3-22  misdemeanor.
   3-23        (b)  A person who violates this article commits an unfair
   3-24  method of competition and unfair and deceptive act or practice for
   3-25  purposes of Article 21.21, Insurance Code.
   3-26        (c)  A person who violates this article commits a false,
   3-27  misleading, or deceptive act or practice for purposes of Subchapter
    4-1  E, Chapter 17, Business & Commerce Code.
    4-2        SECTION 3.  Subtitle B, Title 2, Health and Safety Code, is
    4-3  amended by adding Chapter 45 to read as follows:
    4-4                    CHAPTER 45.  AUDIT OF HOSPITALS
    4-5        Sec. 45.001.  AUDIT OF HOSPITAL.  (a)  If a utilization
    4-6  review agent certified under Article 21.58A, Insurance Code,
    4-7  conducts an audit of hospital billings in conjunction with a
    4-8  utilization review, the agent shall report any adverse results of
    4-9  the audit to the state agency that licenses the hospital.
   4-10        (b)  The department shall adopt criteria for reports made
   4-11  under this section, including criteria to determine whether a
   4-12  report of adverse results of an audit must be made, in consultation
   4-13  with the Texas Department of Mental Health and Mental Retardation
   4-14  and the Texas Commission on Alcohol and Drug Abuse.
   4-15        SECTION 4.  Section 9, Article 21.58A, Insurance Code, is
   4-16  amended to read as follows:
   4-17        Sec. 9.  VIOLATIONS.  <(a)  If the commissioner believes that
   4-18  a utilization review agent has violated or is violating this
   4-19  article, the commissioner shall notify the utilization review agent
   4-20  of the alleged violation and may compel the production of any and
   4-21  all documents or other information as provided by this code.>
   4-22        <(b)  The commissioner may initiate the proceedings under
   4-23  this section after the 30th day after the date the commissioner
   4-24  notifies the agent as required by Subsection (a) of this section.>
   4-25        <(c)  Proceedings under this article are a contested case for
   4-26  the purposes of the administrative procedure act.>
   4-27        <(d)>  If a <after notice and hearing the commissioner
    5-1  determines that the> utilization review agent has violated or is
    5-2  violating any provision of this article, the commissioner may<:>
    5-3              <(1)>  impose sanctions under Section 7, Article 1.10
    5-4  of this code<;> or
    5-5              <(2)  issue a cease and desist order> under Article
    5-6  1.10A of this code.
    5-7        SECTION 5.  Section 11, Article 21.58A, Insurance Code, is
    5-8  amended by adding Subsection (c) to read as follows:
    5-9        (c)  The board shall adopt guidelines and procedures for
   5-10  utilization reviews conducted after a health care service has been
   5-11  provided to an enrollee.
   5-12        SECTION 6.  Article 21.58A, Insurance Code, is amended by
   5-13  adding Section 13A to read as follows:
   5-14        Sec. 13A.  REPORTING OF INFORMATION RELATING TO PATIENT CARE;
   5-15  IMMUNITY.  (a)  For the purpose of this section, "quality assurance
   5-16  entity" means any person, committee, division, department, or other
   5-17  entity responsible for quality assurance or peer review of services
   5-18  provided by a health care provider.
   5-19        (b)  A utilization review agent may report to a quality
   5-20  assurance entity information gathered by the utilization review
   5-21  agent that relates to a specific patient and that is relevant to
   5-22  the quality of care received by the patient.  The utilization
   5-23  review agent may require that the quality assurance entity ensure
   5-24  compliance with confidentiality requirements imposed by law,
   5-25  including the requirements of Sections 161.032 and 611.002, Health
   5-26  and Safety Code, and Section 5.06, Medical Practice Act (Article
   5-27  4495b, Vernon's Texas Civil Statutes).
    6-1        (c)  Information provided by a utilization review agent to a
    6-2  peer review committee under Section 5.06, Medical Practice Act
    6-3  (Article 4495b, Vernon's Texas Civil Statutes), is subject to the
    6-4  confidentiality requirements of that section.
    6-5        (d)  Except as provided by Section 5.06, Medical Practice Act
    6-6  (Article 4495b, Vernon's Texas Civil Statutes), a utilization
    6-7  review agent is not subject to liability for providing information
    6-8  to a quality assurance entity.
