BILL ANALYSIS
C.S.H.B. 369
By: Averitt (Patterson)
Economic Development
05-19-95
Senate Committee Report (Substituted)
BACKGROUND
The 73rd Legislature passed H.B. 2055, creating the Small Employer
Health Insurance Availability Act in Chapter 26 of the Insurance
Code with the intention of providing health insurance for small
employers of Texas. Purchasing coops were created to allow small
businesses to band together to purchase coverage with the benefit
of large volume discounts similar to those enjoyed by larger
employers. Some people have argued that the requirements of H.B.
2055 prevent many small employers from providing coverage for their
employees.
PURPOSE
As proposed, H.B. 369 amends regulation of small employer benefit
plans, small employer carriers, and health maintenance
organizations to increase the availability of the health plans to
small employers.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is granted
to the commissioner of insurance under SECTION 9 (Article 26.44A,
Subsections (a) and (c), Insurance Code) and SECTION 14 (Article
26.75, Insurance Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Article 26.02, Insurance Code, by amending
Subdivisions (8), (12), and (23) and by adding Subdivision (25), to
redefine "eligible employee," "late enrollee," and "small employer
health benefit plan." Defines "point-of-service contract."
SECTION 2. Amends Article 26.06(b), Insurance Code, to provide that
this chapter does not apply to an individual health insurance
policy that is subject to individual underwriting, even if the
premiums are remitted through a payroll deduction method.
SECTION 3. Amends Article 26.14, Insurance Code, as follows:
Art. 26.14. PRIVATE PURCHASING COOPERATIVE. (a) Makes no
changes.
(b) Requires the private purchasing cooperative
(cooperative), on receipt of a certificate of incorporation
or certificate of authority from the secretary of state, to
file written notification of receipt of the certificate and
a copy of the cooperative's organizational documents with
the commissioner.
(c) Redesignates existing Subsection (b).
(d) Sets forth actions for which a cooperative or a member
of the board of directors, the executive director, or an
employee or agent of a cooperative is not liable.
SECTION 4. Amends Article 26.21, Insurance Code, as follows:
Art. 26.21. SMALL EMPLOYER HEALTH BENEFIT PLANS; EMPLOYER
ELECTION. (a) Makes a nonsubstantive change.
(b) Provides that this article does not impose a statutory
mandate of an employer contribution to the premium paid to
the small employer carrier. Authorizes the small employer
carrier to require an employer contribution in accordance
with the carrier's practices on all employer group health
insurance plans in this state. Requires the premium
contribution level to be applied uniformly to each small
employer offered or issued coverage by the small employer
carrier in this state. Authorizes the carrier, if two or
more small carriers participate in a cooperative established
under Article 26.14, to use the contribution requirement
established by the cooperative for policies marketed by the
cooperative. Provides that coverage is available under a
small employer health benefit plan if at least 75, rather
than 90, percent of a small employer's eligible employees
elect to be covered. Deletes language providing
circumstances in which coverage under a small employer
health benefit plan is not available to a small employer.
(c) Requires the collective enrollment of all plans, if a
small employer offers multiple health benefit plans, to be
at least 75 percent of the small employer's eligible
employees or, if applicable, the lower participation level
offered by the small employer carrier. Authorizes a small
carrier to elect not to offer health benefit plans to a
small employer who offers multiple health benefit plans if
the plans are to be provided by more than one carrier and
the small employer carrier would have less than 75 percent
of the small employer's eligible employees enrolled in the
small employer carrier's health benefit plan unless the
coverage is provided through a cooperative. Provides that
a small employer who elects to make contributions for
payment of the premium is not required to pay any amount
with respect to an employee who elects not to be covered.
(d) Authorizes a small employer carrier to offer small
employer health benefit plans to a small employer even if
less than 75 percent of the eligible employees of that
employer elect to be covered if the plans meet certain
criteria. Deletes language authorizing an eligible employee
to obtain coverage in addition to the coverage purchased by
the employer. Redesignates existing Subsection (c).
(e) Prohibits a small employer carrier from providing
coverage to a small employer or the employees of a small
employer if the health carrier or an agent for the health
carrier knows that the small employer has induced or
pressured an eligible employee or the employer's dependents
to decline coverage because of an individual's risk
characteristics.
(f) Authorizes a small employer carrier, an employer, or an
agent to not use the provisions of Subsection (d)(2) to
circumvent the requirements of this chapter.
(g) Prohibits a small employer carrier from establishing a
separate class or classes of businesses for small employers.
