1-1        By:  Smithee, et al. (Senate Sponsor - Turner)  H.B. No. 2766
    1-2        (In the Senate - Received from the House May 15, 1995;
    1-3  May 17, 1995, read first time and referred to Committee on Economic
    1-4  Development; May 22, 1995, reported adversely, with favorable
    1-5  Committee Substitute by the following vote:  Yeas 8, Nays 1;
    1-6  May 22, 1995, sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR H.B. No. 2766                  By:  Sibley
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to providing fairness and choice to patients and providers
   1-11  under managed care health benefit plans.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Chapter 21, Insurance Code, is amended by adding
   1-14  Subchapter G to read as follows:
   1-15                 SUBCHAPTER G.  PATIENT PROTECTION ACT
   1-16        Art. 21.101.  SHORT TITLE.  This subchapter may be cited as
   1-17  the Patient Protection Act.
   1-18        Art. 21.102.  DEFINITIONS.  In this subchapter:
   1-19              (1)  "Commissioner" means the Commissioner of
   1-20  Insurance.
   1-21              (2)  "Emergency care services" means medical services
   1-22  provided for an emergency medical condition.
   1-23              (3)  "Emergency medical condition" means:
   1-24                    (A)  a medical condition manifesting itself by
   1-25  acute symptoms of sufficient severity, including severe pain, so
   1-26  that the absence of immediate medical attention could reasonably be
   1-27  expected to result in:
   1-28                          (i)  placing the health of the individual
   1-29  or, if the individual is a pregnant woman, the health of the woman
   1-30  or her unborn child, in serious jeopardy;
   1-31                          (ii)  serious impairment to a bodily
   1-32  function; or
   1-33                          (iii)  serious dysfunction of an organ or
   1-34  part of the body; or
   1-35                    (B)  with respect to a pregnant woman who is
   1-36  having contractions:
   1-37                          (i)  that there is inadequate time to
   1-38  effect a safe transfer to another hospital before delivery; or
   1-39                          (ii)  that transfer to another hospital may
   1-40  pose a threat to the health or safety of the woman or the unborn
   1-41  child.
   1-42              (4)  "Managed care entity" means an insurance company
   1-43  authorized to do business in this state only to the extent that the
   1-44  insurance company is engaged in providing a managed care plan, a
   1-45  group hospital service corporation licensed under Chapter 20 of
   1-46  this code, or a health maintenance organization licensed under the
   1-47  Texas Health Maintenance Organization Act (Chapter 20A, Vernon's
   1-48  Texas Insurance Code).
   1-49              (5)  "Managed care plan" means a plan operated by a
   1-50  managed care entity that provides for the financing and delivery of
   1-51  health care services to persons enrolled in the plan through:
   1-52                    (A)  arrangements with selected providers to
   1-53  furnish health care services;
   1-54                    (B)  explicit standards for the selection of
   1-55  participating providers;
   1-56                    (C)  organizational arrangements for ongoing
   1-57  quality assurance, utilization review, and dispute resolution; or
   1-58                    (D)  differential coverage or payments or
   1-59  financial incentives for a person enrolled in the plan to use the
   1-60  participating providers and procedures provided by the plan.
   1-61        The term "managed care plan" or "plan" does not include
   1-62  accident-only; specified disease; individual hospital indemnity;
   1-63  credit; dental-only; vision only; long-term care; disability
   1-64  income; insurance coverage issued as a supplement to liability
   1-65  insurance; CHAMPUS supplement; workers' compensation, or other
   1-66  similar insurance; or automobile medical payment insurance.
   1-67              (6)  "Prospective enrollee" means an individual
   1-68  eligible for enrollment in a managed care plan offered by that
    2-1  individual's employer.
    2-2              (7)  "Provider" means a physician, dentist, podiatrist,
    2-3  pharmacist, optometrist, psychologist, clinical social worker,
    2-4  advanced nurse practitioner, and chiropractor.
    2-5              (8)  "Physician" means a person licensed as a physician
    2-6  by the Texas State Board of Medical Examiners.
    2-7              (9)  "Dentist" means a person licensed to practice
    2-8  dentistry by the Texas State Board of Dental Examiners.
    2-9        Art. 21.103.  STANDARDS.  The commissioner may adopt rules
   2-10  regarding standards ensuring compliance with this subchapter by
   2-11  managed care entities that conduct business in this state.  The
   2-12  commissioner may appoint an advisory committee to assist in the
   2-13  implementation of this Act.
