1-1  By:  Patterson                                         S.B. No. 202
    1-2        (In the Senate - Filed January 12, 1995; January 18, 1995,
    1-3  read first time and referred to Committee on Economic Development;
    1-4  April 28, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 8, Nays 0; April 28, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 202                By:  Patterson
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the provision of certain services provided through
   1-11  health maintenance organizations.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Section 2, Texas Health Maintenance Organization
   1-14  Act (Article 20A.02, Vernon's Texas Insurance Code), is amended by
   1-15  amending Subsections (a), (e), (m), (n), and (s) and by adding
   1-16  Subsections (u), (v), (w), (x), (y), (z), (aa), and (bb) to read as
   1-17  follows:
   1-18        (a)  "Basic health care services" means health care services
   1-19  which an enrolled population might reasonably require in order to
   1-20  be maintained in good health, including, as a minimum, preventive
   1-21  care, emergency care, inpatient and outpatient hospital and medical
   1-22  services, and diagnostic laboratory and diagnostic and therapeutic
   1-23  radiological <outpatient medical> services.
   1-24        (e)  "Evidence of coverage" means any certificate, agreement,
   1-25  or contract, including a blended contract, issued to an enrollee
   1-26  setting out the coverage to which the enrollee is entitled.
   1-27        (m)  "Physician" means:
   1-28              (1)  an individual <anyone> licensed to practice
   1-29  medicine in this state;
   1-30              (2)  a professional association organized under the
   1-31  Texas Professional Association Act (Article 1528f, Vernon's Texas
   1-32  Civil Statutes) or a nonprofit corporation certified under Section
   1-33  5.01, Medical Practice Act (Article 4495b, Vernon's Texas Civil
   1-34  Statutes); or
   1-35              (3)  another person wholly owned by physicians <the
   1-36  State of Texas>.
   1-37        (n)  "Provider" means:
   1-38              (1)  any person <practitioner> other than a physician,
   1-39  including <such as> a licensed doctor of chiropractic, registered
   1-40  nurse, pharmacist, optometrist, pharmacy, hospital, or other
   1-41  institution or organization or person that <furnishes health care
   1-42  services, who> is licensed or otherwise authorized to provide a
   1-43  health care service <practice> in this state;
   1-44              (2)  a person who is wholly owned or controlled by a
   1-45  person described by Subdivision (1) of this subsection or by a
   1-46  group of those persons who are licensed to provide the same health
   1-47  care service; or
   1-48              (3)  a person who is wholly owned or controlled by one
   1-49  or more hospitals and physicians, including a physician-hospital
   1-50  organization.
   1-51        (s)  "Single health care service plan" means a plan under
   1-52  which any person undertakes to provide, arrange for, pay for, or
   1-53  reimburse any part of the cost of a single health care service,
   1-54  provided<,> that a part of the plan consists of arranging for or
   1-55  the provision of the single health care service<,> as distinguished
   1-56  from an indemnification against the cost of that service, on a
   1-57  prepaid basis through insurance or otherwise and that no part of
   1-58  that plan consists of arranging for the provision of more than one
   1-59  health care need of a single specified nature.  A plan that
   1-60  provides only chemical dependency services under Article 3.51-9,
   1-61  Insurance Code, or mental health services under Article 3.51-14,
   1-62  Insurance Code, or both services, is a single health care service
   1-63  plan.
   1-64        (u)  "Point of service arrangement" means an arrangement
   1-65  under which:
   1-66              (1)  an individual may choose to obtain benefits,
   1-67  services, or both benefits and services, other than emergency care
   1-68  services, under either an indemnity plan or a health care plan
    2-1  provided by a health maintenance organization in accordance with
    2-2  specific provisions of a point of service contract; and
    2-3              (2)  indemnity benefits for the cost of the health care
    2-4  services, other than emergency care services, are provided by an
    2-5  insurer or group hospital service corporation in conjunction with
    2-6  corresponding benefits arranged or provided by a health maintenance
    2-7  organization, including a single service health maintenance
    2-8  organization.