(h) Requires the initial enrollment period for the employees
and their dependents to be at least 31, rather than 30,
days, with a 31-day open enrollment period provided
annually. Redesignates existing Subsection (d).
(i) Redesignates existing Subsection (e).
(j) Makes a conforming change. Redesignates existing
Subsection (f).
(k) Authorizes a late enrollee to be excluded from coverage
until the next annual open enrollment period, rather than 18
months from the date of the application. Deletes language
regarding exclusion from coverage. Makes a nonsubstantive
change. Redesignates existing Subsection (g).
(l) and (m) Redesignate existing Subsections (h) and (i).
(n) Provides that any coverage of a newborn child of an
employee under this subsection terminates on the 32nd,
rather than 31st, day after the birth of the child unless
dependent children are eligible for coverage; and
notification of the birth and any required additional
premium are received by the small employer carrier by the
31st, rather than 30th, day after birth. Redesignates
existing Subsection (j).
(o) Redesignates existing Subsection (k).
SECTION 5. Amends Article 26.31, Insurance Code, by adding
Subsections (e) and (f), as follows:
(e) Prohibits a small employer carrier from establishing a
separate class of business based on participation
requirements.
(f) Prohibits a small employer carrier from establishing a
separate class of business based on whether the coverage
provided to a small employer group is provided on a guaranteed
issue basis or is subject to underwriting or proof of
insurability.
SECTION 6. Amends Article 26.38, Insurance Code, as follows:
Art. 26.38. HEALTH MAINTENANCE ORGANIZATION; APPROVED HEALTH
BENEFIT PLAN. (a) Created from existing text.
(b) Authorizes a health maintenance organization that
participates in a purchasing cooperative that provides
employees of small employers a choice of benefit plans, that
has established a separate class of business, and that has
established a separate line of business to use rating
methods in accordance with this subchapter that are used by
other small employer carriers participating in the same
cooperative, including rating by age and gender.
SECTION 7. Amends Article 26.42, Insurance Code, as follows:
Art. 26.42. SMALL EMPLOYER HEALTH BENEFIT PLANS. (a)
Requires a small employer carrier to offer two, rather than
three, health benefit plans as adopted by the commissioner,
including the catastrophic, instead of preventive and primary,
care benefit plan; and the basic coverage, rather than in-hospital, benefit plan; deletes the standard health benefit
plan.
(b) Authorizes a small employer carrier to offer to a small
employer additional benefit riders to either of the benefit
plans, rather than the standard health plans.
(c) Deletes existing Subsection (c) prohibiting a small
employer carrier from offering to a small employer benefit
riders to certain plans. Redesignates existing Subsection
(d).
SECTION 8. Amends Article 26.43(a), Insurance Code, to require the
commissioner of insurance (commissioner) to promulgate the benefits
section of the catastrophic care benefit plan and the basic
coverage benefit plan policy forms in accordance with Article
26.44A. Requires the commissioner to develop prototype policies
for each of the benefit plans. Requires a small employer to comply
with Article 20A.01 et seq., V.T.I.C. (Texas Health Maintenance
Organizations Act), among other acts, as it relates to approval of
an evidence of coverage. Prohibits a small employer carrier from
offering these benefit plans through a policy form or evidence
coverage that does not comply with this chapter, instead of this
article. Makes conforming changes.
SECTION 9. Amends Chapter 26E, Insurance Code, by adding Article
26.44A, as follows:
Article 26.44A. BENEFIT PLANS. (a) Requires the
commissioner, by rule, to establish the coverage requirements
for the catastrophic care benefit plan and the basic coverage
benefit plan. Requires the commissioner to develop the
prototype policies for use by small employer carriers that
include all contractual provisions required to produce an
entire contract.
(b) Requires coverage under the catastrophic care benefit
plan to be designed to provide necessary coverage in the
event of catastrophic illness or injury. Requires the
commissioner to establish deductibles and coinsurance
requirements at levels that permit options for the insured
to obtain affordable catastrophic coverage.
(c) Requires the commissioner, by rule, to establish
coverage requirements for the basic coverage benefit plan.
Requires coverage under the basic coverage benefit plan to
be designed to provide basic hospital, medical, and surgical
coverages. Provides that benefits under the plan are
limited to basic care requirements for illness or injury.
(d) Sets forth required benefit provisions of the benefit
plan policies.