   2-14        Art. 21.104.  ENROLLEE INFORMATION.  (a)  A managed care
   2-15  entity shall provide a prospective enrollee a written plan
   2-16  description of the terms and conditions of the plan.  The written
   2-17  plan description must be in a readable and understandable format
   2-18  and must include:
   2-19              (1)  coverage provisions;
   2-20              (2)  benefits, including prescription drug coverage,
   2-21  both generic and brand name;
   2-22              (3)  any exclusions by category of service, provider,
   2-23  and, if applicable, by specific service or types of drugs;
   2-24              (4)  any prior authorization, including procedures for
   2-25  and limitations or restrictions on referrals to providers other
   2-26  than primary care physicians or dentists, or other review
   2-27  requirements, including preauthorization review, concurrent review,
   2-28  postservice review, and postpayment review;
   2-29              (5)  an explanation of enrollee financial
   2-30  responsibility for payment for coinsurance or other noncovered or
   2-31  out-of-plan services;
   2-32              (6)  a disclosure to prospective enrollees that
   2-33  includes the following language:
   2-34                     YOUR RIGHTS UNDER TEXAS LAW:
   2-35        "You have the right to information about the plan, including
   2-36  how the plan operates, what general types of financial arrangements
   2-37  exist between providers and the plan, names and locations of
   2-38  providers, the numbers of enrollees and providers in the plan, the
   2-39  percentage of premiums allocated for medical care, administrative
   2-40  costs and profit, and an explanation of the benefits to which
   2-41  participants are entitled under the terms of the plan."; and
   2-42              (7)  a phone number and address for the prospective
   2-43  enrollee to obtain additional information concerning the items
   2-44  described by Subdivision (6) of this subsection.
   2-45        (b)  The managed care entity may provide the information
   2-46  under Subsection (a)(6) of this article regarding the percentage of
   2-47  premiums allocated for medical care, administrative costs, and
   2-48  profit by providing the information in the entity's annual
   2-49  financial statement most recently submitted to the department.
   2-50        (c)  The managed care entity shall demonstrate that each
   2-51  covered enrollee has adequate access through the entity's provider
   2-52  network to all items and services contained in the package of
   2-53  benefits for which coverage is provided.  The access must be
   2-54  adequate considering the diverse needs of enrollees.
   2-55        (d)  If the managed care plan uses a capitation method of
   2-56  compensation, the plan must establish and follow procedures that
   2-57  ensure that:
   2-58              (1)  each plan application form includes a space in
   2-59  which each enrollee selects a primary care physician or dentist;
   2-60              (2)  each enrollee who fails to select a primary care
   2-61  physician or dentist and is assigned a physician or dentist is
   2-62  notified of the name and location of that physician or dentist; and
   2-63              (3)  a primary care physician or dentist to whom an
   2-64  enrollee is assigned is physically located within a reasonable
   2-65  travel distance, as established by rule adopted by the
   2-66  commissioner, from the residence or place of employment of the
   2-67  enrollee.
   2-68        Art. 21.105.  NETWORK CONFIGURATION.  The managed care entity
   2-69  shall provide to the commissioner, for information, an explanation
   2-70  of the targeted physician, dentist, and as appropriate, other
    3-1  provider network configuration, including geographic distribution
    3-2  of physicians and dentists by specialty, and other providers, as
    3-3  appropriate.  Such information required by this subsection shall be
    3-4  updated at least annually and:
    3-5              (1)  on establishment of a new managed care plan;
    3-6              (2)  on expansion of a service area; and
    3-7              (3)  when the network configuration targets are
    3-8  significantly modified.
    3-9  Nothing herein shall require a particular ratio for any type of
   3-10  provider.  The information shall be available to the public by the
   3-11  department on request.  The department may charge a reasonable fee
   3-12  for providing the information.
   3-13        Art. 21.106.  HOSPITAL PARTICIPATION.  In the development of
   3-14  the plan's criteria for hospital participation, if a hospital is
   3-15  certified by the Medicare program under Title XVIII, Social
   3-16  Security Act, as amended (42 U.S.C. Section 1395 et seq) or
   3-17  accredited by the Joint Commission on Accreditation of Health Care
   3-18  Organizations, the managed care plan shall accept such
   3-19  certification or accreditation.  This article does not prohibit a
   3-20  managed care plan from establishing additional criteria for
   3-21  hospital participation.
   3-22        Art. 21.107.  FINANCIAL INCENTIVE PROGRAMS.  A managed care
   3-23  plan may not use a financial incentive program that limits
   3-24  medically necessary and appropriate services.