    2-9        (v)  "Blended contract" means a single document, including a
   2-10  single contract, policy, certificate, or evidence of coverage, that
   2-11  provides a combination of indemnity and health care plan benefits.
   2-12        (w)  "Capitation" means a method of compensating a physician,
   2-13  group of physicians, provider, group of providers, independent
   2-14  physician association, or health maintenance organization based on
   2-15  a predetermined payment for an enrollee for a month, applicable to
   2-16  certain enrollees in exchange for arranging for or providing, and
   2-17  guaranteeing the provision of, a defined set of covered health care
   2-18  services to those enrollees for a specified period of time, without
   2-19  regard to the amount of services actually provided.
   2-20        (x)  "Capitated person" means a physician, group of
   2-21  physicians, or provider or agent for a physician, group of
   2-22  physicians, or provider who is compensated by capitation under this
   2-23  Act.
   2-24        (y)  "Subscriber" means an individual whose employment or
   2-25  other status, other than family dependency, is the basis for
   2-26  enrollment in the health maintenance organization.
   2-27        (z)  "Independent physician association" means an organized
   2-28  prepaid health care system that contracts directly with one or more
   2-29  of the following entities:
   2-30              (1)  physicians in independent practice;
   2-31              (2)  one or more associations of physicians in
   2-32  independent practice; or
   2-33              (3)  one or more specialty group practices.
   2-34        (aa)  "Single service health maintenance organization" means
   2-35  a health maintenance organization that arranges for or provides a
   2-36  single health care service plan.
   2-37        (bb)  "Health maintenance organization delivery network"
   2-38  means a health care delivery system in which a health maintenance
   2-39  organization arranges for health care services directly or
   2-40  indirectly through contracts and subcontracts with providers and
   2-41  physicians.
   2-42        SECTION 2.  Subsection (a), Section 6, Texas Health
   2-43  Maintenance Organization Act (Article 20A.06, Vernon's Texas
   2-44  Insurance Code), is amended to read as follows:
   2-45        (a)  The powers of a health maintenance organization include,
   2-46  but are not limited to, the following:
   2-47              (1)  the purchase, lease, construction, renovation,
   2-48  operation, or maintenance of hospitals, medical facilities, or
   2-49  both, and ancillary equipment and such property as may reasonably
   2-50  be required for its principal office or for such other purposes as
   2-51  may be necessary in the transaction of the business of the health
   2-52  maintenance organization;
   2-53              (2)  the making of loans to a medical group, under an
   2-54  independent contract with it in furtherance of its program, or
   2-55  corporations under its control, for the purpose of acquiring or
   2-56  constructing medical facilities and hospitals, or in the
   2-57  furtherance of a program providing health care services to
   2-58  enrollees;
   2-59              (3)  the furnishing of or arranging for medical care
   2-60  services only through other health maintenance organizations or
   2-61  physicians or groups of physicians who have independent contracts
   2-62  with a <the> health maintenance organization <organizations>; the
   2-63  furnishing of or arranging for the delivery of health care services
   2-64  only through other health maintenance organizations or providers or
   2-65  groups of providers who are under contract with or employed by a
   2-66  <the> health maintenance organization or through other health
   2-67  maintenance organizations or physicians or providers who have
   2-68  contracted for health care services with those other health
   2-69  maintenance organizations or physicians or providers, except for
   2-70  the furnishing of or authorization for emergency services, services
    3-1  by referral, and services to be provided outside of the service
    3-2  area as approved by the commissioner; provided, however, that a
    3-3  health maintenance organization is not authorized to employ or
    3-4  contract with other health maintenance organizations or physicians
    3-5  or providers in any manner which is prohibited by any licensing law
    3-6  of this state under which such health maintenance organizations or
    3-7  physicians or providers are licensed;
    3-8              (4)  the contracting with any person for the
    3-9  performance on its behalf of certain functions such as marketing,
