By Uher                                               H.B. No. 2750
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the inclusion of the services of licensed psychological
    1-3  associates in health insurance coverage.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article 3.70-2(B) of the Insurance Code is
    1-6  amended to read as follows:
    1-7                    (B)  No policy of accident and sickness insurance
    1-8  shall make benefits contingent upon treatment or examination by a
    1-9  particular practitioner or by particular practitioners of the
   1-10  healing arts hereinafter designated unless such policy contains a
   1-11  provision designating the practitioner or practitioners who will be
   1-12  recognized by the insurer and those who will not be recognized by
   1-13  the insurer.  Such provision may be located in the "Exceptions" or
   1-14  "Exceptions and Reductions" provisions, or elsewhere in the policy,
   1-15  or by endorsement attached to the policy, at the insurer's option.
   1-16  In designating the practitioners who will and will not be
   1-17  recognized, such provision shall use the following terms:  Doctor
   1-18  of Medicine, Doctor of Osteopathy, Doctor of Dentistry, Doctor of
   1-19  Chiropractic, Doctor of Optometry, Doctor of Podiatry, Licensed
   1-20  Audiologist, Licensed Speech-language Pathologist, Doctor in
   1-21  Psychology, Licensed Master Social Worker--Advanced Clinical
   1-22  Practitioner, Licensed Dietitian, Licensed Professional Counselor,
   1-23  Licensed Marriage and Family Therapist, <and> Licensed Hearing Aid
    2-1  Fitter and Dispenser<.>, and Licensed-Psychological Associate.
    2-2        For purposes of this Act, such designations shall have the
    2-3  following meanings:
    2-4        Doctor of Medicine:  One licensed by the Texas State Board of
    2-5  Medical Examiners on the basis of the degree "Doctor of Medicine";
    2-6        Doctor of Osteopathy:  One licensed by the Texas State Board
    2-7  of Medical Examiners on the basis of the degree of "Doctor of
    2-8  Osteopathy";
    2-9        Doctor of Dentistry:  One licensed by the State Board of
   2-10  Dental Examiners;
   2-11        Doctor of Chiropractic:  One licensed by the Texas Board of
   2-12  Chiropractic Examiners;
   2-13        Doctor of Optometry:  One licensed by the Texas Optometry
   2-14  Board;
   2-15        Doctors of Podiatry:  One licensed by the State Board of
   2-16  Podiatry Examiners;
   2-17        Licensed Audiologist:  One with a master's or doctorate
   2-18  degree in audiology from an accredited college or university and
   2-19  who is licensed as an audiologist by the State Committee of
   2-20  Examiners for Speech-Language Pathology and Audiology;
   2-21        Licensed Speech-language Pathologist:  One with a master's or
   2-22  doctorate degree in speech pathology or speech-language pathology
   2-23  from an accredited college or university and who is licensed as a
   2-24  speech-language pathologist by the State Committee of Examiners for
   2-25  Speech-Language Pathology and Audiology;
    3-1        Doctor in Psychology:  One licensed by the Texas State Board
    3-2  of Examiners-of Psychologists and certified as a Health Service
    3-3  Provider;
    3-4        Licensed Master Social Worker--Advanced Clinical
    3-5  Practitioner:  One licensed by the Texas State Board of Social
    3-6  Worker Examiners as a Licensed Master Social Worker with the order
    3-7  of recognition of Advanced Clinical Practitioner;
    3-8        Licensed Dietitian:  One licensed by the Texas State Board of
    3-9  Examiners of Dietitians;
   3-10        Licensed Professional Counselor:  One licensed by the Texas
   3-11  State Board of Examiners of Professional Counselors;
   3-12        Licensed Marriage and Family Therapist:  One licensed by the
   3-13  Texas State Board of Examiners of Marriage and Family Therapists;
   3-14  <and>
   3-15        Licensed Hearing Aid Fitter and Dispenser:  One licensed by
   3-16  the Texas Board of Examiners in the Fitting and Dispensing of
   3-17  Hearing Aids<.>; and
   3-18        Licensed Psychological Associate:  One licensed by the Texas
   3-19  State Board of Examiners of Psychologists and practicing under the
   3-20  supervision of a licensed psychologist.