    6-9        SECTION 7.  Section 2, Article 1.10A, Insurance Code, is
   6-10  amended to read as follows:
   6-11        Sec. 2.  Authority To Issue Order.  The commissioner may
   6-12  issue an emergency cease and desist order, ex parte, if:
   6-13              (1)  the commissioner believes:
   6-14                    (A)  an authorized person engaging in the
   6-15  business of insurance is committing an unfair method of competition
   6-16  or an unfair or deceptive act or practice in violation of Article
   6-17  21.21 or Article 21.21-2 of this code or in violation of a rule or
   6-18  regulation promulgated under Article 21.21 or Article 21.21-2 of
   6-19  this code;
   6-20                    (B)  an unauthorized person is engaging in the
   6-21  business of insurance in violation of Article 1.14-1 of this code
   6-22  or in violation of a rule or regulation promulgated under Article
   6-23  1.14-1 of this code;
   6-24                    (C)  an unauthorized person engaged in the
   6-25  business of insurance acting in violation of Article 1.14-1 of this
   6-26  code is committing an unfair method of competition or an unfair or
   6-27  deceptive act or practice in violation of Article 21.21 or Article
    7-1  21.21-2 of this code or in violation of any rule or regulation
    7-2  promulgated under Article 21.21 or Article 21.21-2 of this code;
    7-3  <or>
    7-4                    (D)  an authorized person engaging in the
    7-5  business of insurance is determined by the commissioner to be in a
    7-6  hazardous condition or a hazardous financial condition under
    7-7  Article 1.32 or Article 20A.19 of this code; or
    7-8                    (E)  a person is violating Article 21.58A of this
    7-9  code or a rule adopted under Article 21.58A of this code; and
   7-10              (2)  it appears to the commissioner that the alleged
   7-11  conduct is fraudulent or hazardous or creates an immediate danger
   7-12  to the public safety or is causing or can be reasonably expected to
   7-13  cause significant, imminent, and irreparable public injury.
   7-14        SECTION 8.  Title 2, Health and Safety Code, is amended by
   7-15  adding  Subtitle I to read as follows:
   7-16                    SUBTITLE I.  SPECIAL PROVISIONS
   7-17                  CHAPTER 180.  DEPARTMENT REVIEW OF
   7-18                     MENTAL HEALTH BENEFITS CLAIMS
   7-19        Sec. 180.001.  DEFINITIONS.  In this chapter:
   7-20              (1)  "Insured" means a person who makes a mental health
   7-21  benefits claim.
   7-22              (2)  "Insurer" means an insurer that writes an
   7-23  individual or group policy of insurance that is delivered, issued
   7-24  for delivery, or renewed in this state, including a company subject
   7-25  to Chapter 20, Insurance Code, and a health maintenance
   7-26  organization subject to the Texas Health Maintenance Organization
   7-27  Act (Chapter 20A, Vernon's Texas Insurance Code).
    8-1              (3)  "Mental health benefits claim" means a claim made
    8-2  under an insurance policy for benefits for the treatment of a
    8-3  mental or emotional disorder, including a serious mental illness as
    8-4  defined by Article 3.51-14, Insurance Code.
    8-5              (4)  "Mental health benefits invoice" means an invoice
    8-6  for goods or services provided to an insured for the treatment of a
    8-7  mental or emotional disorder, including a serious mental illness as
    8-8  defined by Article 3.51-14, Insurance Code.  The term includes an
    8-9  invoice that is provided to an assignee of the insured.
   8-10        Sec. 180.002.  CLAIM REVIEW.  (a)  On request and in
   8-11  accordance with this section, the department may review a mental
   8-12  health benefits invoice.
   8-13        (b)  Not later than the 30th day after the date an insured
   8-14  notifies an insurer of a mental health benefits claim, the insurer
   8-15  may request that the department conduct a review of the invoice
   8-16  under this section.  The department shall adopt rules establishing
   8-17  criteria for when review may be requested by an insurer under this
   8-18  subsection and what documentation the insurer must provide in
   8-19  connection with the request to demonstrate that those criteria have
   8-20  been satisfied.
