BILL ANALYSIS
S.B. 1361
By: Shapiro
Economic Development
04-27-95
Committee Report (Unamended)
BACKGROUND
The Department of Insurance has received numerous complaints from
citizens that carriers or managed care plans have refused to
reimburse emergency care providers for services which the patient
believed to be a medical emergency. Hospitals and emergency
physicians report frequent refusals to reimburse for emergency
services which would appear to reasonable persons to constitute an
emergency medical condition. Such refusals are frequently made on
the grounds that the patient had sufficient time to present himself
or herself to the emergency hospital with which the managed care
plan had a contract or that, following the emergency physician's
screening examination or treatment, the physician's diagnosis
indicated no emergency medical condition existed.
PURPOSE
As proposed, S.B. 1361 redefines the terms "emergency medical
care," "emergency care," and "emergency services."
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Article 3.70-2(I), Insurance Code, as follows:
(I)(1) Requires an individual or group policy of accident and
sickness insurance that provides any emergency care benefit
including policies issued by companies subject to Chapter 20,
Insurance Code, delivered or issued for delivery in this state
to define "emergency care" as emergency services provided
after the recent onset of a medical condition manifesting
itself by acute symptoms of sufficient severity, such that the
absence of immediate medical attention could reasonably be
expected by a prudent layperson to result in placing the
health of the individual (or, with respect to a pregnant
woman, the health of the woman or her unborn child) in serious
jeopardy; serious impairment to bodily functions; or serious
dysfunction of any bodily organ or part.
(2) Provides that "emergency care" also means emergency
services provided to a pregnant woman who is having
contractions and there is inadequate time to effect a safe
transfer to another hospital before delivery, or transfer
may pose a threat to the health or safety of the woman or
the unborn child.
SECTION 2. Amends Article 20A.02(t), Insurance Code, to make
conforming changes.
SECTION 3. Amends Section 311.021, Health and Safety Code, as
follows:
Sec. 311.021. (1)(A) Defines "emergency service" as services
that are usually and customarily available at a hospital and
must be provided after the recent onset of a medical condition
manifesting itself by acute symptoms of sufficient severity,
such that the absence of immediate medical attention could
reasonably be expected to result in placing the health of the
individual (or, with respect to a pregnant woman, the health
of the woman or her unborn child) in serious jeopardy; serious
impairment to bodily functions; or serious dysfunction of any
bodily organ or part.
(2) Provides that "emergency service" also means services
provided to a pregnant woman who is having contractions, and
there is inadequate time to effect a safe transfer to
another hospital before delivery, or transfer may pose a
threat to the health or safety of the woman or the unborn
child. Makes nonsubstantive and conforming changes.
SECTION 4. Amends Section 773.003(19), Health and Safety Code to
redefine "emergency medical care" to make conforming changes.
SECTION 5. Emergency clause.
Effective date: 90 days after adjournment.