By:  Patterson                                         S.B. No. 202
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the provision of certain services provided through
    1-2  health maintenance organizations.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 2, Texas Health Maintenance Organization
    1-5  Act (Article 20A.02, Vernon's Texas Insurance Code), is amended by
    1-6  amending Subsections (a), (e), (m), (n), and (s) and by adding
    1-7  Subsections (u), (v), (w), (x), (y), (z), (aa), and (bb) to read as
    1-8  follows:
    1-9        (a)  "Basic health care services" means health care services
   1-10  which an enrolled population might reasonably require in order to
   1-11  be maintained in good health, including, as a minimum, preventive
   1-12  care, emergency care, inpatient and outpatient hospital and medical
   1-13  services, and diagnostic laboratory and diagnostic and therapeutic
   1-14  radiological <outpatient medical> services.
   1-15        (e)  "Evidence of coverage" means any certificate, agreement,
   1-16  or contract, including a blended contract, issued to an enrollee
   1-17  setting out the coverage to which the enrollee is entitled.
   1-18        (m)  "Physician" means:
   1-19              (1)  an individual <anyone> licensed to practice
   1-20  medicine in this state;
   1-21              (2)  a professional association organized under the
   1-22  Texas Professional Association Act (Article 1528f, Vernon's Texas
   1-23  Civil Statutes) or a nonprofit corporation certified under Section
   1-24  5.01, Medical Practice Act (Article 4495b, Vernon's Texas Civil
    2-1  Statutes); or
    2-2              (3)  another person wholly owned by physicians <the
    2-3  State of Texas>.
    2-4        (n)  "Provider" means:
    2-5              (1)  any person <practitioner> other than a physician,
    2-6  including <such as> a licensed doctor of chiropractic, registered
    2-7  nurse, pharmacist, optometrist, pharmacy, hospital, or other
    2-8  institution or organization or person that <furnishes health care
    2-9  services, who> is licensed or otherwise authorized to provide a
   2-10  health care service <practice> in this state;
   2-11              (2)  a person who is wholly owned or controlled by a
   2-12  person described by Subdivision (1) of this subsection or by a
   2-13  group of those persons who are licensed to provide the same health
   2-14  care service; or
   2-15              (3)  a person who is wholly owned or controlled by one
   2-16  or more hospitals and physicians, including a physician-hospital
   2-17  organization.
   2-18        (s)  "Single health care service plan" means a plan under
   2-19  which any person undertakes to provide, arrange for, pay for, or
   2-20  reimburse any part of the cost of a single health care service,
   2-21  provided<,> that a part of the plan consists of arranging for or
   2-22  the provision of the single health care service<,> as distinguished
   2-23  from an indemnification against the cost of that service, on a
   2-24  prepaid basis through insurance or otherwise and that no part of
   2-25  that plan consists of arranging for the provision of more than one
   2-26  health care need of a single specified nature.  A plan that
   2-27  provides only chemical dependency services under Article 3.51-9,
    3-1  Insurance Code, or mental health services under Article 3.51-14,
    3-2  Insurance Code, or both services, is a single health care service
    3-3  plan.
    3-4        (u)  "Point of service arrangement" means an arrangement
    3-5  under which:
    3-6              (1)  an individual may choose to obtain benefits,
    3-7  services, or both benefits and services, other than emergency care
    3-8  services, under either an indemnity plan or a health care plan
    3-9  provided by a health maintenance organization in accordance with
   3-10  specific provisions of a point of service contract; and
   3-11              (2)  indemnity benefits for the cost of the health care
   3-12  services, other than emergency care services, are provided by an
   3-13  insurer or group hospital service corporation in conjunction with
   3-14  corresponding benefits arranged or provided by a health maintenance
   3-15  organization, including a single service health maintenance
   3-16  organization.
   3-17        (v)  "Blended contract" means a single document, including a
   3-18  single contract, policy, certificate, or evidence of coverage, that
   3-19  provides a combination of indemnity and health care plan benefits.
