By Berlanga, et al.                                   H.B. No. 1520
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to health care, including powers and duties of the center
    1-3  for rural health initiatives, continuing medical education, the
    1-4  delegation of prescription drug orders, services and patient
    1-5  protection in the Medicaid program, standards for utilization
    1-6  review, medically under served areas, health facilities and
    1-7  services for the elderly and disabled.
    1-8        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-9        SECTION 1.  The Act may be cited as the Omnibus Rural Health
   1-10  Services Enhancement and Patient Protection Act.
   1-11        SECTION 2.  Title 2, Chapter 106, Subchapter B,
   1-12  Sec. 106.025(a), Health and Safety Code, is amended to read as
   1-13  follows:
   1-14        Sec. 106.025.  Duties and Powers.
   1-15        (a)  The center shall:
   1-16              (1)  educate the public and recommend appropriate
   1-17  public policies regarding the continued viability of rural health
   1-18  care delivery in this state;
   1-19              (2)  monitor and work with state and federal agencies
   1-20  to assess the impact of proposed rules on rural areas;
   1-21              (3)  provide impact statements of proposed rules as
   1-22  considered appropriate by the center;
   1-23              (4)  streamline regulations to assist in the
    2-1  development of service diversification of health care facilities;
    2-2              (5)  target state and federal programs to rural areas;
    2-3              (6)  promote and develop community involvement and
    2-4  community support in maintaining, rebuilding, or diversifying local
    2-5  health services;
    2-6              (7)  promote and develop diverse and innovative health
    2-7  care service models in rural areas;
    2-8              (8)  encourage the use of advanced communication
    2-9  technology<;>:
   2-10                    (A)  to ensure that rural areas receive the
   2-11  maximum benefits of telemedicine and distance learning by promoting
   2-12  a transmission rate structure which accommodates rural needs and by
   2-13  improving the telecommunications infrastructure in rural areas; and
   2-14              (B)  to provide access to specialty expertise, clinical
   2-15  consultation, and continuing education;
   2-16              (9)  assist rural health care providers, communities,
   2-17  and individuals in applying for public and private grants and
   2-18  programs;
   2-19              (10)  encourage the development of regional emergency
   2-20  transportation networks;
   2-21              (11)  work with state agencies, universities, and
   2-22  private interest groups to conduct and promote research on rural
   2-23  health issues, maintain and collect a timely data case, and develop
   2-24  and maintain a rural health resource library;
   2-25              (12)  solicit the assistance of other offices or
    3-1  programs of rural health in this state that are university-based to
    3-2  carry out the duties of this chapter;
    3-3              (13)  disseminate information and provide technical
    3-4  assistance to communities, health care providers, and individual
    3-5  consumers of health care services; and
    3-6              (14)  develop plans to implement a fee-for-service
    3-7  health care professional recruitment service and a medical supplies
    3-8  group purchasing program within the center.
    3-9              (15)(A)  develop and initiate a study of rural health
   3-10  clinics to:
   3-11                          (i)  determine the efficiency and
   3-12  effectiveness of rural health clinics;
   3-13                          (ii)  assess the impact on access to health
   3-14  care;
   3-15                          (iii)  identify and address efficiency
   3-16  barriers for the professional clinical relationship of physicians,
   3-17  nurses, and physician assistants;
   3-18                          (iv)  assess the success of attracting
   3-19  primary care physicians and allied health professionals to rural
   3-20  areas; and
   3-21                          (v)  assess the appropriateness of the
   3-22  current clinic designation process; and
   3-23                    (B)  develop and initiate a quality assessment
   3-24  program to evaluate the health outcomes of rural patients treated
   3-25  in rural health clinics and;
    4-1              (16)  encourage the active participation by physicians
    4-2  and other health care providers in the Early Periodic Diagnosis and
    4-3  Treatment Program.
    4-4        (b)  The center may:
    4-5              (1)  solicit, receive, and spend grants, gifts, and
    4-6  donations from public and private sources; and
    4-7              (2)  contract with public and private entities in the
    4-8  performance of its responsibilities.
    4-9        SECTION 3.  Title 2, Chapter 105, Health and Safety Code, is
   4-10  amended by adding a new section 105.005 and renumbering subsequent
   4-11  sections accordingly.  The new subsection 105.005 reads as follows:
   4-12        105.005(a)  The health professions resource center shall
   4-13  develop and establish a clearinghouse for health professionals
   4-14  seeking collaborative practice in rural or medically under served
   4-15  areas.
   4-16        (b)  The health professions resource center may:
   4-17              (1)  set and collect a reasonable fee to offset the
   4-18  cost of complying with the requirements of this section;
   4-19              (2)  solicit, receive, and spend grants, gifts, and
   4-20  donations from public and private sources, to comply with the
   4-21  requirements of this section; and
   4-22              (3)  contract with public or private entities in the
   4-23  performance of its responsibilities under this section.
   4-24        SECTION 4.  Title 8, Chapter 671, Subchapter A, Sections
   4-25  671.001 and 671.002, Health & Safety Code are amended to read as
    5-1  follows:
    5-2        Sec. 671.001.  Standard Used in Determining Death.
    5-3        (a)  A person is dead when, according to ordinary standards
    5-4  of medical practice, there is irreversible cessation of the
    5-5  person's spontaneous respiratory and circulatory functions.
    5-6        (b)  If artificial means of support preclude a determination
    5-7  that a person's spontaneous respiratory and circulatory functions
    5-8  have ceased, the person is dead when, in the announced opinion of a
    5-9  physician, according to ordinary standards of medical practice,
   5-10  there is irreversible cessation of all spontaneous brain function.
   5-11  Death occurs when the relevant functions cease.
   5-12        (c)  Death must be pronounced before artificial means of
   5-13  supporting a person's respiratory and circulatory functions are
   5-14  terminated.
   5-15        (d)  A registered nurse or physicians assistant may determine
   5-16  and pronounce a person dead in situations other than those
   5-17  described by Subsection (b) if permitted by written policies of a
   5-18  licensed health care facility, institution, or entity providing
   5-19  services to that person.  If the facility, institution, or entity
   5-20  has an organized nursing staff or medical consultant, the nursing
   5-21  staff and medical staff or consultant shall jointly develop and
   5-22  approve those policies.  For purposes of this section, such
   5-23  policies shall take into account physician assistants who are
   5-24  credentialed or otherwise permitted to practice at the facility,
   5-25  institution or entity.  The board shall adopt rules to govern
    6-1  policies for facilities, institutions, or entities that do not have
    6-2  organized nursing staffs and organized medical staffs or medical
    6-3  consultants.
