By Gray H.B. No. 3178 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the certification of providers by health maintenance 1-3 organizations. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subsection (a), Section 6, Texas Health 1-6 Maintenance Organization Act (Article 20A.06, Vernon's Texas 1-7 Insurance Code), is amended to read as follows: 1-8 (a) The powers of a health maintenance organization include, 1-9 but are not limited to, the following: 1-10 (1) the purchase, lease, construction, renovation, 1-11 operation, or maintenance of hospitals, medical facilities, or 1-12 both, and ancillary equipment and such property as may reasonably 1-13 be required for its principal office or for such other purposes as 1-14 may be necessary in the transaction of the business of the health 1-15 maintenance organization; 1-16 (2) the making of loans to a medical group, under an 1-17 independent contract with it in furtherance of its program, or 1-18 corporations under its control, for the purpose of acquiring or 1-19 constructing medical facilities and hospitals, or in the 1-20 furtherance of a program providing health care services to 1-21 enrollees; 1-22 (3) the furnishing of or arranging for medical care 1-23 services only through physicians or groups of physicians who have 2-1 independent contracts with the health maintenance organizations; 2-2 the furnishing of or arranging for the delivery of health care 2-3 services only through providers or groups of providers who are 2-4 under contract with or employed by the health maintenance 2-5 organization or through physicians or providers who have contracted 2-6 for health care services with those physicians or providers, except 2-7 for the furnishing of or authorization for emergency services, 2-8 services by referral, and services to be provided outside of the 2-9 service area as approved by the commissioner; provided, however, 2-10 that a health maintenance organization is not authorized to employ 2-11 or contract with physicians or providers in any manner which is 2-12 prohibited by any licensing law of this state under which such 2-13 physicians or providers are licensed, nor may a health maintenance 2-14 organization require accreditation or certification of providers 2-15 and facilities in excess of Medicare certification; 2-16 (4) the contracting with any person for the 2-17 performance on its behalf of certain functions such as marketing, 2-18 enrollment, and administration; 2-19 (5) the contracting with an insurance company licensed 2-20 in this state, or with a group hospital service corporation 2-21 authorized to do business in the state, for the provision of 2-22 insurance, reinsurance, indemnity, or reimbursement against the 2-23 cost of health care and medical care services provided by the 2-24 health maintenance organization; 2-25 (6) the offering of: 3-1 (A) indemnity benefits covering out-of-area 3-2 emergency services; and 3-3 (B) indemnity benefits in addition to those 3-4 relating to out-of-area and emergency services, provided through 3-5 insurers or group hospital service corporations; 3-6 (7) receiving and accepting from government or private 3-7 agencies payments covering all or part of the cost of the services 3-8 provided or arranged for by the organization; 3-9 (8) all powers given to corporations (including 3-10 professional corporations and associations), partnerships, and 3-11 associations pursuant to their organizational documents which are 3-12 not in conflict with provisions of this Act, or other applicable 3-13 law. 3-14 SECTION 2. Subsection (g), Section 14, Texas Health 3-15 Maintenance Organization Act (Article 20A.14, Vernon's Texas 3-16 Insurance Code), is amended to read as follows: 3-17 (g) No type of provider licensed or otherwise authorized to 3-18 practice in this state may be denied participation to provide 3-19 health care services which are delivered by the health maintenance 3-20 organization and which are within the scope of licensure or 3-21 authorization of the type of provider on the sole basis of type of 3-22 license or authorization, nor may a health maintenance organization 3-23 require a health care provider to have or obtain accreditation or 3-24 certification in excess of Medicare certification. This section 3-25 may not be construed to (1) require a health maintenance 4-1 organization to utilize a particular type of provider in its 4-2 operation; (2) require that a health maintenance organization 4-3 accept each provider of a category or type; or (3) require that 4-4 health maintenance organizations contract directly with such 4-5 providers. Notwithstanding any other provision nothing herein 4-6 shall be construed to limit the health maintenance organization's 4-7 authority to set the terms and conditions under which health care 4-8 services will be rendered by providers. All providers must comply 4-9 with the terms and conditions established by the health maintenance 4-10 organization for the provision of health services and for 4-11 designation as a provider. 4-12 SECTION 3. The importance of this legislation and the 4-13 crowded condition of the calendars in both houses create an 4-14 emergency and an imperative public necessity that the 4-15 constitutional rule requiring bills to be read on three several 4-16 days in each house be suspended, and this rule is hereby suspended.