   3-20        (w)  "Capitation" means a method of compensating a physician,
   3-21  group of physicians, provider, group of providers, independent
   3-22  physician association, or health maintenance organization based on
   3-23  a predetermined payment for an enrollee for a month, applicable to
   3-24  certain enrollees in exchange for arranging for or providing, and
   3-25  guaranteeing the provision of, a defined set of covered health care
   3-26  services to those enrollees for a specified period of time, without
   3-27  regard to the amount of services actually provided.
    4-1        (x)  "Capitated person" means a physician, group of
    4-2  physicians, or provider or agent for a physician, group of
    4-3  physicians, or provider who is compensated by capitation under this
    4-4  Act.
    4-5        (y)  "Subscriber" means an individual whose employment or
    4-6  other status, other than family dependency, is the basis for
    4-7  enrollment in the health maintenance organization.
    4-8        (z)  "Independent physician association" means an organized
    4-9  prepaid health care system that contracts directly with one or more
   4-10  of the following entities:
   4-11              (1)  physicians in independent practice;
   4-12              (2)  one or more associations of physicians in
   4-13  independent practice; or
   4-14              (3)  one or more specialty group practices.
   4-15        (aa)  "Single service health maintenance organization" means
   4-16  a health maintenance organization that arranges for or provides a
   4-17  single health care service plan.
   4-18        (bb)  "Health maintenance organization delivery network"
   4-19  means a health care delivery system in which a health maintenance
   4-20  organization arranges for health care services directly or
   4-21  indirectly through contracts and subcontracts with providers and
   4-22  physicians.
   4-23        SECTION 2.  Subsection (a), Section 6, Texas Health
   4-24  Maintenance Organization Act (Article 20A.06, Vernon's Texas
   4-25  Insurance Code), is amended to read as follows:
   4-26        (a)  The powers of a health maintenance organization include,
   4-27  but are not limited to, the following:
    5-1              (1)  the purchase, lease, construction, renovation,
    5-2  operation, or maintenance of hospitals, medical facilities, or
    5-3  both, and ancillary equipment and such property as may reasonably
    5-4  be required for its principal office or for such other purposes as
    5-5  may be necessary in the transaction of the business of the health
    5-6  maintenance organization;
    5-7              (2)  the making of loans to a medical group, under an
    5-8  independent contract with it in furtherance of its program, or
    5-9  corporations under its control, for the purpose of acquiring or
   5-10  constructing medical facilities and hospitals, or in the
   5-11  furtherance of a program providing health care services to
   5-12  enrollees;
   5-13              (3)  the furnishing of or arranging for medical care
   5-14  services only through other health maintenance organizations or
   5-15  physicians or groups of physicians who have independent contracts
   5-16  with a <the> health maintenance organization <organizations>; the
   5-17  furnishing of or arranging for the delivery of health care services
   5-18  only through other health maintenance organizations or providers or
   5-19  groups of providers who are under contract with or employed by a
   5-20  <the> health maintenance organization or through other health
   5-21  maintenance organizations or physicians or providers who have
   5-22  contracted for health care services with those other health
   5-23  maintenance organizations or physicians or providers, except for
   5-24  the furnishing of or authorization for emergency services, services
   5-25  by referral, and services to be provided outside of the service
   5-26  area as approved by the commissioner; provided, however, that a
   5-27  health maintenance organization is not authorized to employ or
    6-1  contract with other health maintenance organizations or physicians
    6-2  or providers in any manner which is prohibited by any licensing law
    6-3  of this state under which such health maintenance organizations or
    6-4  physicians or providers are licensed;
    6-5              (4)  the contracting with any person for the
    6-6  performance on its behalf of certain functions such as marketing,
    6-7  enrollment, and administration;
    6-8              (5)  the contracting with an insurance company licensed
    6-9  in this state, or with a group hospital service corporation
   6-10  authorized to do business in the state, for the provision of