    6-4        Sec. 671.002.  Limitation of Liability.
    6-5        (a)  A physician who determines death in accordance with Sec.
    6-6  671.001(b) <or>, a registered nurse, or a physician assistant, is
    6-7  not liable for civil damages or subject to criminal prosecution for
    6-8  the physician's <or>, registered nurse's, or physician assistant's
    6-9  actions or the actions of others based on the determination of
   6-10  death.
   6-11        (b)  A person who acts in good faith in reliance on a
   6-12  physician's <or>, registered nurse's, or physician assistant's
   6-13  determination of death is not liable for civil damages or subject
   6-14  to criminal prosecution for the person's actions.
   6-15        SECTION 5.  Section 3.06(d)(5), Medical Practice Act, Article
   6-16  4495b is amended to read as follows:
   6-17              (5)(A)  At a site serving a medically under served
   6-18  population, a physician licensed by the board shall be authorized
   6-19  to delegate to a registered nurse or physician assistant acting
   6-20  under adequate physician supervision, the act or acts of
   6-21  administering, providing, carrying out or signing a prescription
   6-22  drug order as authorized by the physician through physician's
   6-23  orders, standing medical orders, standing delegation orders, or
   6-24  other orders or protocols as defined by the board.
   6-25                    (B)(i)  The carrying out or signing of
    7-1  prescription drug orders under this subsection shall comply with
    7-2  other applicable laws.
    7-3                          (ii)  The authority of a physician to
    7-4  delegate the carrying out or signing of prescription drug orders is
    7-5  limited to dangerous drugs and is limited to the practice locations
    7-6  designated by the physician in physician's orders, standing medical
    7-7  orders, standing delegation orders or other orders or protocols
    7-8  approved by the board.
    7-9                    (C)  Physician supervision shall be adequate if a
   7-10  delegating physician:
   7-11                          (i)  is responsible for the formulation or
   7-12  approval of such physician's orders, standing medical orders,
   7-13  standing delegation orders, or other orders or protocols and
   7-14  periodically reviews such orders and the services provided patients
   7-15  under such orders;
   7-16                          (ii)  is on site at least once a week to
   7-17  provide medical direction and consultation;
   7-18                          (iii)  receives a daily status report from
   7-19  the registered nurse or physician assistant on any problems or
   7-20  complication encountered; and
   7-21                          (iv)  is available through direct
   7-22  telecommunication for consultation, assistance with medical
   7-23  emergencies, or patient referral.
   7-24                    (D)  In this subsection:
   7-25                          (i)  "Registered nurse" means a registered
    8-1  nurse recognized by the Board of Nurse Examiners as having the
    8-2  specialized education and training required under Section 7,
    8-3  Article 4514, Revised Statutes.
    8-4                          (ii)  "Physician assistant" has the meaning
    8-5  assigned to that term by Section 2(3), Physician Assistant
    8-6  Licensing Act, and its subsequent amendments.
    8-7                          (iii)  "Carrying out or signing a
    8-8  prescription drug order" means either to complete a prescription
    8-9  drug order pre-signed by the delegating physician or the signing of
   8-10  a prescription by a registered nurse or physician assistant after
   8-11  such person has been designated with the board by the delegating
   8-12  physician as a person delegated to sign a prescription.  The
   8-13  following information shall be provided on each prescription <by
   8-14  providing the following information>: the patient's name and
   8-15  address; the drug to be dispensed; directions to the patient in
   8-16  regard to the taking and dosage; the name, address, and telephone
   8-17  number of the physician; the name, address, telephone and
   8-18  identification number of the registered nurse or physician
   8-19  assistant completing or signing the prescription drug order; the
   8-20  date; and the number of refills permitted.  The board may adopt
   8-21  additional methods to carry into effect or put into force a
   8-22  physician's prescription or delegation of a prescription under
   8-23  physician's orders, standing medical orders, standing delegation
   8-24  orders, or other orders or protocols.
   8-25                          (iv)  "A site serving a medically under
    9-1  served population" means:
    9-2                                (a)  a site located in a medically
    9-3  under served area;
    9-4                                (b)  a site located in a health
    9-5  manpower shortage area;
    9-6                                (c)  a clinic designated as a rural
    9-7  health clinic under the Rural Health Clinic Services Act of 1977
    9-8  (Pub. L. No. 95-210);
    9-9                                (d)  a public health clinic or a
   9-10  family planning clinic under contract with the Texas Department of
   9-11  Human Services or the Texas Department of Health;
   9-12                                (e)  a site located in an area in
   9-13  which the Texas Department of Health determines there exists an
   9-14  insufficient number of physicians providing services to eligible
   9-15  clinics of federal, state, or locally funded health care programs;
   9-16  or
   9-17                                (f)  a site that the Texas Department
   9-18  of Health determines serves a disproportionate number of clients
   9-19  eligible to participate in federal, state, or locally funded health
   9-20  care programs.
   9-21                          (v)  "Health manpower shortage area" means
   9-22  (1) an area in an urban or rural area of Texas (which need not
   9-23  conform to the geographic boundaries of a political subdivision and
   9-24  which is a rational area for the delivery of health services) which
   9-25  the secretary of health and human services determines has a health
   10-1  manpower shortage and which is not reasonably accessible to an
   10-2  adequately served area; (2) a population group which the secretary
   10-3  determines to have such a shortage; or (3) a public or nonprofit
   10-4  private medical facility or other facility which the secretary
   10-5  determines has such a shortage as delineated in 42 U.S.C. Section
   10-6  254(e)(a)(1).
   10-7                          (vi)  "Medically under served area" means
   10-8  an area in Texas with a medically under served population or an
   10-9  urban or rural area designated by the secretary of health and human
  10-10  services as an area in Texas with a shortage or personal health
  10-11  services or a population group designated by the secretary as
  10-12  having a shortage of such services (as defined in 42 U.S.C. Section
  10-13  300(3)-1(7)<.> or as defined by the Texas Department of Health by
  10-14  rule which is based upon Texas specific demographics, geographic
  10-15  factors that affect access to health care and environmental health
  10-16  factors.