   3-10  enrollment, and administration;
   3-11              (5)  the contracting with an insurance company licensed
   3-12  in this state, or with a group hospital service corporation
   3-13  authorized to do business in the state, for the provision of
   3-14  insurance, reinsurance, indemnity, or reimbursement against the
   3-15  cost of health care and medical care services provided by the
   3-16  health maintenance organization;
   3-17              (6)  the offering of:
   3-18                    (A)  indemnity benefits covering out-of-area
   3-19  emergency services; <and>
   3-20                    (B)  indemnity benefits in addition to those
   3-21  relating to out-of-area and emergency services, provided through
   3-22  insurers or group hospital service corporations;
   3-23                    (C)  a point of service arrangement by
   3-24  contracting with an insurer or group hospital service corporation
   3-25  to provide indemnity benefits, including optional coverages for
   3-26  out-of-area services or out-of-network care;
   3-27                    (D)  a blended contract to an enrollee; and
   3-28                    (E)  an evidence of coverage, as a single
   3-29  document, that provides for coverage under one or more health care
   3-30  plans or single health care service plans;
   3-31              (7)  receiving and accepting from government or private
   3-32  agencies payments covering all or part of the cost of the services
   3-33  provided or arranged for by the organization;
   3-34              (8)  the paying of compensation to a physician,
   3-35  independent physician association, provider, or other health
   3-36  maintenance organization based on a fee-for-service arrangement, a
   3-37  risk-sharing arrangement, or a capitation arrangement;
   3-38              (9)  the furnishing of or arranging for mental health
   3-39  services under Article 3.51-14, Insurance Code, or chemical
   3-40  dependency services under Article 3.51-9, Insurance Code, through a
   3-41  contract with a single service health maintenance organization; and
   3-42              (10)  all powers given to corporations (including
   3-43  professional corporations and associations), partnerships, and
   3-44  associations pursuant to their organizational documents which are
   3-45  not in conflict with provisions of this Act, or other applicable
   3-46  law.
   3-47        SECTION 3.  Section 9, Texas Health Maintenance Organization
   3-48  Act (Article 20A.09, Vernon's Texas Insurance Code), is amended by
   3-49  amending Subsections (b) and (f) and by adding Subsection (k) to
   3-50  read as follows:
   3-51        (b)  The formula or method for calculating the schedule of
   3-52  charges for enrollee coverage for medical services or health care
   3-53  services must be filed with the commissioner before it is used in
   3-54  conjunction with any health care plan.  The formula or method must
   3-55  be established in accordance with actuarial principles for the
   3-56  various categories of enrollees.  The charges resulting from the
   3-57  application of the formula or method may not be altered for an
   3-58  individual enrollee based on the status of that enrollee's health,
   3-59  except that the charges may be based on the age and gender of an
   3-60  individual enrollee and the enrollee's dependents for an individual
   3-61  contract.  The formula or method must produce charges that are not
   3-62  excessive, inadequate, or unfairly discriminatory, and benefits
   3-63  must be reasonable with respect to the rates produced by the
   3-64  formula or method.  A statement by a qualified actuary that
   3-65  certifies the appropriateness of the formula or method must
   3-66  accompany the filing together with supporting information
   3-67  considered adequate by the commissioner.
   3-68        (f)  Article 3.51-9, <of the Texas> Insurance Code, applies
   3-69  to health maintenance organizations offering basic health care
   3-70  services and to single service <other than those> health
    4-1  maintenance organizations offering chemical dependency services
    4-2  <only a single health care service plan>.
    4-3        (k)  A health maintenance organization shall offer and make
    4-4  available to each enrollee, on termination of coverage, a privilege
    4-5  to continue with group coverage or to convert to coverage with at
    4-6  least two standard benefit plans established by rule adopted by the
    4-7  commissioner.  Coverage under this subsection shall be provided
    4-8  without:
    4-9              (1)  evidence of insurability; or
   4-10              (2)  a new preexisting condition, limitation, or
   4-11  exclusion.