   6-11  insurance, reinsurance, indemnity, or reimbursement against the
   6-12  cost of health care and medical care services provided by the
   6-13  health maintenance organization;
   6-14              (6)  the offering of:
   6-15                    (A)  indemnity benefits covering out-of-area
   6-16  emergency services; <and>
   6-17                    (B)  indemnity benefits in addition to those
   6-18  relating to out-of-area and emergency services, provided through
   6-19  insurers or group hospital service corporations;
   6-20                    (C)  a point of service arrangement by
   6-21  contracting with an insurer or group hospital service corporation
   6-22  to provide indemnity benefits, including optional coverages for
   6-23  out-of-area services or out-of-network care;
   6-24                    (D)  a blended contract to an enrollee; and
   6-25                    (E)  an evidence of coverage, as a single
   6-26  document, that provides for coverage under one or more health care
   6-27  plans or single health care service plans;
    7-1              (7)  receiving and accepting from government or private
    7-2  agencies payments covering all or part of the cost of the services
    7-3  provided or arranged for by the organization;
    7-4              (8)  the paying of compensation to a physician,
    7-5  independent physician association, provider, or other health
    7-6  maintenance organization based on a fee-for-service arrangement, a
    7-7  risk-sharing arrangement, or a capitation arrangement;
    7-8              (9)  the furnishing of or arranging for mental health
    7-9  services under Article 3.51-14, Insurance Code, or chemical
   7-10  dependency services under Article 3.51-9, Insurance Code, through a
   7-11  contract with a single service health maintenance organization; and
   7-12              (10)  all powers given to corporations (including
   7-13  professional corporations and associations), partnerships, and
   7-14  associations pursuant to their organizational documents which are
   7-15  not in conflict with provisions of this Act, or other applicable
   7-16  law.
   7-17        SECTION 3.  Section 9, Texas Health Maintenance Organization
   7-18  Act (Article 20A.09, Vernon's Texas Insurance Code), is amended by
   7-19  amending Subsections (b) and (f) and by adding Subsection (k) to
   7-20  read as follows:
   7-21        (b)  The formula or method for calculating the schedule of
   7-22  charges for enrollee coverage for medical services or health care
   7-23  services must be filed with the commissioner before it is used in
   7-24  conjunction with any health care plan.  The formula or method must
   7-25  be established in accordance with actuarial principles for the
   7-26  various categories of enrollees.  The charges resulting from the
   7-27  application of the formula or method may not be altered for an
    8-1  individual enrollee based on the status of that enrollee's health,
    8-2  except that the charges may be based on the age and gender of an
    8-3  individual enrollee and the enrollee's dependents for an individual
    8-4  contract.  The formula or method must produce charges that are not
    8-5  excessive, inadequate, or unfairly discriminatory, and benefits
    8-6  must be reasonable with respect to the rates produced by the
    8-7  formula or method.  A statement by a qualified actuary that
    8-8  certifies the appropriateness of the formula or method must
    8-9  accompany the filing together with supporting information
   8-10  considered adequate by the commissioner.
   8-11        (f)  Article 3.51-9, <of the Texas> Insurance Code, applies
   8-12  to health maintenance organizations offering basic health care
   8-13  services and to single service <other than those> health
   8-14  maintenance organizations offering chemical dependency services
   8-15  <only a single health care service plan>.
   8-16        (k)  A health maintenance organization shall offer and make
   8-17  available to each enrollee, on termination of coverage, a standard
   8-18  continuation and conversion policy, as determined by the plan, the
   8-19  benefits of which meet or exceed the minimum benefit requirements
   8-20  provided by 42 C.F.R. Section 417.101.
   8-21        SECTION 4.  Section 22, Texas Health Maintenance Organization
   8-22  Act (Article 20A.22, Vernon's Texas Insurance Code), is amended by
   8-23  adding Subsections (c) and (d) to read as follows:
   8-24        (c)  The commissioner may adopt rules concerning the
   8-25  development of minimum benefit levels, not to exceed the minimum
   8-26  requirements provided by 42 C.F.R. Section 417.101, for coverage
   8-27  offered by a health maintenance organization, including
    9-1  continuation, conversion, and individual coverage.
