By Berlanga H.R. No. 1086
74R14042 PFG-D
R E S O L U T I O N
1-1 WHEREAS, The members of a dental provider plan purchase
1-2 dental care at a discounted or predetermined rate from the network
1-3 of participating dentists in the plan; however, unlike traditional
1-4 health insurance, these plans do not prepay participating dentists
1-5 or offer indemnification or reimbursement for the cost of dental
1-6 care; and
1-7 WHEREAS, Dental provider organizations in Texas recognize an
1-8 urgent need to clarify this distinction and to set firm standards
1-9 for the industry that will enable consumers to make informed
1-10 decisions about this vital component of the health care system;
1-11 now, therefore, be it
1-12 RESOLVED, That the House of Representatives of the 74th Texas
1-13 Legislature hereby recommend that the Texas Department of Insurance
1-14 in conjunction with dental provider organizations in the state
1-15 develop a clear set of guidelines and minimum standards for dental
1-16 provider organizations to adhere to in order to ensure the solvency
1-17 and efficiency of the industry and to provide adequate information
1-18 and protection to dental plan members; and, be it further
1-19 RESOLVED, That these guidelines direct each dental provider
1-20 organization in the state to make readily available a copy of the
1-21 following information to confirm its financial soundness and the
1-22 adequacy of its management and dental provider plan: a copy of its
1-23 articles of incorporation, articles of association, partnership
1-24 agreement, trust agreement, or other organizational document,
2-1 assumed name documents, and all amendments; a copy of the
2-2 organization's rules, bylaws, or similar documents regulating
2-3 internal affairs; a list of names, addresses, and official
2-4 positions of the persons in authority, including members of the
2-5 board of directors, board of trustees, executive committee, or
2-6 other governing body or committee, the principal officers if a
2-7 corporation, and the partners or members if a partnership or
2-8 association; a sample copy of the form of contract between a
2-9 dentist, other provider, marketing representative, or person in
2-10 authority; a current audited financial statement; and a description
2-11 of the geographic or metropolitan area served; and, be it further
2-12 RESOLVED, That the guidelines direct dental care providers to
2-13 furnish each member with a complete and easily understood schedule
2-14 of dental care service fees and a list of participating dentists in
2-15 the member's geographical area; the schedule should inform the
2-16 member that the dental provider plan does not constitute dental
2-17 insurance and is not a health maintenance organization contract and
2-18 that the dental provider organization does not reimburse the
2-19 dentists or indemnify its members for the cost of dental care
2-20 services; and, be it further
2-21 RESOLVED, That the guidelines direct dental provider
2-22 organizations to establish a reasonable system for the resolution
2-23 of complaints by members and to furnish information about the
2-24 complaint resolution system; and, be it further
2-25 RESOLVED, That the guidelines direct dental provider
2-26 organizations to maintain a minimum surplus of $100,000, valued
2-27 following generally accepted accounting principles, and to post a
3-1 surety bond with the state treasury in the amount of $100,000 to
3-2 secure the debts and obligations of the organization to its
3-3 members, making a copy of the bond readily available; and, be it
3-4 further
3-5 RESOLVED, That the guidelines strongly discourage a dental
3-6 provider organization from deliberately allowing the use of false
3-7 or misleading advertising, solicitations, or fee schedules and
3-8 require that an organization state in its marketing or advertising
3-9 materials that the dental provider plan does not constitute dental
3-10 insurance or a health maintenance organization contract and that
3-11 the dental provider organization does not reimburse the dentists or
3-12 indemnify its members for the cost of dental care services; and, be
3-13 it further
3-14 RESOLVED, That the Texas Department of Insurance prepare a
3-15 report on the compliance of dental provider organizations with
3-16 these guidelines, that the report be submitted to the governor, the
3-17 lieutenant governor, the speaker of the house, and the legislature
3-18 not later than August 31, 1996, and that a follow-up report be
3-19 submitted by January 15, 1997.