  10-17                    (E)  After making a determination under <either>
  10-18  Subdivisions (D)(iv)(e), <or> (D)(iv)(f), or (D)(vi) that a site
  10-19  serves a medically under served population, the Texas Department of
  10-20  Health shall publish notice of its determination in the Texas
  10-21  Register and provide an opportunity for public comment in the same
  10-22  manner as for a proposed rule under the Government Code, Sec.
  10-23  2001.001, et seq.  <Administrative Procedure and Texas Register Act
  10-24  (Article 6252-13a, Vernon's Texas Civil Statutes).>
  10-25                    (F)  The authority granted to a physician to
   11-1  delegate under this subdivision shall not be construed as limiting
   11-2  the authority of a physician to delegate under any other
   11-3  subdivision of this subsection.
   11-4                    (G)  An advertisement for a site serving a
   11-5  medically under served population shall include the name and
   11-6  business address of the supervising physician for the site.
   11-7        SECTION 6.  Section 3.06(d)(6), Medical Practice Act, Article
   11-8  4495b is amended to read as follows:
   11-9              (6)(A)  At a physician's primary practice site, a
  11-10  physician licensed by the board shall be authorized to delegate to
  11-11  a physician assistant acting under adequate supervision the act or
  11-12  acts of administering, providing, carrying out or signing a
  11-13  prescription drug order for dangerous drugs as authorized through
  11-14  physician's orders, standing medical orders, standing delegation
  11-15  orders, or other orders or protocols as defined by the board.
  11-16                    (B)  Supervision by a physician shall be
  11-17  continuous, but shall not be construed as necessarily requiring the
  11-18  constant physical presence of the supervising physician at a place
  11-19  where physician assistant services are performed while the services
  11-20  are performed.
  11-21                    (C)  The carrying out or signing of prescription
  11-22  drug orders under this subsection shall comply with other
  11-23  applicable laws.
  11-24                    (D)  A physician's authority to delegate under
  11-25  this subsection is limited to:
   12-1                          (i)  two physician assistants or their full
   12-2  time equivalents;
   12-3                          (ii)  the patients with whom the physician
   12-4  has established or will establish a physician/patient relationship;
   12-5  and,
   12-6                          (iii)  physician assistants who are
   12-7  maintained and located with the physician at his primary practice
   12-8  site.
   12-9                    (E)  In this subsection:
  12-10                          (i)  "physician assistant" has the meaning
  12-11  assigned to that term by Section 2(3), Physician Assistant
  12-12  Licensing Act, and is subsequent amendments;
  12-13                          (ii)  "primary practice site" means:
  12-14                                (a)  the practice location where the
  12-15  physician spends the majority of his time and which is so
  12-16  designated by the physician;
  12-17                                (b)  a licensed hospital or nursing
  12-18  home where both the physician and the physician assistant are
  12-19  credentialed to practice; or
  12-20                                (c)  where the physician is
  12-21  physically present with the physician assistant.
  12-22                    (F)  "Carrying out or signing a prescription drug
  12-23  order" means either to complete a prescription drug order
  12-24  pre-signed by a delegating physician or the signing of a
  12-25  prescription by a physician assistant after such person has been
   13-1  designated with the board by the delegating physician as a person
   13-2  delegated to sign a prescription.  The following information shall
   13-3  be provided on each prescription:  the patient's name and address;
   13-4  the drug to be dispensed; directions to the patient in regard to
   13-5  the taking and dosage; the name, address, and telephone number of
   13-6  the physician; the name, address, telephone and identification
   13-7  number of the physician assistant completing or signing the
   13-8  prescription drug order; the date; and the number of refills
   13-9  permitted.  The board may adopt additional methods to carry into
  13-10  effect or put into force a physician's prescription or delegation
  13-11  of a prescription under physician's orders, standing medical
  13-12  orders, standing delegation orders, or other orders or protocols.
  13-13        SECTION 7.  Title 2.  Subtitle C.  Chapter 32, Human
  13-14  Resources Code, is amended by adding a new Subchapter C to read as
  13-15  follows:
  13-16        Sec. 32.051.  This Subchapter may be cited as the Medical
  13-17  Assistance Patient Protection Act.
  13-18        Sec. 32.052.  Definitions.
  13-19        (a)  "Department" means the Department of Human Services.
  13-20        (b)  "Qualified managed care plan" means a managed care plan
  13-21  that the Commissioner certifies, upon application to the program,
  13-22  as meeting the requirements of this section.
  13-23        (c)  "Utilization review law" means Article 21.58A, Insurance
  13-24  Code.
  13-25        (d)  "Managed care plan" means a plan operated by a managed
   14-1  care entity that provides for the financing and delivery of health
   14-2  care services to persons enrolled in such plan through:
   14-3              (1)  arrangements with selected providers to furnish
   14-4  health care services;
   14-5              (2)  explicit standards for the selection of
   14-6  participating providers;
   14-7              (3)  organizational arrangements for ongoing quality
   14-8  assurance, utilization review programs, and dispute resolution; and
   14-9              (4)  financial incentives for persons enrolled in the
  14-10  plan to use the participating providers and procedures provided for
  14-11  by the plan.
  14-12        (e)  "Managed care entity" means a licensed insurance
  14-13  company, hospital or medical service plan, health maintenance
  14-14  organization, an employer or employee organization, or a managed
  14-15  care contractor that operated a managed care plan.
  14-16        (f)  "Managed care contractor" means a person that:
  14-17              (1)  establishes, operates or maintains a network of
  14-18  participating providers;
  14-19              (2)  conducts or arranges for utilization review
  14-20  activities; and
  14-21              (3)  contracts with an insurance company, a hospital or
  14-22  medical service plan, an employer, an employee organization, or any
  14-23  other entity providing coverage for health care services to operate
  14-24  a managed care plan.
  14-25        (g)  "Participating provider" means a physician, physician
   15-1  assistant, hospital, pharmacy, laboratory, or other appropriately
   15-2  state licensed, registered, certified or otherwise state recognized
   15-3  provider of health care services or supplies, that has entered into
   15-4  an agreement with a managed care entity to provide such services or
   15-5  supplies to a patient enrolled in a managed care plan.