   3-25        Art. 21.108.  PARTICIPATING PROVIDERS.  (a)  Each managed
   3-26  care plan shall establish a mechanism under which physicians or
   3-27  dentists participating in the plan provide consultation and advice
   3-28  on the plan's medical or dental policy, including coverage of new
   3-29  technology and procedures, the development and use of a
   3-30  prescription drug formulary, utilization review criteria and
   3-31  procedures, quality and credentialing criteria, and medical or
   3-32  dental management procedures.  Other participating providers shall
   3-33  be given an opportunity to comment on the plan's policies affecting
   3-34  their services.  Each managed care plan on request shall make
   3-35  available and disclose to providers the application process and
   3-36  qualification requirements for participation in the plan.  The plan
   3-37  must give a provider not selected on initial application each
   3-38  reason the initial application was denied.
   3-39        (b)  Each physician or dentist under consideration for
   3-40  inclusion in a managed care plan shall be reviewed by a
   3-41  credentialing committee composed primarily of network participating
   3-42  physicians or dentists.  Other providers may be credentialed, if
   3-43  appropriate, as determined by the plan.  When a provider, other
   3-44  than a physician or dentist, is credentialed by the plan, the
   3-45  credentialing committee shall include providers with the same
   3-46  license.
   3-47        (c)  Credentialing of providers shall be based on identified
   3-48  standards developed after consultation with providers credentialed
   3-49  in the plan.  The managed care plan shall make the credentialing
   3-50  standards available to applicants.
   3-51        (d)  If economic considerations are part of the decision to
   3-52  select a provider or terminate a contract with a provider, the plan
   3-53  shall use identified criteria which shall be available to
   3-54  applicants and participating providers.  If the plan uses an
   3-55  economic profile of a provider, the plan must adjust the profile to
   3-56  recognize the characteristics of a provider's practice that may
   3-57  account for variations from expected costs.
   3-58        (e)  A managed care plan that conducts or uses economic
   3-59  profiling of providers within the plan shall, on a periodic basis,
   3-60  make the profile available to the provider profiled.
   3-61        (f)  Unless specifically required by this act, a managed care
   3-62  plan is not required to disclose proprietary information regarding
   3-63  marketplace strategies.
   3-64        (g)  A managed care plan may not exclude a provider solely
   3-65  because of the provider's specialty practice or the anticipated
   3-66  characteristics of the patients of that provider.
   3-67        (h)  Before terminating a contract with a provider, the
   3-68  managed care plan shall provide a written explanation of the
   3-69  reasons for termination, an opportunity for discussion, and an
   3-70  opportunity to enter into and complete a corrective action plan, if
    4-1  appropriate, as determined by the plan.  Except in cases in which
    4-2  there is imminent harm to patient health or an action by a state
    4-3  medical, dental, or other provider licensing board or other
    4-4  government agency that effectively impairs the provider's ability
    4-5  to practice medicine, dentistry, or another health care profession
    4-6  or in cases of fraud or malfeasance, on request and before the
    4-7  effective date of the termination, the provider is entitled to a
    4-8  review of the plan's proposed action by a plan advisory panel.  For
    4-9  a physician or a dentist, the plan advisory panel must be primarily
   4-10  composed of the physician's or dentist's peers.  If the review
   4-11  involves another type of provider, the plan advisory panel must
   4-12  include providers with the same license.  Such review may include
   4-13  the appropriateness and requirements of a corrective action plan.
   4-14  The decision of the advisory panel shall be considered but is not
   4-15  binding on the plan.
   4-16        (i)  If the action that is under consideration is of a type
   4-17  that must be reported to the National Practitioner Data Bank or a
   4-18  state medical or dental board under federal or state law, the
   4-19  physician's or dentist's procedural rights must meet the standards
   4-20  set forth in the federal Health Care Quality Improvement Act of
   4-21  1986 (42 U.S.C. Section 11101 et seq.).  For purposes of this
   4-22  subsection, a managed care entity shall be considered a health care
   4-23  entity as defined by Section 1.03, Medical Practice Act (Article
   4-24  4495b, Vernon's Texas Civil Statutes).
   4-25        (j)  A communication relating to the subject matter provided
   4-26  for under Subsections (a) and (h) of Article 21.108 may not be the
   4-27  basis for a cause of action for libel or slander except for
   4-28  disclosures or communications with parties other than the plan or
   4-29  provider.