SECTION 10. Amends Article 26.48, Insurance Code, as follows:
Art. 26.48. HEALTH MAINTENANCE ORGANIZATION PLANS. (a)
Authorizes a health maintenance organization to offer a state
approved benefit plan that complies with Title XIII, Public
Health Service Act, rather than Title XI; a plan developed by
the commissioner under Article 26.44A and additional benefit
riders to the plan; or a point-of-service contract in
connection with an insurance carrier that includes optional
coverage for out-of-area services, emergency care, or out-of-network care.
(b) Subjects a contract offered by an insurance carrier under
Subsection (a)(3) to all provisions of this chapter unless
specifically exempted. Provides that the insurance carrier
with which the health maintenance organization contracts for
a point-of-service contract is not required to otherwise make
available the benefit plans adopted under Subchapter E if the
insurance carrier's small employer products are limited to the
point-of-service contract.
SECTION 11. Amends Article 26.49, Insurance Code, as follows:
Art. 26.49. New heading: PREEXISTING CONDITION AND WAITING
PERIOD PROVISIONS. (a) Prohibits a preexisting condition
provision in a small employer health benefit plan from
applying to expenses incurred on or after the expiration of 12
months following, rather than the first anniversary of, the
initial effective date of coverage of the enrollee or late
enrollee.
(b) Deletes language prohibiting a preexisting condition
provision in a small employer health benefit plan from
applying coverage for a disease or condition other than a
disease or condition that would have caused an ordinary,
prudent person to seek medical advice, diagnosis, care, or
treatment during the six months before the effective date of
coverage.
(c) Prohibits a preexisting condition in a small employer
health benefit plan from applying to an individual who was
continuously covered for at least 12 months by a health
benefit plan that was in effect up to a date not more than
60 days before the effective date of coverage under the
small employer health benefit plan, excluding any waiting
period.
(d) Deletes existing Subsection (d) authorizing a
preexisting condition provision to exclude pregnancy
coverage. Redesignates existing Subsection (e).
(e) Authorizes a carrier that does not use a preexisting
condition provision in any of its health benefits plans to
impose an affiliation period. Defines "affiliation period."
(f) Provides that Subsection (e) does not preclude
application of any waiting period applicable to all new
enrollees under the health benefit plan. Prohibits any
carrier-imposed waiting period from exceeding 90 days.
Requires any carrier-imposed waiting period to be used in
lieu of a preexisting condition provision.
SECTION 12. Amends Article 26.54, Insurance Code, by adding
Subsection (e), to provide that there is no liability on the part
of, and no cause of action of any nature arises against, a member
of the board of directors of the Texas Health Reinsurance System
for action or omission performed in good faith in the performance
of powers and duties under this subchapter.
SECTION 13. Amends Article 26.71, Insurance Code, as follows:
Art. 26.71. FAIR MARKETING. (a) Requires each small
employer purchasing a small employer health benefit plan to be
given a summary of the benefit plans established by the
commissioner under Subchapter E. Requires the commissioner to
prescribe the format of the summary. Requires the agent to
offer and explain each of the plans to the small employer on
inquiry and request by the small employer. Deletes language
requiring a small employer to confirm that an agent explained
all three plans to that employer.
(b) Deletes existing Subsection (b) authorizing the
department to require small employer carriers and agents to
demonstrate that they are marketing small employer health
benefit plans in fulfillment of the purposes of this
article. Redesignates existing Subsection (c).
SECTION 14. Amends Article 26.75, Insurance Code, to authorize
the commissioner, rather than the State Board of Insurance, to
adopt rules to prescribe additional standards for the marketing and
broad availability of small employer benefit health plans to small
employers.
SECTION 15. Amends Section 1(d)(3)(A)(i), Article 3.51-6,
Insurance Code, to make a nonsubstantive change.
SECTION 16. Repealer: Articles 26.45, 26.46, 26.47, and 26.47A,
Insurance Code (Preventive and Primary Care Benefit Plan-In-Hospital Benefit Plan-Standard Health Benefit Plan-Alcohol and
Substance Abuse Benefits), effective June 1, 1996.
SECTION 17. Requires the commissioner to develop and adopt rules
establishing small employer health benefit plans under Chapter 26E,
Insurance Code, as amended by this Act, by January 1, 1996.
SECTION 18. (a) Requires each small employer health benefit
plan, including prototype plans developed by the commissioner, to
be offered, delivered, or issued for delivery to small employers
beginning June 1, 1996.
(b)-(d) Make application of this Act prospective.
SECTION 19. Effective date: September 1, 1995.
SECTION 20. Emergency clause.