   3-21        SECTION 2.  Article 21.52, Sec. 1, of the Insurance Code is
   3-22  amended to read as follows:
   3-23        Sec. 1.  Definitions.  As used in this article:
   3-24        (a)  "health insurance policy" means any individual, group,
   3-25  blanket, or franchise insurance policy, insurance agreement, or
    4-1  group hospital service contract, providing benefits for medical or
    4-2  surgical expenses incurred as a result of an accident or sickness;
    4-3        (b)  "doctor of podiatric medicine" include D.P.M.,
    4-4  podiatrist, doctor of surgical chiropody, D.S.C. and chiropodist;
    4-5        (c)  "doctor of optometry" includes optometrist, doctor of
    4-6  optometry, and O.D.;
    4-7        (d)  "doctor of chiropractic" means a person who is licensed
    4-8  by the Texas Board of Chiropractic Examiners to practice
    4-9  chiropractic;
   4-10        (e)  "licensed dentist" means a person who is licensed to
   4-11  practice dentistry by the State Board of Dental Examiners;
   4-12        (f)  "licensed audiologist" means a person who has received a
   4-13  master's or doctorate degree in audiology from an accredited
   4-14  college or university and is licensed by the State Committee of
   4-15  Examiners for Speech-Language Pathology and Audiology;
   4-16        (g)  "licensed speech-language pathologist" means a person
   4-17  who has received a master's or doctorate degree in speech-language
   4-18  pathology from an accredited college or university and is licensed
   4-19  by the State Committee of Examiners for Speech-Language Pathology
   4-20  and Audiology;
   4-21        (h)  "licensed master social worker--advanced clinical
   4-22  practitioner" means a person who is licensed by the Texas State
   4-23  Board of Social Worker Examiners as a licensed social worker with
   4-24  the order of recognition of advanced clinical practitioner;
   4-25        (i)  "licensed dietitian" means a person who is licensed by
    5-1  the Texas State Board of Examiners of Dietitians;
    5-2        (j)  "licensed professional counselor" means a person who is
    5-3  licensed by the Texas State Board of Examiners of Professional
    5-4  Counselors;
    5-5        (k)  "psychologist" means a person licensed to practice
    5-6  psychology by the Texas State Board of Examiners of Psychologists,
    5-7        (l)  "licensed marriage and family therapist" means a person
    5-8  who is licensed by the Texas State Board of Examiners of Marriage
    5-9  and Family Therapists; <and>
   5-10        (m)  "licensed hearing aid fitter and dispenser" means a
   5-11  person who is licensed by the Texas Board of Examiners in the
   5-12  Fitting and Dispensing of Hearing Aids<.>; and
   5-13        (n)  "licensed psychological associate" means a person who is
   5-14  licensed by the Texas State Board of Examiners of Psychologists and
   5-15  who practices under the supervision of a licensed psychologist.
   5-16        SECTION 3.  Article 21.52, Sec. 3, of the Insurance Code is
   5-17  amended to read as follows:
   5-18        Sec. 3.  Selection of practitioners.  Any person who is
   5-19  issued, who is party to, or who is a beneficiary under any health
   5-20  insurance policy delivered, renewed, or issued for delivery in this
   5-21  state by any insurance company, association, or organization to
   5-22  which this article applies may select a licensed doctor of
   5-23  podiatric medicine, a licensed dentist, or a doctor of chiropractic
   5-24  to perform the medical or surgical services or procedures scheduled
   5-25  in the policy which fall within the scope of the license of that
    6-1  practitioner, a licensed doctor of optometry to perform the
    6-2  services or procedures scheduled in the policy which fall within
    6-3  the scope of the license of that doctor of optometry, a licensed
    6-4  audiologist to measure hearing for the purpose of determining the
    6-5  presence or extent of a hearing loss and to provide aural
    6-6  rehabilitation services to a person with a hearing loss if those
    6-7  services or procedures are scheduled in the policy, a licensed
    6-8  speech-language pathologist to evaluate speech and language and to
    6-9  provide habilitative and rehabilitative services to restore speech
   6-10  or language loss or to correct a speech or language impairment if
   6-11  those services or procedures are scheduled in the policy, a
   6-12  licensed master social worker--advanced clinical practitioner to
   6-13  provide the services that fall within the scope of the license of
   6-14  such certified practitioner and which are specified as services
   6-15  within the terms of the policy of insurance, including the
   6-16  provision of direct, diagnostic, preventive, or clinical services
   6-17  to individuals, families, and groups whose functioning is
   6-18  threatened or affected by social or psychological stress or health
   6-19  impairment, if those services or procedures are scheduled in the