   4-30        (k)  The managed care plan shall establish reasonable
   4-31  procedures for assuring a transition of enrollees of the plan to
   4-32  new providers.
   4-33        (l)  If a contract with a provider is terminated by a managed
   4-34  care plan, the plan shall reimburse the provider the reasonable
   4-35  cost for copies of medical or dental records that are furnished to
   4-36  another provider at the patient's request.  If a provider
   4-37  terminates the contract with the plan, the provider shall bear the
   4-38  reasonable cost of providing copies of medical or dental records
   4-39  that are furnished to another provider at the patient's request.
   4-40        (m)  This subchapter does not prohibit a managed care plan
   4-41  from rejecting an application from a provider based on the
   4-42  determination that the plan has sufficient qualified providers.
   4-43        (n)  A managed care plan may charge to a provider, other than
   4-44  a physician or dentist:
   4-45              (1)  a reasonable application fee to cover the cost of
   4-46  processing applications and informing the provider of selection or
   4-47  nonselection under the plan;
   4-48              (2)  a reasonable credentialing fee to cover the cost
   4-49  of the credentialing process; and
   4-50              (3)  a reasonable fee for providing to a provider a
   4-51  copy of credentialing standards, identified criteria for selection,
   4-52  and economic profiles requested by the provider.
   4-53        Art. 21.109.  EMERGENCY SERVICES.  A managed care plan shall:
   4-54              (1)  cover emergency care services provided to covered
   4-55  individuals, without regard to whether the provider furnishing the
   4-56  services has a contractual or other arrangement with the entity to
   4-57  provide items or services to covered individuals, including the
   4-58  treatment and stabilization of an emergency medical condition;
   4-59              (2)  provide that the prior authorization requirement
   4-60  for medically necessary services provided or originating in a
   4-61  hospital emergency room following treatment or stabilization of an
   4-62  emergency medical condition are approved unless denied in the time
   4-63  appropriate to the circumstances relating to the delivery of the
   4-64  services and the condition of the patient, as determined by the
   4-65  treating provider and communicated to the plan; and
   4-66              (3)  cover any medical screening examination to
   4-67  determine whether an emergency medical condition exists or other
   4-68  evaluation required by state or federal law to be provided in the
   4-69  emergency room of a hospital.
   4-70        Art. 21.110.  PRIOR AUTHORIZATION; CONSENT.  A plan for which
    5-1  prior authorization is a condition to coverage of a service must
    5-2  ensure that enrollees are required to sign medical and dental
    5-3  information release consent forms on enrollment.
    5-4        Art. 21.111.  UTILIZATION REVIEW.  A managed care plan is
    5-5  subject to and shall meet the requirements of Article 21.58A of
    5-6  this code.
    5-7        Art. 21.112.  POINT OF SERVICE OFFERING.  (a)  When a health
    5-8  maintenance organization has a point-of-service plan available in a
    5-9  service area and is the only entity providing services under a
   5-10  health benefit plan, it must offer to all eligible enrollees the
   5-11  opportunity to obtain coverage for out-of-network services through
   5-12  the point-of-service plan as defined by Subsection (b) of this
   5-13  article, at the time of enrollment and at least annually
   5-14  thereafter.
   5-15        (b)  For purposes of this subchapter, a "point-of-service
   5-16  plan" means a plan provided through an arrangement whereby
   5-17  indemnity benefits for the cost of health care services, other than
   5-18  emergency care services, are provided by an insurer or group
   5-19  hospital service corporation in conjunction with corresponding
   5-20  benefits arranged or provided by a health maintenance organization,
   5-21  including a single service health maintenance organization.  An
   5-22  individual may choose to obtain benefits or services under either
   5-23  the indemnity plan or the health maintenance organization plan in
   5-24  accordance with specific provisions of a point-of-service contract.
   5-25        (c)  The premium for the point-of-service plan shall be based
   5-26  on the actuarial value of such coverage.
   5-27        (d)  Any additional costs for the point-of-service plan shall
   5-28  be the responsibility of the enrollee, and the employer may impose
   5-29  a reasonable administrative cost for providing the point-of-service
   5-30  option.
   5-31        (e)  When five percent or less of the group's eligible
   5-32  employees elect to purchase the point-of-service option, the plan
   5-33  shall not be required to offer the point-of-service option during
   5-34  subsequent open enrollment periods.
   5-35        (f)  This Article shall not apply to a small employer as
   5-36  defined in Article 26.02, Insurance Code.