   15-6        Sec. 32.053.  Protection of Consumer Choice.  Nothing in this
   15-7  Act shall be construed as prohibiting the following:
   15-8              (1)  An individual from purchasing any health care
   15-9  services with that individual's own funds, whether such services
  15-10  are covered within the individual's standard benefit package or
  15-11  from another health care provider or plan.
  15-12              (2)  Employers from providing coverage for benefits in
  15-13  addition to the comprehensive benefit package.
  15-14        Sec. 32.054.  Certification of Managed Care Plans.
  15-15        (a)(1)  All managed care plans offering or providing services
  15-16  under Chapter 32 of this Code must be certified under the
  15-17  provisions of this Subchapter.
  15-18              (2)  The Department shall establish a process for
  15-19  certification of managed care plans meeting the requirements of
  15-20  subsection (b).
  15-21              (3)  The Department shall establish procedures for the
  15-22  periodic review and recertification of qualified managed care
  15-23  plans.
  15-24              (4)  The Department shall terminate the certification
  15-25  of a previously qualified managed care plan if the Department
   16-1  determines that such plan or program no longer meets the applicable
   16-2  requirements for certification.  Before effecting a termination,
   16-3  the Department shall provide the plan notice and opportunity for a
   16-4  hearing on the proposed termination.
   16-5                    (A)  An eligible organization, as defined in
   16-6  section 1876(b) of the Social Security Act, shall be deemed to meet
   16-7  the requirements of subsection (b) for certification as a qualified
   16-8  managed care plan.
   16-9                    (B)  If the Department finds that a national
  16-10  accreditation body establishes a requirement or requirements for
  16-11  accreditation of a managed care plan that are at least equivalent
  16-12  to the requirement(s) established under subsection (b), the
  16-13  Department may, to the extent appropriate, treat a managed care
  16-14  plan thus accredited as meeting the requirement(s) of subsection
  16-15  (b).
  16-16        (b)(1)  The Department shall establish standards for the
  16-17  certification of qualified managed care plans that conduct business
  16-18  in this state, including standards whereby:
  16-19                    (A)  Prospective enrollees in a plan must be
  16-20  provided information as to the terms and conditions of the plan so
  16-21  that they can make informed decisions about accepting a certain
  16-22  system of health care delivery.  Where the plan is described orally
  16-23  to enrollees, easily understood, truthful, and objective terms must
  16-24  be used.  All written plan descriptions must be in a readable and
  16-25  understandable format, consistent with standards developed for
   17-1  supplemental insurance coverage under Title XVII of the Social
   17-2  Security Act.  This format must be standardized so that customers
   17-3  can compare the attributes of the plans.  Specific items that must
   17-4  be included are:
   17-5                          (i)  coverage provisions, benefits, and any
   17-6  exclusions by category of service, provider or physician, and if
   17-7  applicable, by specific service;
   17-8                          (ii)  any and all prior authorization or
   17-9  other review requirements including preauthorization review,
  17-10  concurrent review, post-service review, post payment review and any
  17-11  procedures that may lead the patient to be denied coverage for or
  17-12  not be provided a particular service;
  17-13                          (iii)  financial arrangements or
  17-14  contractual provisions with hospitals, review companies,
  17-15  physicians, dentists, or any other provider of health care services
  17-16  that would limit the services offered, restrict referral or
  17-17  treatment options, or negatively affect the physician's or
  17-18  dentist's fiduciary responsibility to his or her patients,
  17-19  including but not limited to financial incentives not to provide
  17-20  medical, dental, or other services;
  17-21                          (iv)  explanation of how plan limitations
  17-22  impact enrollees, including information on enrolled financial
  17-23  responsibility for payment for coinsurance or other non-covered or
  17-24  out-of-plan services;
  17-25                          (v)  explanation of the physician or, as
   18-1  appropriate, dentist network configuration that provides for
   18-2  patient access to physicians and dentists including geographic
   18-3  distribution of physicians and dentists by specialty and the
   18-4  physician and, as appropriate, dentist to enrollee ratio by
   18-5  specialty;
   18-6                          (vi)  loss ratios; and
   18-7                          (vii)  enrolled satisfaction statistics
   18-8  (including percent re-enrollment and reasons for leaving plan).
   18-9                    (B)  The plan must demonstrate that covered
  18-10  enrollees have reasonably prompt access through the entity's
  18-11  provider network to all items and services contained in the package
  18-12  of benefits for which coverage is provided (including access to
  18-13  emergency services on a 24-hour basis where medically necessary),
  18-14  in a manner that assures the continuity of the provision of such
  18-15  items and services.  Such access shall take into account the
  18-16  diverse needs of enrollees, including special language
  18-17  requirements, and proximity to the workplaces or residences of
  18-18  enrollees.
  18-19                    (C)  For the purposes of this section, plans must
  18-20  accept as providers under its plan all physicians and, as
  18-21  appropriate, dentists who are historical Medicaid providers and who
  18-22  agree to the terms and conditions of the plan for a minimum period
  18-23  of three years from the effective date of this section.  For the
  18-24  purposes of this subsection, historical Medicaid provider means a
  18-25  physician or, as appropriate, dentist who was a Medicaid provider
   19-1  for one year or more on the effective date of this section.  A plan
   19-2  is not required to comply with this subsection if the exclusion of
   19-3  a historical Medicaid provider is based on demonstrated quality of
   19-4  care grounds and the plan also complies with the requirements of
   19-5  subdivision (G)(vii).  However, nothing in this subsection is to be
   19-6  construed as prohibiting a plan from removing an historical
   19-7  Medicaid provider from the plan for failing to comply with the
   19-8  terms and conditions of the plan.
   19-9                    (D)  In its establishment of criteria for
  19-10  hospital participation, a plan shall be required to accept hospital
  19-11  licensure by the Texas Department of Health, certification by the
  19-12  Medicare program, (Title XVII of the Social Security Act (42 U.S.C.
  19-13  1395, et seq)) or accreditation by the Joint Commission on
  19-14  Accreditation of Healthcare Organizations.
  19-15                    (E)  Plans must meet financial reserve
  19-16  requirements that are established to assure proper payment for
  19-17  covered services provided.  An indemnity fund should be established
  19-18  to provide for plan failures even when a plan has met the reserve
  19-19  requirements.