   6-20  policy, a licensed dietitian including a provisional licensed
   6-21  dietitian under a licensed dietitian's supervision to provide the
   6-22  services that fall within the scope of the license of that
   6-23  dietitian if those services are scheduled in the policy, a licensed
   6-24  professional counselor to provide the services that fall within the
   6-25  scope of the license of that professional if those services are
    7-1  scheduled in the policy, a licensed marriage and family therapist
    7-2  to provide the services that fall within the scope of the license
    7-3  of that professional if those services are scheduled in the policy,
    7-4  a psychologist to perform the services or procedures scheduled in
    7-5  the policy that fall within the scope of the license of that
    7-6  psychologist<,> <or> a licensed hearing aid fitter and dispenser to
    7-7  provide the services or procedures scheduled in the policy that
    7-8  fall within the scope of the license of that practitioner<.>, or a
    7-9  licensed psychological associate to provide the services that fall
   7-10  within the scope of the licensure of that professional if those
   7-11  services are scheduled in the policy.  The services of a licensed
   7-12  master social worker--advanced clinical practitioner, licensed
   7-13  professional counselor, or licensed marriage and family therapist
   7-14  that are included in this Act may require a professional
   7-15  recommendation by a doctor of medicine or doctor of osteopathy
   7-16  unless the health insurance policy terms do not require such a
   7-17  recommendation.  The payment or reimbursement by the insurance
   7-18  company, association, or organization for those services or
   7-19  procedures in accordance with the payment schedule or the payment
   7-20  provisions in the policy shall not be denied because the same were
   7-21  performed by a licensed doctor of podiatric medicine, a licensed
   7-22  doctor of optometry, a licensed doctor of chiropractic, a licensed
   7-23  dentist, a licensed audiologist, a licensed speech-language
   7-24  pathologist, a licensed master social worker--advanced clinical
   7-25  practitioner, a licensed dietitian, a licensed professional
    8-1  counselor, a licensed marriage and family therapist, a
    8-2  psychologist, a licensed psychological associate, or a licensed
    8-3  hearing aid fitter and dispenser.  There shall not be any
    8-4  classification, differentiation, or other discrimination in the
    8-5  payment schedule or the payment provisions in a health insurance
    8-6  policy, nor in the amount or manner of payment or reimbursement
    8-7  thereunder, between scheduled services or procedures when performed
    8-8  by a doctor of podiatric medicine, a doctor of optometry, a doctor
    8-9  of chiropractic, a licensed dentist, a licensed audiologist, a
   8-10  licensed speech-language pathologist, a licensed master social
   8-11  worker--advanced clinical practitioner, a licensed dietitian, a
   8-12  licensed professional counselor, a licensed marriage and family
   8-13  therapist, a psychologist, a licensed psychological associate, or a
   8-14  licensed hearing aid fitter and dispenser which fall within the
   8-15  scope of his license or certification and the same services or
   8-16  procedures when performed by any other practitioner of the healing
   8-17  arts whose services or procedures are covered by the policy.  Any
   8-18  provision in a health insurance policy contrary to or in conflict
   8-19  with the provisions of this article shall, to the extent of the
   8-20  conflict, be void, but such invalidity shall not affect the
   8-21  validity of the other provisions of this policy.  Any presently
   8-22  approved policy form containing any provision in conflict with the
   8-23  requirements of this Act shall be brought into compliance with this
   8-24  Act by the use of riders and endorsements which have been approved
   8-25  by the State Board of Insurance or by the filing of new or revised
    9-1  policy forms for approval by the State Board of Insurance.
    9-2        SECTION 4.  This Act takes effect September 1, 1995, and
    9-3  applies only to a health insurance policy that is delivered, issued
    9-4  for delivery, or renewed on or after January 1, 1996.  A health
    9-5  insurance policy that is delivered, issued for delivery, or renewed
    9-6  before January 1, 1996, is governed by the law that existed
    9-7  immediately before the effective date of this Act, and that law is
    9-8  continued in effect for that purpose.
    9-9        SECTION 5.  The importance of this legislation and the
   9-10  crowded condition of the calendars in both houses create an
   9-11  emergency and an imperative public necessity that the
   9-12  constitutional rule requiring bills to be read on three several
   9-13  days in each house be suspended, and this rule is hereby suspended.