   5-37        Art. 21.113.  PRIVATE CAUSE OF ACTION.  This subchapter and
   5-38  rules adopted under this subchapter do not:
   5-39              (1)  provide a private cause of action for damages or
   5-40  create a standard of care, obligation, or duty that provides a
   5-41  basis for a private cause of action for damages; or
   5-42              (2)  abrogate a statutory or common law cause of
   5-43  action, administrative remedy, or defense otherwise available and
   5-44  existing before June 1, 1996.
   5-45        Art. 21.114.  ANNUAL PERFORMANCE REPORT.  (a)  The office of
   5-46  public insurance counsel shall issue an annual report to consumers
   5-47  on the performance of managed care entities.
   5-48        (b)  The office of public insurance counsel shall have access
   5-49  to:
   5-50              (1)  information provided under Article 21.105 of this
   5-51  code;
   5-52              (2)  information contained in complaints relating to
   5-53  managed care entities made to the department or to the Texas
   5-54  Department of Health, provided that the office shall maintain as
   5-55  confidential any information in the complaint that relates to a
   5-56  patient or that is made confidential by another law; and
   5-57              (3)  any statistical information relating to
   5-58  utilization, quality assurance, and complaints that a health
   5-59  maintenance organization is required to maintain under rules
   5-60  adopted by the commissioner or the Texas Department of Health.
   5-61        (c)  The office of public insurance counsel shall provide a
   5-62  copy of the report to a person on request on payment of a
   5-63  reasonable fee.  The public insurance counsel shall set the fee in
   5-64  the amount necessary to defray the cost of producing the report.
   5-65        SECTION 2.  Section 4(i), Article 21.58A, Insurance Code, is
   5-66  amended to read as follows:
   5-67        (i)  Each utilization review agent shall utilize written
   5-68  medically acceptable screening criteria and review procedures which
   5-69  are established and periodically evaluated and updated with
   5-70  appropriate involvement from physicians, including practicing
    6-1  physicians, and other health care providers.  The screening
    6-2  criteria and review procedures must include guidelines for appeals
    6-3  on behalf of a person with a special circumstance, such as a
    6-4  disability or life-threatening illness, who is denied services as a
    6-5  result of established conditions of the plan, limitations of
    6-6  coverage, network configuration, or requirements for participating
    6-7  specialists.  Such written screening criteria and review procedures
    6-8  shall be available for review and inspection by the commissioner
    6-9  and copying as necessary for the commissioner to carry out his or
   6-10  her lawful duties under this code, provided, however, that any
   6-11  information obtained or acquired under the authority of this
   6-12  subsection and article is confidential and privileged and not
   6-13  subject to the open records law or subpoena except to the extent
   6-14  necessary for the board or commissioner to enforce this article.
   6-15        SECTION 3.  Sections 14(g) and (h), Article 21.58A, Insurance
   6-16  Code, are amended to read as follows:
   6-17        (g)  This <A health maintenance organization is not subject
   6-18  to this article except as expressly provided in this subsection and
   6-19  Subsection (i) of this section.  If such health maintenance
   6-20  organization performs utilization review as defined herein, it
   6-21  shall, as a condition of licensure:>
   6-22              <(1)  comply with Sections 4(b), (c), (e), (f), (h),
   6-23  (i), and (l) of this article, and the board shall promulgate rules
   6-24  for appropriate verification and enforcement of compliance.
   6-25  However, nothing in this> article does not <shall be construed to>
   6-26  prohibit or limit the distribution of a proportion of the savings
   6-27  from the reduction or elimination of unnecessary medical services,
   6-28  treatment, supplies, confinements, or days of confinement in a
   6-29  health care facility through profit sharing, bonus, or withhold
   6-30  arrangements to participating physicians or participating health
   6-31  care providers for rendering health care services to enrollees<;>
   6-32              <(2)  establish and maintain a system for:>
   6-33                    <(A)  handling and responding to complaints by
   6-34  enrollees, patients, or health care providers;>
   6-35                    <(B)  providing health care providers with notice
   6-36  of medical necessity or program requirements that have not been
   6-37  met, including a reasonable opportunity to discuss the plan of
   6-38  treatment and clinical basis for a utilization review determination
   6-39  with a physician; and>
   6-40                    <(C)  providing the enrollee, patient, and health
   6-41  care provider an opportunity to appeal the determination; and>
   6-42              <(3)  submit to assessment of maintenance taxes under
   6-43  Article 20A.33, Texas Health Maintenance Organization Act (Article
   6-44  20A.33, Vernon's Texas Insurance Code), to cover the costs of
   6-45  administering compliance of health maintenance organizations under
   6-46  this section>.