  19-20                    (F)  All plans shall be required to establish a
  19-21  mechanism, with defined rights, under which physicians and dentists
  19-22  participating in the plan provide meaningful input into the plan's
  19-23  medical or, as appropriate, dental policy, (including coverage of
  19-24  new technology and procedures), utilization review criteria and
  19-25  procedures, quality and credentialing criteria, and medical or
   20-1  dental management procedures.
   20-2                    (G)  All plans shall be required to credential
   20-3  physicians and dentists within the plan, and will allow all
   20-4  physicians and dentists within the plan's geographic service area
   20-5  to apply for such credentials.  At least once per year, plans shall
   20-6  notify physicians and dentists of the opportunity to apply for
   20-7  credentials.
   20-8                          (i)  Such a credentialing process shall
   20-9  begin upon application of a physician or dentist to the plan for
  20-10  inclusion.
  20-11                          (ii)  Each application shall be reviewed by
  20-12  a credentialing committee with appropriate representation of the
  20-13  applicant's medical or, as appropriate, dental specialty.
  20-14                          (iii)  Credentialing shall be based on
  20-15  objective standards of quality with input from physicians or, as
  20-16  appropriate, dentists credentialed in the plan and such standards
  20-17  shall be available to applicants and enrollees.   When economic
  20-18  considerations are part of the decision, objective criteria must be
  20-19  used and must be available to applicants, participating physicians,
  20-20  dentists, and enrollees.  Any economic profiling of physicians or
  20-21  dentists must be adjusted to recognize case mix, disease,
  20-22  physiologic and behavioral severity of the disease, including
  20-23  comorbidities, age and sex risk adjustment of patients and other
  20-24  features of a physician's or dentist's practice that may account
  20-25  for higher than or lower than expected costs to assure fair
   21-1  comparisons are made.  Profiles must be made available to those so
   21-2  profiled.  When graduate medical education is a consideration in
   21-3  credentialing, equal recognition will be given to training programs
   21-4  accredited by the Accrediting Council on Graduate Medical Education
   21-5  and by the American Osteopathic Association.
   21-6                          (iv)  Plans shall be prohibited from
   21-7  discriminating against enrollees with expensive medical conditions
   21-8  requiring expensive tests and procedures to adequately diagnose and
   21-9  treat enrollees by excluding practitioners who treat such
  21-10  enrollees.
  21-11                          (v)  All decisions shall be made on the
  21-12  record, and the applicant shall be provided with all reasons used
  21-13  if the application is denied or the contract not reviewed.
  21-14                          (vi)  Plans shall not be allowed to include
  21-15  clauses in physician, dentist, or other provider contracts that
  21-16  allow for the plan to terminate the contract "without cause."
  21-17                          (vii)  There shall be a due process appeal
  21-18  from all adverse decisions.  The Department shall establish a due
  21-19  process appeal mechanism.  The appeals process will be presumed to
  21-20  be reasonable if it complies with the appeals process set forth in
  21-21  the Health Care Quality Improvement Act of 1986, 42 U.S.C. Section
  21-22  11101-11151.
  21-23                          (viii)  The same standards and procedures
  21-24  used for an application for credentials shall also be used in those
  21-25  cases where the plan seeks to reduce or withdraw such credentials.
   22-1  Prior to initiation of a proceeding leading to termination of a
   22-2  contract "for cause," the physician or, as appropriate, dentist
   22-3  shall be provided notice, an opportunity for discussion, and an
   22-4  opportunity to enter into and complete a corrective action plan,
   22-5  except in cases where there is imminent harm to patient health or
   22-6  an action by a state medical or, as appropriate, dental board or
   22-7  other government agency that effectively impairs the physician's or
   22-8  dentist's ability to practice medicine within the jurisdiction.
   22-9                    (H)  Procedures shall be established to ensure
  22-10  that all applicable Federal and State laws designed to protect the
  22-11  confidentiality of provider and individual medical and dental
  22-12  records are followed.
  22-13                    (I)  Plans must ensure that each enrollee is able
  22-14  to choose a primary care physician and, as appropriate, dentist
  22-15  from among participating physicians and dentists and change that
  22-16  selection as appropriate.
  22-17                    (J)  Plans must:
  22-18                          (i)  cover medically necessary emergency
  22-19  care services provided to covered individuals (including trauma
  22-20  services, such as those provided by designated trauma centers),
  22-21  without regard to whether or not the provider furnishing such
  22-22  services has a contractual (or other) arrangement with the entity
  22-23  to provide items or services to covered individuals and, in the
  22-24  case of services furnished for the treatment of an emergency
  22-25  medical condition (as defined in section 1867(e)(1) of the Social
   23-1  Security Act), without regard to prior authorizations; and
   23-2                          (ii)  provide that the prior authorization
   23-3  requirement for medically necessary services or stabilizing
   23-4  treatment in the emergency room shall be deemed to be approved
   23-5  unless denied within 2 hours of a required request.
   23-6              (2)  Plans must ensure that enrollees, in plans where
   23-7  prior authorization is a condition to coverage of a service, are
   23-8  required to sign medical and dental information release consent
   23-9  forms upon enrollment for use where services requiring prior
  23-10  authorization are recommended or proposed by their physician or
  23-11  dentist;
  23-12              (3)  When prior approval for a service or other covered
  23-13  item is obtained, it shall be considered approval for all purposes,
  23-14  and the service shall be considered to be covered unless there was
  23-15  fraud or incorrect information provided at the time such prior
  23-16  approval was obtained.
  23-17              (4)  Continuity of patient care is maintained when
  23-18  physicians or dentists are deselected or otherwise are no longer
  23-19  participating providers under the plan by providing for the
  23-20  immediate reimbursement for copies of medical or dental records
  23-21  that are created, kept or maintained by a physician or dentist and
  23-22  provided by the physician for the patient or someone on his behalf.
  23-23              (5)  Not withstanding the provision of any other law,
  23-24  all qualified managed care programs are subject to and shall meet
  23-25  the requirements of the utilization review law.
   24-1              (6)  Standards shall first be established under this
   24-2  subsection by not later than 12 months after the date of the
   24-3  enactment of this section.
   24-4              (7)  The Department shall periodically review the
   24-5  standards established under this subsection, and may revise the
   24-6  standards from time to time to assure that such standards continue
   24-7  to reflect appropriate policies and practices for the
   24-8  cost-effective and medically appropriate use of services within
   24-9  managed care plans.