   8-21        (c)  Not later than the 30th day after the date the insurer
   8-22  notifies an insured that the insurer has denied all or part of a
   8-23  mental health benefits claim, the insured may request that the
   8-24  department conduct a review of the invoice under this section.
   8-25  This subsection does not apply to an invoice for which the insurer
   8-26  has requested a review under Subsection (b) of this section.
   8-27        (d)  Not later than the 30th day after the date the
    9-1  department receives a request from an insured under Subsection (c)
    9-2  of this section, the department shall mail a notice to the affected
    9-3  insurer, advising the insurer of the request.
    9-4        (e)  The department shall report a person to the office of
    9-5  attorney general and to the Texas Department of Mental Health and
    9-6  Mental Retardation or other appropriate state agency if the
    9-7  department finds, as a result of a review conducted under this
    9-8  section, that the person participated in the issuance of a mental
    9-9  health benefits invoice that the person knows:
   9-10              (1)  does not accurately reflect the services or
   9-11  products provided;
   9-12              (2)  includes a service or product that should not have
   9-13  been provided; or
   9-14              (3)  includes an unreasonable charge for a service or
   9-15  product.
   9-16        (f)  The board shall adopt rules governing hearings and
   9-17  reviews conducted under this article.
   9-18        (g)  This section does not limit the right of an insured to
   9-19  bring an action in a court to enforce the insured's rights against
   9-20  an insurer.  An insured is not required to request review under
   9-21  this article before bringing an action in court.  Regardless of
   9-22  whether a review has been conducted under Subsection (c) of this
   9-23  section, the insured is entitled to trial de novo with respect to
   9-24  any matter that was the subject of the review.
   9-25        (h)  The request for an investigation pursuant to this
   9-26  article shall not relieve the insurer from any payment obligations,
   9-27  including without limitation those set forth in Article 21.55 of
   10-1  this code.
   10-2        SECTION 9.  Subchapter E, Chapter 21, Insurance Code, is
   10-3  amended by adding Article 21.58D to read as follows:
   10-4        Art. 21.58D.  Insurer Investigation of Health Benefits Claims
   10-5        Sec. 1.  Definitions.  In this article:
   10-6              (1)  "Health benefits claim" means a claim made under
   10-7  an insurance policy for benefits for the treatment of an illness or
   10-8  injury, including a serious mental illness as defined by Article
   10-9  3.51-14 of this code or any other mental or emotional disorder.
  10-10              (2)  "Health benefits invoice" means an invoice for
  10-11  goods or services provided to an insured for the treatment of an
  10-12  illness or injury, including a mental or emotional disorder.  The
  10-13  term includes an invoice that is provided to an assignee of the
  10-14  insured.
  10-15              (3)  "Insured" means a person making a health benefits
  10-16  claim under an insurance policy.
  10-17              (4)  "Insurer" means an insurer that writes an
  10-18  individual or group policy of insurance that is delivered, issued
  10-19  for delivery, or renewed in this state, including a company subject
  10-20  to Chapter 20, Insurance Code, and a health maintenance
  10-21  organization subject to the Texas Health Maintenance Organization
  10-22  Act (Chapter 20A, Vernon's Texas Insurance Code).
  10-23        Sec. 2.  Investigation.  (a)  An insurer shall investigate a
  10-24  claim submitted to the insurer if the insured requests an
  10-25  investigation under this section.
  10-26        (b)  An insured may request that the insurer investigate
  10-27  whether the health benefits invoice on which the claim is based:
   11-1              (1)  accurately reflects the services or products
   11-2  provided;
   11-3              (2)  includes a service or product that should not have
   11-4  been provided; or
   11-5              (3)  includes an unreasonable charge for a service or
   11-6  product.
   11-7        (c)  The insured must make the request for investigation not
   11-8  later than the 30th day after the date on which:
   11-9              (1)  the insured mailed or delivered the claim to the
  11-10  insurer; or
  11-11              (2)  the insured received notice of a claim filed by a
  11-12  health care provider under an assignment of benefits.
  11-13        (d)  The insurer shall report the results of the
  11-14  investigation to the insured, the department, the provider, and the
  11-15  Texas Department of Health, Texas Department of Mental Health and
  11-16  Mental Retardation, or other appropriate state agency.