   4-12        SECTION 4.  Section 22, Texas Health Maintenance Organization
   4-13  Act (Article 20A.22, Vernon's Texas Insurance Code), is amended by
   4-14  adding Subsections (c) and (d) to read as follows:
   4-15        (c)  The commissioner may adopt rules as the commissioner
   4-16  considers to be appropriate concerning:
   4-17              (1)  standardization of benefits for coverage offered
   4-18  by a health maintenance organization, including conversion,
   4-19  continuation, and individual coverage; and
   4-20              (2)  formulas and methods for calculating the schedule
   4-21  of charges for enrollee coverage issued on a group and an
   4-22  individual basis.
   4-23        (d)  The rulemaking authority granted by Subsection (c) of
   4-24  this section does not limit the rulemaking authority granted under
   4-25  Subsection (a) of this section.
   4-26        SECTION 5.  Subsection (f), Section 26, Texas Health
   4-27  Maintenance Organization Act (Article 20A.26, Vernon's Texas
   4-28  Insurance Code), is amended by adding Subdivision (5) to read as
   4-29  follows:
   4-30              (5)  This Act does not apply to a person to the extent
   4-31  that person is a physician, group of physicians, or provider who
   4-32  provides or arranges to provide health care services or medical
   4-33  care directly or indirectly through a contract or subcontract with
   4-34  a health maintenance organization that holds a certificate of
   4-35  authority under this Act.
   4-36        SECTION 6.  Subsection (h), Section 26, Texas Health
   4-37  Maintenance Organization Act (Article 20A.26, Vernon's Texas
   4-38  Insurance Code), is amended to read as follows:
   4-39        (h)  The <Activities permitted under authority of Chapter
   4-40  491, Acts of the 52nd Legislature, 1951, as amended, shall not be
   4-41  considered subject to the provisions of this Act nor shall the>
   4-42  provisions of the Insurance Code are <Chapter 491, Acts of the 52nd
   4-43  Legislature, 1951, be> applicable to organizations permitted under
   4-44  the authority of this Act.
   4-45        SECTION 7.  Article 3.51-14, Insurance Code, is amended by
   4-46  adding Section 4 to read as follows:
   4-47        Sec. 4.  SINGLE SERVICE HEALTH MAINTENANCE ORGANIZATIONS;
   4-48  EXCEPTION.  (a)  In this section, "basic health care services" and
   4-49  "single service health maintenance organization" have the meanings
   4-50  assigned by Section 2, Texas Health Maintenance Organization Act
   4-51  (Article 20A.02, Vernon's Texas Insurance Code).
   4-52        (b)  An entity subject to Section 2 of this article may
   4-53  satisfy the requirements of this article by offering and making
   4-54  available the coverage required under this article through a
   4-55  contract with a single service health maintenance organization.  A
   4-56  single service health maintenance organization shall offer and make
   4-57  available the same level of coverage under Section 3 of this
   4-58  article as is required of a health maintenance organization
   4-59  offering basic health care services.
   4-60        (c)  A single service health maintenance organization that
   4-61  provides only mental health services or chemical dependency
   4-62  services, or both, is subject to this article and shall offer and
   4-63  make available the same level of coverage under Section 3 of this
   4-64  article as is required of a health maintenance organization
   4-65  offering basic health care services.
   4-66        (d)  A single service health maintenance organization may
   4-67  also offer and make available different levels of coverage for
   4-68  mental health services in addition to the level of coverage
   4-69  required under Section 3 of this article, but the coverage must be
   4-70  at least as favorable as the minimum requirements provided by 42
    5-1  C.F.R. Section 417.101(a)(4) for qualification of health
    5-2  maintenance organizations.