  24-10        Sec. 32.055.  Choice of Plan.  When offered and available in
  24-11  the same service area, all eligible enrollees shall have the
  24-12  opportunity to select the plan in which they will participate.
  24-13        SECTION 8.  Article 21.58A, Sections (4) and (14), Insurance
  24-14  Code are amended to read as follows:
  24-15        Sec. 4.  Standards for utilization review.
  24-16        (a)  As a condition of certification or renewal thereof, a
  24-17  utilization review agent shall be required to maintain compliance
  24-18  with the provisions of this section.
  24-19        (b)  The utilization review plan, including reconsideration
  24-20  and appeal requirements, shall be reviewed by a physician and
  24-21  conducted in accordance with standards developed with input from
  24-22  appropriate health care providers and approved by a physician.
  24-23        (c)(1)  Personnel employed by or under contract with the
  24-24  utilization review agent to perform utilization review shall be
  24-25  appropriately trained and qualified.  Personnel who obtain
   25-1  information directly from the physician or health care provider,
   25-2  either orally or in writing, and who are not physicians shall be
   25-3  nurses, physician assistants, registered records administrators, or
   25-4  accredited records technicians, who are either licensed or
   25-5  certified, or shall be individuals who have received formal
   25-6  orientation and training in accordance with policies and procedures
   25-7  established by the utilization review agent to assure compliance
   25-8  with this section, and a description of such policies and
   25-9  procedures shall be filed with the commissioner.  This provision
  25-10  shall not be interpreted to require such qualifications for
  25-11  personnel who perform clerical or administrative tasks.
  25-12              (2)  Upon request, physicians or as appropriate,
  25-13  dentists, will be provided the names and credentials of all
  25-14  individuals conducting utilization review, subject to reasonable
  25-15  safeguards and standards.
  25-16        (d)  A utilization review agent shall not set or impose any
  25-17  notice or other review procedures contrary to the requirements of
  25-18  the health insurance policy or health benefit plan.
  25-19        (e)  Unless approved for an individual patient by the
  25-20  provider of record or modified by contract, a utilization review
  25-21  agent shall be prohibited from observing, participating in, or
  25-22  otherwise being present during a patient's examination, treatment,
  25-23  procedure, or therapy.  In no event shall this section otherwise be
  25-24  construed to limit or deny contact with a patient for purposes of
  25-25  conducting utilization review unless otherwise specifically
   26-1  prohibited by law.
   26-2        (f)  A utilization review agent may not permit or provide
   26-3  compensation or any thing of value to its employees or agents,
   26-4  condition employment of its employee or agent evaluations, or set
   26-5  its employee or agent performance standards, based on the amount of
   26-6  volume of adverse determinations, reductions or limitations on
   26-7  lengths of stay, benefits, services, or charges or on the number of
   26-8  frequency of telephone calls or other contacts with health care
   26-9  providers or patients, which are inconsistent with the provisions
  26-10  of this article.
  26-11        (g)  A health care provider may designate one or more
  26-12  individuals as the initial contact or contacts for utilization
  26-13  review agents seeking routine information or data.  In no event
  26-14  shall the designation of such an individual or individuals preclude
  26-15  a utilization review agent or medical advisor from contacting a
  26-16  health care provider or others in his or her employ where a review
  26-17  might otherwise be unreasonably delayed or where the designated
  26-18  individual is unable to provide the necessary information or data
  26-19  requested by the utilization review agent.
  26-20        (h)  Utilization review conducted by a utilization review
  26-21  agent shall be under the direction of a physician licensed to
  26-22  practice medicine by the Texas State Board of Medical Examiners <a
  26-23  state licensing agency in the United States.>
  26-24        (i)  Each utilization review agent shall utilize written
  26-25  medically acceptable screening criteria and review procedures which
   27-1  are established and periodically evaluated and updated with
   27-2  appropriate involvement from physicians, including practicing
   27-3  physicians, and other health care providers.  Such written
   27-4  screening criteria and review procedures shall be available for
   27-5  review and inspection by the commissioner and copying as necessary
   27-6  for the commissioner to carry out his or her lawful duties under
   27-7  this code, provided, however, that any information obtained or
   27-8  acquired under the authority of this subsection and article is
   27-9  confidential and privileged and not subject to the open records law
  27-10  or subpoena except to the extent necessary for the board of
  27-11  commissioner to enforce this article.
  27-12        (j)  A utilization review agent may not engage in unnecessary
  27-13  or unreasonable repetitive contacts with the health care provider
  27-14  or patient and shall base the frequency of contacts or reviews on
  27-15  the severity or complexity of the patient's condition or on
  27-16  necessary treatment and discharge planning activity.
  27-17        (k)  Subject to the notice requirements of Section 5 of this
  27-18  article, in any instance where the utilization review agent is
  27-19  questioning the medical necessity or appropriateness of health care
  27-20  services, the health care provider who ordered the services shall
  27-21  be afforded a reasonable opportunity to discuss the plan of
  27-22  treatment for the patient and the clinical basis for the
  27-23  utilization review agent's decision with a physician or, in the
  27-24  case of a dental plan with a dentist, prior to issuance of an
  27-25  adverse determination.
   28-1        (l)  <Unless precluded or modified by contract, a> A
   28-2  utilization review agent shall reimburse health care providers for
   28-3  the reasonable costs for providing medical information in writing,
   28-4  including copying and transmitting any requested patient records or
   28-5  other documents.  A health care provider's charges for providing
   28-6  medical information to a utilization review agent shall not exceed
   28-7  the cost of copying set by rule of the Texas Workers' Compensation
   28-8  Commission for records and may not include any costs that are
   28-9  otherwise recouped as a part of the charge for health care.
  28-10        (m)  A utilization review agent shall establish and maintain
  28-11  a complaint system that provides reasonable procedures for the
  28-12  resolution of written complaints initiated by enrollees, patients,
  28-13  or health care providers concerning the utilization review and
  28-14  shall maintain records of such written complaints for two years
  28-15  from the time the complaints are filed.  The complaint procedure
  28-16  shall include a written response to the complainant by the agent
  28-17  within 60 days.  The utilization review agent shall submit to the
  28-18  commissioner a summary report of all complaints at such times and
  28-19  in such forms as the board may require and shall permit the
  28-20  commissioner to examine the complaints and all relevant documents
  28-21  at any time.