  11-17        Sec. 3.  NOTIFICATION OF RIGHT TO INVESTIGATION.  (a)  Each
  11-18  individual policy of insurance, certificate evidencing coverage
  11-19  under a group policy of insurance, and evidence of coverage issued
  11-20  by a health maintenance organization that is delivered, issued for
  11-21  delivery, or renewed by an insurer in this state must include a
  11-22  statement of an insured's right to an investigation under this
  11-23  article.
  11-24        (b)  A notice of the amount billed provided to an insured
  11-25  under Section 2, Article 21.24-2, of this code must include a
  11-26  statement of the insured's right to an investigation under this
  11-27  article.
   12-1        (c)  The board shall adopt rules governing the form and
   12-2  content of the statement included in the policy, certificate,
   12-3  evidence of coverage, or notice under this article.
   12-4        SECTION 10.  Subchapter E, Chapter 21, Insurance Code, is
   12-5  amended by adding Articles 21.79, 21.79A, 21.79A-1, and 21.79A-2 to
   12-6  read as follows:
   12-7        Art. 21.79.  CIVIL ACTIONS FOR INSURANCE CLAIM FRAUD
   12-8        Sec. 1.  DEFINITION.  For purposes of this article, "health
   12-9  care practitioner" means a person who renders or causes to be
  12-10  rendered health care or mental health care services and who is
  12-11  entitled to payment under a health insurance policy and includes
  12-12  any person who may be selected by an insured or beneficiary under
  12-13  Article 21.52 of this code.  The term also includes a person who is
  12-14  an officer, employee, or agent of an organization that renders
  12-15  health care or mental health care services.
  12-16        Sec. 2.  CAUSES OF ACTION.  (a)  A person who is injured by
  12-17  an act of fraud in connection with an insurance claim may bring an
  12-18  action in a court of competent jurisdiction for damages and may
  12-19  petition the court to restrain further attempts to make an improper
  12-20  claim for payment.
  12-21        (b)  A person who has received medical treatment wrongfully
  12-22  or unnecessarily at the direction of a health care practitioner may
  12-23  bring an action in a court of competent jurisdiction for damages or
  12-24  to enjoin further wrongful acts.
  12-25        Sec. 3.  DAMAGES.  (a)  In an action filed under this
  12-26  article, the court may grant a successful claimant:
  12-27              (1)  compensatory damages plus all reasonable
   13-1  investigation and litigation expenses, including attorney fees;
   13-2              (2)  an order restraining the respondent from engaging
   13-3  in further attempts to make an improper claim for payment;
   13-4              (3)  damages in accordance with Subsection (b) of this
   13-5  section; and
   13-6              (4)  any other relief the court finds proper.
   13-7        (b)  If the court finds that the respondent has engaged in a
   13-8  pattern of committing fraud in connection with insurance claims,
   13-9  the court may award the claimant two times the amount of
  13-10  compensatory damages awarded under Subsection (a)(1) of this
  13-11  section.  An award of damages under this subsection is in addition
  13-12  to an award of damages under Subsection (a)(1) of this section.
  13-13        Sec. 4.  LIMITATIONS.  (a)  Notwithstanding Section 16.003,
  13-14  Civil Practice and Remedies Code, a person must bring suit under
  13-15  this article on or before the later of:
  13-16              (1)  four years after the date the fraud occurred; or
  13-17              (2)  four years after the date the person, in the
  13-18  exercise of reasonable diligence, should have discovered the
  13-19  occurrence of the fraud.
  13-20        (b)  The limitations period in this section does not include
  13-21  any period during which the person bringing the action reasonably
  13-22  believes that the department or another authorized governmental
  13-23  agency is conducting a criminal investigation or prosecution of the
  13-24  defendant for fraud.
  13-25        Sec. 5.  NOTICE TO APPROPRIATE AGENCY.  (a)  Not later than
  13-26  the 31st day after a verdict is entered holding a health care
  13-27  practitioner liable for damages under this article, the clerk of
   14-1  the court in  which the verdict is rendered shall prepare and send
   14-2  to the licensing authority with jurisdiction over the practitioner
   14-3  a certified abstract of the court's record regarding the case.