    9-2        (d)  The rulemaking authority granted by Subsection (c) of
    9-3  this section does not limit the rulemaking authority granted under
    9-4  Subsection (a) of this section.
    9-5        SECTION 5.  Article 3.51-14, Insurance Code, is amended by
    9-6  adding Section 4 to read as follows:
    9-7        Sec. 4.  SINGLE SERVICE HEALTH MAINTENANCE ORGANIZATIONS;
    9-8  EXCEPTION.  (a)  In this section, "basic health care services" and
    9-9  "single service health maintenance organization" have the meanings
   9-10  assigned by Section 2, Texas Health Maintenance Organization Act
   9-11  (Article 20A.02, Vernon's Texas Insurance Code).
   9-12        (b)  An entity subject to Section 2 of this article may
   9-13  satisfy the requirements of this article by offering and making
   9-14  available the coverage required under this article through a
   9-15  contract with a single service health maintenance organization.  A
   9-16  single service health maintenance organization shall offer and make
   9-17  available the same level of coverage under Section 3 of this
   9-18  article as is required of a health maintenance organization
   9-19  offering basic health care services.
   9-20        (c)  A single service health maintenance organization that
   9-21  provides only mental health services or chemical dependency
   9-22  services, or both, is subject to this article and shall offer and
   9-23  make available the same level of coverage under Section 3 of this
   9-24  article as is required of a health maintenance organization
   9-25  offering basic health care services.
   9-26        (d)  A single service health maintenance organization may
   9-27  also offer and make available different levels of coverage for
   10-1  mental health services in addition to the level of coverage
   10-2  required under Section 3 of this article, but the coverage must be
   10-3  at least as favorable as the minimum requirements provided by 42
   10-4  C.F.R. Section 417.101(a)(4) for qualification of health
   10-5  maintenance organizations.
   10-6        SECTION 6.  Section 2A, Article 3.51-9, Insurance Code, is
   10-7  amended by amending Subsection (e) and by adding Subsection (f) to
   10-8  read as follows:
   10-9        (e)  In <For purposes of> this section:
  10-10              (1)  "Chemical<, the term "chemical> dependency
  10-11  treatment center" means a facility which provides a program for the
  10-12  treatment of chemical dependency pursuant to a written treatment
  10-13  plan approved and monitored by a physician and which facility is
  10-14  also:
  10-15                    (A) <(1)>  affiliated with a hospital under a
  10-16  contractual agreement with an established system for patient
  10-17  referral; <or>
  10-18                    (B) <(2)>  accredited as such a facility by the
  10-19  Joint Commission on Accreditation of Hospitals; <or>
  10-20                    (C) <(3)>  licensed as a chemical dependency
  10-21  treatment program by the Texas Commission on Alcohol and Drug
  10-22  Abuse; or
  10-23                    (D) <(4)>  licensed, certified, or approved as a
  10-24  chemical dependency treatment program or center by any other state
  10-25  agency having legal authority to so license, certify, or approve.
  10-26              (2)  "Single service health maintenance organization"
  10-27  has the meaning assigned by Section 2, Texas Health Maintenance
   11-1  Organization Act (Article 20A.02, Vernon's Texas Insurance Code).
   11-2        (f)  An entity subject to this section may provide the
   11-3  coverage required under this article through a contract with a
   11-4  single service health maintenance organization.  A single service
   11-5  health maintenance organization shall provide the same level of
   11-6  coverage under this section as is required of a health maintenance
   11-7  organization offering basic health care services.
   11-8        SECTION 7.  Subchapter F, Chapter 3, Insurance Code, is
   11-9  amended by adding Article 3.64 to read as follows:
  11-10        Art. 3.64.  INSURERS CONTRACTING WITH HEALTH MAINTENANCE
  11-11  ORGANIZATIONS.  (a)  In this article:
  11-12              (1)  "Insurance carrier" means an insurance company,
  11-13  group hospital service corporation, association, or organization
  11-14  authorized to do business in this state under this chapter or
  11-15  Chapter 8, 10, 11, 12, 13, 14, 15, 18, 19, 20, or 22 of this code.