   6-47        (h)  An insurer or health maintenance organization which
   6-48  delivers or issues for delivery a health insurance policy or
   6-49  evidence of coverage in Texas and is subject to this code is not
   6-50  subject to this article except as expressly provided in this
   6-51  subsection and Subsection (i) of this section.  If an insurer
   6-52  performs utilization review as defined herein it shall, as a
   6-53  condition of licensure, comply with Sections 4 through 8 of this
   6-54  article, and the board shall promulgate rules for appropriate
   6-55  verification and enforcement of compliance.  If a health
   6-56  maintenance organization performs utilization review as defined in
   6-57  this article, it shall, as a condition of licensure, comply with
   6-58  this article, and the board shall adopt rules for appropriate
   6-59  verification and enforcement of compliance.  Such insurers and
   6-60  health maintenance organizations shall be subject to assessment of
   6-61  maintenance tax under Article 4.17 of this code or Section 33,
   6-62  Texas Health Maintenance Organization Act (Article 20A.33, Vernon's
   6-63  Texas Insurance Code), to cover the costs of administering
   6-64  compliance of insurers and health maintenance organizations under
   6-65  this section.
   6-66        SECTION 4.  Section 161.091(f), Health and Safety Code, is
   6-67  amended to read as follows:
   6-68        (f)  This section shall not apply to licensed insurers,
   6-69  governmental entities, including intergovernmental risk pools
   6-70  established under Chapter 172, Local Government Code, and
    7-1  institutions as defined in the Texas State College and University
    7-2  Employees Uniform Insurance Benefits Act (Article 3.50-3, Vernon's
    7-3  Texas Insurance Code), group hospital service corporations,
    7-4  preferred provider organizations, or health maintenance
    7-5  organizations which reimburse, provide, offer to provide, or
    7-6  administer hospital, medical, dental, or other health-related
    7-7  benefits under a health benefits plan for which it is the payor.
    7-8        SECTION 5.  (a)  This Act takes effect September 1, 1995.
    7-9        (b)  This Act applies only to coverage under a managed care
   7-10  plan that is delivered, issued for delivery, or renewed on or after
   7-11  June 1, 1996.  Coverage under a managed care plan that is
   7-12  delivered, issued for delivery, or renewed before June 1, 1996, is
   7-13  governed by the law as it existed immediately before the effective
   7-14  date of this Act, and that law is continued in effect for that
   7-15  purpose.
   7-16        (c)  This Act applies only to credentialing of health care
   7-17  providers under a managed care plan on or after June 1, 1996.
   7-18  Credentialing of health care providers before June 1, 1996, is
   7-19  governed by the law as it existed immediately before the effective
   7-20  date of this Act, and that law is continued in effect for that
   7-21  purpose.
   7-22        (d)  Subdivision (4) of Article 21.102, Insurance Code, as
   7-23  added by Section 1 of this Act, takes effect only if H.B. 3111,
   7-24  74th Legislature, Regular Session, or similar legislation
   7-25  authorizing nonprofit health corporations, does not become law.  If
   7-26  H.B. 3111 or similar legislation does become law, that provision,
   7-27  as added by Section 1 of this Act, has no effect.
   7-28        (e)  Contingent on the passage of H.B. 3111, 74th
   7-29  Legislature, Regular Session, or similar legislation authorizing
   7-30  nonprofit health corporations, Article 21.102, Insurance Code, as
   7-31  added by this Act, is amended by adding Subdivision (4) to read as
   7-32  follows:
   7-33              (4)  "Managed care entity" means an insurance company
   7-34  authorized to do business in this state only to the extent that the
   7-35  insurance company is engaged in providing a managed care plan, a
   7-36  group hospital service corporation licensed under Chapter 20 of
   7-37  this code, an approved nonprofit health corporation that holds a
   7-38  certificate of authority under Article 21.52F, Insurance Code, or a
   7-39  health maintenance organization licensed under the Texas Health
   7-40  Maintenance Organization Act (Chapter 20A, Vernon's Texas Insurance
   7-41  Code).
   7-42        SECTION 6.  The importance of this legislation and the
   7-43  crowded condition of the calendars in both houses create an
   7-44  emergency and an imperative public necessity that the
   7-45  constitutional rule requiring bills to be read on three several
   7-46  days in each house be suspended, and this rule is hereby suspended.
   7-47                               * * * * *