   14-4        (b)  On receipt of the abstract of the record, the licensing
   14-5  authority shall consider disciplinary action against the health
   14-6  care practitioner in accordance with the procedures used by that
   14-7  licensing authority.
   14-8        Art. 21.79A.  HEALTH CARE INSURANCE CLAIM FRAUD; NOTIFICATION
   14-9  OF LICENSING AUTHORITY.  (a)  For purposes of this article, "health
  14-10  care practitioner" means a person who renders or causes to be
  14-11  rendered health care or mental health care services and who is
  14-12  entitled to payment under a health insurance policy.  The term
  14-13  includes:
  14-14              (1)  any person who may be selected by an insured or
  14-15  beneficiary under Article 21.52 of this code; and
  14-16              (2)  an officer, employee, or agent of an organization
  14-17  that renders health care or mental health care services.
  14-18        (b)  If the department knows that a health care practitioner
  14-19  has been convicted of fraud in connection with an insurance claim,
  14-20  the department shall notify the licensing authority with
  14-21  jurisdiction over the practitioner of the conviction.
  14-22        (c)  On receipt of notification under Subsection (b) of this
  14-23  article, the licensing authority shall consider disciplinary action
  14-24  against the health care practitioner in accordance with the
  14-25  procedures used by that licensing authority.
  14-26        (d)  The department shall cooperate with the licensing
  14-27  authority and shall provide any necessary and relevant testimony,
   15-1  documents, or other evidence in the possession of the department.
   15-2        Art. 21.79A-1.  HEALTH CARE INSURANCE CLAIM FRAUD; REPORT OF
   15-3  OUT-OF-STATE CONVICTION.  (a)  For purposes of this article,
   15-4  "health care practitioner" means a person who renders or causes to
   15-5  be rendered health care or mental health care services and who is
   15-6  entitled to payment under a health insurance policy.  The term
   15-7  includes:
   15-8              (1)  any person who may be selected by an insured or
   15-9  beneficiary under Article 21.52 of this code; and
  15-10              (2)  an officer, employee, or agent of an organization
  15-11  that renders health care or mental health care services.
  15-12        (b)  If a health care practitioner rendering health care or
  15-13  mental health care services in this state is convicted of fraud on
  15-14  an insurer in another state, the practitioner shall report the
  15-15  conviction in writing to the commissioner.
  15-16        (c)  A health care practitioner who does not report a
  15-17  conviction in accordance with Subsection (b) of this article may be
  15-18  disciplined in accordance with the procedures of the licensing
  15-19  authority with jurisdiction over the practitioner.
  15-20        Art. 21.79A-2.  HEALTH CARE INSURANCE CLAIM FRAUD; HEALTH
  15-21  CARE PRACTITIONER COOPERATION IN INVESTIGATION.  (a)  In this
  15-22  article:
  15-23              (1)  "Health benefits claim" means a claim made under
  15-24  an insurance policy for benefits for the treatment of an illness or
  15-25  injury, including a mental or emotional disorder.
  15-26              (2)  "Health benefits claim investigation" means an
  15-27  investigation of a health benefits claim conducted by:
   16-1                    (A)  a law enforcement agency of this state;
   16-2                    (B)  an insurer;
   16-3                    (C)  the insurance fraud unit created under
   16-4  Article 1.10D of this code;
   16-5                    (D)  the office of the attorney general; or
   16-6                    (E)  a state or federal governmental agency or a
   16-7  nongovernmental agency established to detect and prevent fraudulent
   16-8  insurance acts or to regulate the business of insurance.
   16-9              (3)  "Health care practitioner" means a person who
  16-10  renders or causes to be rendered health care or mental health care
  16-11  services and who is entitled to payment under a health insurance
  16-12  policy.  The term includes:
  16-13                    (A)  any person who may be selected by an insured
  16-14  or beneficiary under Article 21.52 of this code; and
  16-15                    (B)  an officer, employee, or agent of an
  16-16  organization that renders health care or mental health care
  16-17  services.
  16-18              (4)  "Investigating agency" means the person conducting
  16-19  the health benefits claim investigation.
  16-20        (b)  Not later than the 31st day after the date on which a
  16-21  health care practitioner receives a request for information from an
  16-22  investigating agency that relates to a health benefits claim
  16-23  investigation, the health care practitioner shall provide the
  16-24  information to the agency.