  11-16              (2)  "Health maintenance organization" has the meaning
  11-17  assigned by Section 2, Texas Health Maintenance Organization Act
  11-18  (Article 20A.02, Vernon's Texas Insurance Code).
  11-19              (3)  "Point of service arrangement" means an
  11-20  arrangement under which:
  11-21                    (A)  an individual may choose to obtain benefits,
  11-22  services, or both benefits and services, other than emergency care
  11-23  services, under either an indemnity plan or a health care plan
  11-24  provided by a health maintenance organization in accordance with
  11-25  specific provisions of a point of service contract; and
  11-26                    (B)  indemnity benefits for the cost of the
  11-27  health care services, other than emergency care services, are
   12-1  provided by an insurer or group hospital service corporation in
   12-2  conjunction with corresponding benefits arranged or provided by a
   12-3  health maintenance organization, including a single service health
   12-4  maintenance organization.
   12-5              (4)  "Blended contract" means a single document,
   12-6  including a single contract, policy, certificate, or evidence of
   12-7  coverage, that provides a combination of indemnity and health care
   12-8  plan benefits provided by a health maintenance organization.
   12-9        (b)  An insurance carrier may contract with a health
  12-10  maintenance organization to provide a point of service arrangement,
  12-11  including optional coverages for out-of-area services or
  12-12  out-of-network care.
  12-13        (c)  An insurance carrier and a health maintenance
  12-14  organization may offer a blended contract if indemnity benefits are
  12-15  combined with health care plan benefits offered by the health
  12-16  maintenance organization.  The use of a blended contract is limited
  12-17  to point of service arrangements between an insurance carrier and a
  12-18  health maintenance organization, and to point of service and
  12-19  contracting arrangements between an insurance carrier and a single
  12-20  service health maintenance organization as approved by the
  12-21  commissioner.  An insurance carrier may not use a blended contract
  12-22  for a purpose other than as provided by this article.
  12-23        (d)  A blended contract delivered, issued, or used in this
  12-24  state is subject to and must be filed with the department for
  12-25  approval as provided by Article 3.42 of this code and Section 9,
  12-26  Texas Health Maintenance Organization Act (Article 20A.09, Vernon's
  12-27  Texas Insurance Code).
   13-1        (e)  The commissioner may adopt rules to implement this
   13-2  article.
   13-3        SECTION 8.  (a)  An existing organization that provides only
   13-4  mental health services and substance abuse services that is
   13-5  required by the Texas Health Maintenance Organization Act (Chapter
   13-6  20A, Vernon's Texas Insurance Code) to apply for a certificate of
   13-7  authority to operate as a health maintenance organization shall
   13-8  submit an application as provided by the Texas Health Maintenance
   13-9  Organization Act (Chapter 20A, Vernon's Texas Insurance Code).  The
  13-10  application must be postmarked not later than 5 p.m. on December
  13-11  31, 1995.  An applicant may continue to operate until the
  13-12  Commissioner of Insurance acts on the application.  If an
  13-13  application is denied, the applicant shall be treated as a health
  13-14  maintenance organization whose certificate of authority has been
  13-15  revoked.
  13-16        (b)  This Act takes effect September 1, 1995, and applies
  13-17  only to an insurance policy, contract, or self-funded or
  13-18  self-insured plan, program, or arrangement that is delivered,
  13-19  issued for delivery, or renewed on or after January 1, 1996.  An
  13-20  insurance policy, contract, or self-funded or self-insured plan,
  13-21  program, or arrangement that is delivered, issued for delivery, or
  13-22  renewed before January 1, 1996, is governed by the law as it
  13-23  existed immediately before the effective date of this  Act, and
  13-24  that law is continued in effect for that purpose.
  13-25        SECTION 9.  The importance of this legislation and the
  13-26  crowded condition of the calendars in both houses create an
  13-27  emergency and an imperative public necessity that the
   14-1  constitutional rule requiring bills to be read on three several
   14-2  days in each house be suspended, and this rule is hereby suspended.