  28-22        (n)  The utilization review agent may delegate utilization
  28-23  review to qualified personnel in the hospital or health care
  28-24  facility where the health care services were or are to be provided.
  28-25        Sec. 14 (a)  This article shall not apply to a person who
   29-1  provides information to enrollees about scope of coverage or
   29-2  benefits provided under a health insurance policy or health benefit
   29-3  plan and who does not determine whether particular health care
   29-4  services provided or to be provided to an enrollee are medically
   29-5  necessary or appropriate.
   29-6        (b)(1)  This article shall not apply to any contract with the
   29-7  federal government for utilization review of patients eligible for
   29-8  services under Title XVIII or XIX of the Social Security Act (42
   29-9  U.S.C. Section 1395 et seq. or Section 1396 et seq.).
  29-10              (b)(2)  This article shall not apply to <the Texas
  29-11  Medicaid Program,> the chronically ill and disabled children's
  29-12  services program created pursuant to Chapter 35, Health and Safety
  29-13  Code, <any program administered under Title 2, Human Resources
  29-14  Code> any program of the Texas Department of Mental Health and
  29-15  Mental Retardation, or any program of the Texas Department of
  29-16  Criminal Justice.
  29-17        (c)  This article shall not apply to utilization review of
  29-18  health care services provided to patients under the authority of
  29-19  the Texas Workers' Compensation Act (Article 8308-1.01 et seq.,
  29-20  Vernon's Texas Civil Statutes).
  29-21        <(d)  This article shall not apply to utilization review of
  29-22  health care services provided under a policy or contract of
  29-23  automobile insurance promulgated by the board under Subchapter A,
  29-24  Chapter 5 of this code or issued pursuant to Article 1.14-2 of this
  29-25  code.>
   30-1        (d) <(e)>  This article shall not apply to the terms or
   30-2  benefits of employee welfare benefit plans as defined in Section
   30-3  31(I) of the Employee Retirement Income Security Act of 1974 (29
   30-4  U.S.C. Section 1002).
   30-5        (e) <(f)>  Any regulations promulgated pursuant to this
   30-6  article shall relate only to persons or entities subject to this
   30-7  article.
   30-8        <(g)  A health maintenance organization is not subject to
   30-9  this article except as expressly provided in this subsection and
  30-10  Subsection (i) of this section.  If such health maintenance
  30-11  organization performs utilization review as defined herein, it
  30-12  shall, as a condition of licensure:>
  30-13              <(1)  comply with Sections 4(b), (c), (e), (f), (h),
  30-14  (i), and (l) of this article, and the board shall promulgate rules
  30-15  for appropriate verification and enforcement of compliance.
  30-16  However, nothing in this article shall be construed to prohibit or
  30-17  limit the distribution of a proportion of the savings from the
  30-18  reduction or elimination of unnecessary medical services,
  30-19  treatment, supplies, confinements, or days of confinement, in a
  30-20  health care facility through profit sharing, bonus, or withhold
  30-21  arrangements to participating physicians or participating health
  30-22  care providers for rendering health care services to enrollees;>
  30-23              <(2)  establish and maintain a system for:>
  30-24                    <(A)  handling and responding to complaints by
  30-25  enrollees, patients, or health care providers;>
   31-1                    <(B)  providing health care providers with notice
   31-2  of medical necessity or program requirements that have not been
   31-3  met, including a reasonable opportunity to discuss the plan of
   31-4  treatment and clinical basis for a utilization review determination
   31-5  with a physician; and>
   31-6                    <(C)  providing the enrollee, patient, and health
   31-7  care provider an opportunity to appeal the determination; and>
   31-8              <(3)  submit to assessment of maintenance taxes under
   31-9  Article 20A.33, Texas Health Maintenance Organization Act (Article
  31-10  20A.33, Vernon's Texas Insurance Code), to cover the costs of
  31-11  administering compliance of health maintenance organizations under
  31-12  this section.>
  31-13        (f) <(h)>  An insurer which delivers or issues for delivery a
  31-14  health insurance policy in Texas and is subject to this code is not
  31-15  subject to this article except as expressly provided in this
  31-16  subsection and Subsection (i) of this section.  If an insurer
  31-17  performs utilization review as defined herein it shall, as a
  31-18  condition of licensure, comply with Sections 4 through 8 of this
  31-19  article, and the board shall promulgate rules for appropriate
  31-20  verification and enforcement of compliance.  Such insurers shall be
  31-21  subject to assessment of maintenance tax under Article 4.17 of this
  31-22  code to cover the costs of administering compliance of insurers
  31-23  under this section.
  31-24        (g) <(i)>  However, when an insurer subject to this code <or
  31-25  a health maintenance organization> performs utilization review for
   32-1  a person or entity subject to this article other than the one for
   32-2  which it is the payor, such insurer <or health maintenance
   32-3  organization> shall be required to obtain a certificate under
   32-4  section 3 of this article and comply with all the provisions of
   32-5  this article.
   32-6        SECTION 9.  Title 3, Subtitle A, Chapter 51, Subchapter Z,
   32-7  Section 51.918(c), Education Code, is amended to read as follows:
   32-8        Sec. 51.918 (c)  The Center for Rural Health Initiatives
   32-9  shall develop relief service programs for rural physicians and
  32-10  allied health personnel to facilitate ready access to continuing
  32-11  medical education or practice coverage for purposes other than
  32-12  continuing medical education.
  32-13        SECTION 10.  Chapter 262.034, Texas Health & Safety Code, is
  32-14  amended to read as follows:
  32-15        Facilities and Services for Elderly and Disabled <Nursing
  32-16  Homes>
  32-17        <(a)  This section applies to an authority created by a
  32-18  municipality with a population of more than 24,000 that is located
  32-19  in a county with a population of 1.5 million or more.>
  32-20        (a) <(b)>  The authority may construct, acquire, own,
  32-21  operate, enlarge, improve, furnish, or equip one or more <nursing
  32-22  homes or similar> of the following types of facilities or services
  32-23  for the care of the elderly or disabled:  long term care, elderly
  32-24  housing, assisted living, home health, personal care, special care,
  32-25  continuing care and durable medical equipment.  <The nursing home
   33-1  or similar facility> These facilities and services may be located
   33-2  and/or offered outside the municipal limits.