  16-25        (c)  If the health care practitioner does not provide the
  16-26  requested information within the time specified by Subsection (b)
  16-27  of this article, a court of this state, on the petition of the
   17-1  investigating agency, shall order the health care practitioner to
   17-2  provide the information unless the health care practitioner
   17-3  demonstrates that the information is not available or that the
   17-4  information may not be released under state or federal law.
   17-5        (d)  A court issuing an order under Subsection (c) of this
   17-6  article also shall order the health care practitioner to pay
   17-7  reasonable attorney fees and costs incurred by the investigating
   17-8  agency in obtaining the order.  The order may include appropriate
   17-9  limits on the distribution of confidential communications.
  17-10        (e)  If the health benefits claim is the subject of a
  17-11  criminal or civil court proceeding at the time a court order is
  17-12  sought under Subsection (c) of this article, the petition for an
  17-13  order under Subsection (c) of this article must be made in the
  17-14  court in which the claim is pending.
  17-15        SECTION 11.  Subsection (e), Section 2, Article 1.10D,
  17-16  Insurance Code, is amended to read as follows:
  17-17        (e)  This section does  not prohibit or limit the authority
  17-18  of an insurer to conduct its own independent investigation into a
  17-19  suspected case of insurance claim fraud.  Before an insurer may
  17-20  request the commissioner to conduct an investigation of suspected
  17-21  claim fraud, the insurer must have completed its investigation and
  17-22  drafted a report of its findings.  The insurer shall submit the
  17-23  report and the related investigation file to the commissioner as
  17-24  part of the insurer's request for investigation by the
  17-25  commissioner.  The commissioner may undertake an investigation
  17-26  against a policyholder or claimant only if:
  17-27              (1)  <In regard to an insurer's request for
   18-1  investigation under this subsection, the commissioner's authority
   18-2  to undertake an investigation against a policyholder or claimant is
   18-3  limited to those instances in which> the insurer's investigation
   18-4  reports show a pattern of fraudulent activity; or
   18-5              (2)  the total amount of allegedly fraudulent claims is
   18-6  at least $25,000.
   18-7        SECTION 12.  Section 5, Article 1.10D, Insurance Code, is
   18-8  amended by adding Subsection (d) to read as follows:
   18-9        (d)  The insurance fraud unit may provide information or
  18-10  material that is relevant to an inquiry into claim fraud to an
  18-11  insurance industry-sponsored fraud investigation unit if the
  18-12  commissioner determines that providing the information or material
  18-13  would prevent further fraud or otherwise serve the public interest
  18-14  and that the interests of the department and of the insurance
  18-15  industry-sponsored fraud investigation unit are substantially
  18-16  similar with respect to the subject of the investigation.  An
  18-17  insurance industry-sponsored fraud investigation unit that has
  18-18  received information or material under this subsection may not
  18-19  release the information or material to a person other than an
  18-20  authorized governmental entity.  Providing information or material
  18-21  under this subsection is not a waiver of confidentiality by the
  18-22  department under any part of this code.  The department is not
  18-23  subject to liability for providing information or material to an
  18-24  insurance industry-sponsored fraud investigation unit.
  18-25        SECTION 13.  Subsection (a), Section 6, Article 1.10D,
  18-26  Insurance Code, is amended to read as follows:
  18-27        (a)  A person acting without malice, fraudulent intent, or
   19-1  bad faith is not subject to liability based on filing reports or
   19-2  furnishing, orally or in writing, other information concerning
   19-3  suspected, anticipated, or completed fraudulent insurance acts if
   19-4  the reports or information are provided to:
   19-5              (1)  a law enforcement officer or an agent or employee
   19-6  of a law enforcement officer;
   19-7              (2)  the National Association of Insurance
   19-8  Commissioners, a state or federal governmental agency or
   19-9  nongovernmental agency or association established to detect and
  19-10  prevent fraudulent insurance acts or to regulate the business of
  19-11  insurance, or an employee of that association or <governmental>
  19-12  agency; <or>
  19-13              (3)  an insurer or an agent or an employee of an
  19-14  insurer; or
  19-15              (4)  an authorized governmental agency or the
  19-16  department.