   33-3        (b) <(c)>  The authority may lease or enter into an
   33-4  operations or management agreement relating to all or part of <a
   33-5  nursing home or similar> such a facility or service for the care of
   33-6  the elderly or disabled that is owned by the authority.  The
   33-7  authority may close, transfer, sell or otherwise convey all or part
   33-8  of these facilities and may discontinue these services <the nursing
   33-9  home or similar facility>.
  33-10        (c) <(d)>  The authority may issue revenue bonds and other
  33-11  notes in accordance with this chapter to acquire, construct, or
  33-12  improve a <nursing home or similar> facility for the care of the
  33-13  elderly or disabled or to implement the delivery of a service for
  33-14  the care of the elderly or disabled.
  33-15        (d) <(e)>  For the purpose of this section, a <nursing home
  33-16  or similar> facility or service described in 262.034(a) <for the
  33-17  care of the elderly> is considered to be a hospital project under
  33-18  Chapter 223 of the Health & Safety Code.
  33-19        SECTION 11.  Chapter 285, Texas Health & Safety Code, is
  33-20  amended by adding Subchapter G to read as follows:
  33-21        SUBCHAPTER G.  LONG TERM CARE AND RELATED FACILITIES.
  33-22        Sec. 1.  Any hospital, hospital district or authority created
  33-23  and operated under Article IX of the Texas Constitution, special
  33-24  law or Title 4 of the Health & Safety Code may:
  33-25        (a)  Construct, acquire, own, operate, enlarge, improve,
   34-1  furnish, or equip one or more of the following types of facilities
   34-2  or services for the care of the elderly or disabled:  long term
   34-3  care, elderly housing, assisted living, home health, personal care,
   34-4  special care, continuing care and durable medical equipment;
   34-5        (b)  Lease or enter into an operations or management
   34-6  agreement relating to all or part of a facility or service
   34-7  described in Sec. 1(a) that is owned by the hospital district or
   34-8  authority;
   34-9        (c)  Close, transfer, sell or otherwise convey all or part of
  34-10  such a facility and may discontinue these services;
  34-11        (d)  Issue revenue bonds and other notes to acquire,
  34-12  construct or improve a facility for the care of the elderly or
  34-13  disabled or to implement the delivery of a service for the care of
  34-14  the elderly or disabled.
  34-15        Sec. 2.  For the purpose of this Subchapter, a facility or
  34-16  service created pursuant to Section 1(a) shall be considered to be
  34-17  a hospital project under Chapter 223 of the Health & Safety Code.
  34-18        SECTION 12.  Section 501.059, Government Code, is amended to
  34-19  read as follows:
  34-20        Sec. 501.059.  Managed Health Care Advisory Committee.
  34-21        (a)  The Managed Health Care Advisory Committee to the Texas
  34-22  Department of Criminal Justice is established.
  34-23        (b)  The committee consists of:
  34-24              (1)  two members employed full-time by the department,
  34-25  at least one of whom is a physician, appointed by the executive
   35-1  director,
   35-2              (2)  two members employed full-time by The University
   35-3  of Texas Medical Branch at Galveston, at least one of whom is a
   35-4  physician, appointed by the president of the medical branch; and
   35-5              (3)  two members employed fulltime by the Texas Tech
   35-6  University Health Science Center, at least one of whom is a
   35-7  physician, appointed by the president of the university.
   35-8        (c)  A committee member serves at the pleasure of the
   35-9  appointing official or until termination of the member's employment
  35-10  with the entity the member represents.
  35-11        (d)  An appointment to the committee shall be made without
  35-12  regard to the race, creed, sex, religion, or national origin of the
  35-13  appointee.
  35-14        (e)  A committee member serves without compensation but is
  35-15  entitled to reimbursement of actual and necessary expenses incurred
  35-16  in the performance of the duties of the committee.
  35-17        (f)  The committee may hire a managed health care
  35-18  administrator and may employ personnel necessary for the
  35-19  administration of the committee's duties.
  35-20        (g)  The committee shall develop a managed health care plan
  35-21  for all inmates at the institutional division that includes:
  35-22              (1)  the establishment of a managed care network of
  35-23  physicians and hospitals that will serve the institutional division
  35-24  as the exclusive health care provider for inmates at each facility
  35-25  of the institutional division;
   36-1              (2)  cost containment studies; <and>
   36-2              (3)  care case management and utilization management
   36-3  studies performed exclusively for the institutional division; and
   36-4              (4)  as to the establishment of criteria for hospital
   36-5  participation, a provision requiring the manage care plan to accept
   36-6  hospital licensure by the Texas Department of Health, certification
   36-7  by the Medicare program (Title XVII of the Social Security Act (42
   36-8  U.S.C. 1395 et seq.)), or accreditation by the Joint Commission on
   36-9  Accreditation of Healthcare Organizations.
  36-10        <(h)  To the extent possible the committee shall integrate
  36-11  the manage care network with the public medical schools of this
  36-12  state and the component hospitals of those medical schools.>
  36-13        (h) <(i)>  For those services for which the public medical
  36-14  schools and their components cannot provide, the committee shall
  36-15  initiate a competitive bidding process for contracts with other
  36-16  providers for medical care to inmates confined in the institutional
  36-17  division.
  36-18        (i) <(j)>  The committee may enter into a contract on behalf
  36-19  of the department to fully implement the managed health care plan
  36-20  under Subsection (g).
  36-21        (j) <(k)>  The department shall pay necessary costs for the
  36-22  operation of the committee, including costs of personnel, from
  36-23  funds appropriated by the legislature to the department.
  36-24        (k) <(l)>  The managed health care plan, inclusive of the
  36-25  health care administrator and necessary personnel proposed by the
   37-1  committee, must cost the state less than what is presently
   37-2  provided, otherwise, the status quo shall be maintained.
   37-3        SECTION 13.  Emergency.
   37-4        The importance of this legislation and the crowded condition
   37-5  of the calendars in both houses create an emergency and an
   37-6  imperative public necessity that the constitutional rule requiring
   37-7  bills to be read on three several days in each house be suspended,
   37-8  and this rule is hereby suspended, and that this Act take effect
   37-9  and be in force according to its terms, and it is so enacted.