  19-17        SECTION 14.  Section 6, Article 1.10D, Insurance Code, is
  19-18  amended by adding Subsection (e) to read as follows:
  19-19        (e)  In an action brought against a person for filing a
  19-20  report or furnishing other information concerning a fraudulent
  19-21  insurance act, the party bringing the action must specifically
  19-22  plead any allegation that Subsection (a) of this section is
  19-23  inapplicable because the person that filed the report or furnished
  19-24  the information acted with malice, fraudulent intent, or bad faith.
  19-25        SECTION 15.  (a)  Article 21.24-2, Insurance Code, as added
  19-26  by this Act, applies only to amounts paid by an insurer for health
  19-27  care services rendered on or after the effective date of this Act.
   20-1  Amounts paid by the insurer for health care services rendered
   20-2  before the effective date of this Act are governed by the law in
   20-3  effect at the time the amounts were paid, and that law is continued
   20-4  in effect for that purpose.
   20-5        (b)  Section 21.24-3, Insurance Code, as added by this Act,
   20-6  applies only to conduct that occurs on or after the effective date
   20-7  of this Act.  Conduct that occurs before the effective date of this
   20-8  Act is governed by the law as it existed immediately before the
   20-9  effective date of this Act, and that law is continued in effect for
  20-10  that purpose.
  20-11        (c)  Section 9, Article 21.58A, Insurance Code, as amended by
  20-12  this Act, applies only to a violation of Article 21.58A that occurs
  20-13  on or after the effective date of this Act.  A violation of Article
  20-14  21.58A, Insurance Code, that occurs before the effective date of
  20-15  this Act is governed by the law in effect at the time the violation
  20-16  occurs, and that law is continued in effect for that purpose.
  20-17        (d)  The State Board of Insurance may not adopt rules under
  20-18  Subsection (c), Section 11, Article 21.58A, Insurance Code, as
  20-19  added by this Act, until the board has reported to the 73rd
  20-20  Legislature the findings and recommendations of the study conducted
  20-21  by the board in accordance with Subsection (b), Section 11.03,
  20-22  Chapter 242, Acts of the 72nd Legislature, Regular Session, 1991.
  20-23        (e)  Chapter 180, Health and Safety Code, as added by this
  20-24  Act, applies only to a mental health benefits claim received by an
  20-25  insurer on or after the effective date of this Act.  A mental
  20-26  health benefits claim received before the effective date of this
  20-27  Act is governed by the law in effect at the time the claim was
   21-1  received, and that law is continued in effect for that purpose.
   21-2        (f)  Article 21.58D, Insurance Code, as added by this Act,
   21-3  applies only to a health benefits claim received by an insurer on
   21-4  or after the effective date of this Act.  A health benefits claim
   21-5  received before the effective date of this Act is governed by the
   21-6  law in effect at the time the claim was received, and that law is
   21-7  continued in effect for that purpose.
   21-8        (g)  Article 21.79, Insurance Code, as added by this Act,
   21-9  applies only to a cause of action that accrues on or after the
  21-10  effective date of this Act.  An action that accrued before the
  21-11  effective date of this Act is governed by the law in effect at the
  21-12  time the action accrued, and the former law is continued in effect
  21-13  for that purpose.
  21-14        (h)  Article 21.79A-1, Insurance Code, as added by this Act,
  21-15  applies to a conviction for fraud on an insurer in another state
  21-16  that occurred before, on, or after the effective date of this Act.
  21-17        (i)  Subsection (e), Section 6, Article 1.10D, Insurance
  21-18  Code, as added by this Act, applies only to a pleading filed on or
  21-19  after the effective date of this Act.  A pleading filed before the
  21-20  effective date of this Act is governed by the law in effect at the
  21-21  time the pleading was filed, and that law is continued in effect
  21-22  for that purpose.
  21-23        SECTION 16.  This Act takes effect September 1, 1993.
  21-24        SECTION 17.  The importance of this legislation and the
  21-25  crowded condition of the calendars in both houses create an
  21-26  emergency and an imperative public necessity that the
  21-27  constitutional rule requiring bills to be read on three several
   22-1  days in each house be suspended, and this rule is hereby suspended.