    5-3        SECTION 8.  Section 2A, Article 3.51-9, Insurance Code, is
    5-4  amended by amending Subsection (e) and by adding Subsection (f) to
    5-5  read as follows:
    5-6        (e)  In <For purposes of> this section:
    5-7              (1)  "Chemical<, the term "chemical> dependency
    5-8  treatment center" means a facility which provides a program for the
    5-9  treatment of chemical dependency pursuant to a written treatment
   5-10  plan approved and monitored by a physician and which facility is
   5-11  also:
   5-12                    (A) <(1)>  affiliated with a hospital under a
   5-13  contractual agreement with an established system for patient
   5-14  referral; <or>
   5-15                    (B) <(2)>  accredited as such a facility by the
   5-16  Joint Commission on Accreditation of Hospitals; <or>
   5-17                    (C) <(3)>  licensed as a chemical dependency
   5-18  treatment program by the Texas Commission on Alcohol and Drug
   5-19  Abuse; or
   5-20                    (D) <(4)>  licensed, certified, or approved as a
   5-21  chemical dependency treatment program or center by any other state
   5-22  agency having legal authority to so license, certify, or approve.
   5-23              (2)  "Single service health maintenance organization"
   5-24  has the meaning assigned by Section 2, Texas Health Maintenance
   5-25  Organization Act (Article 20A.02, Vernon's Texas Insurance Code).
   5-26        (f)  An entity subject to this section may provide the
   5-27  coverage required under this article through a contract with a
   5-28  single service health maintenance organization.  A single service
   5-29  health maintenance organization shall provide the same level of
   5-30  coverage under this section as is required of a health maintenance
   5-31  organization offering basic health care services.
   5-32        SECTION 9.  Subchapter F, Chapter 3, Insurance Code, is
   5-33  amended by adding Article 3.64 to read as follows:
   5-34        Art. 3.64.  INSURERS CONTRACTING WITH HEALTH MAINTENANCE
   5-35  ORGANIZATIONS.  (a)  In this article:
   5-36              (1)  "Insurance carrier" means an insurance company,
   5-37  group hospital service corporation, association, or organization
   5-38  authorized to do business in this state under this chapter or
   5-39  Chapter 8, 10, 11, 12, 13, 14, 15, 18, 19, 20, or 22 of this code.
   5-40              (2)  "Health maintenance organization" has the meaning
   5-41  assigned by Section 2, Texas Health Maintenance Organization Act
   5-42  (Article 20A.02, Vernon's Texas Insurance Code).
   5-43              (3)  "Point of service arrangement" means an
   5-44  arrangement under which:
   5-45                    (A)  an individual may choose to obtain benefits,
   5-46  services, or both benefits and services, other than emergency care
   5-47  services, under either an indemnity plan or a health care plan
   5-48  provided by a health maintenance organization in accordance with
   5-49  specific provisions of a point of service contract; and
   5-50                    (B)  indemnity benefits for the cost of the
   5-51  health care services, other than emergency care services, are
   5-52  provided by an insurer or group hospital service corporation in
   5-53  conjunction with corresponding benefits arranged or provided by a
   5-54  health maintenance organization, including a single service health
   5-55  maintenance organization.
   5-56              (4)  "Blended contract" means a single document,
   5-57  including a single contract, policy, certificate, or evidence of
   5-58  coverage, that provides a combination of indemnity and health care
   5-59  plan benefits provided by a health maintenance organization.
   5-60        (b)  An insurance carrier may contract with a health
   5-61  maintenance organization to provide a point of service arrangement,
   5-62  including optional coverages for out-of-area services or
   5-63  out-of-network care.
   5-64        (c)  An insurance carrier and a health maintenance
   5-65  organization may offer a blended contract if indemnity benefits are
   5-66  combined with health care plan benefits offered by the health
   5-67  maintenance organization.  The use of a blended contract is limited
   5-68  to point of service arrangements and contracting arrangements
   5-69  between an insurance carrier and a single service health
   5-70  maintenance organization as approved by the commissioner.  An
    6-1  insurance carrier may not use a blended contract for a purpose
    6-2  other than as provided by this article.
    6-3        (d)  A blended contract delivered, issued, or used in this
    6-4  state is subject to and must be filed with the department for
    6-5  approval as provided by Article 3.42 of this code and Section 9,
    6-6  Texas Health Maintenance Organization Act (Article 20A.09, Vernon's
    6-7  Texas Insurance Code).
    6-8        (e)  The commissioner may adopt rules to implement this
    6-9  article.
   6-10        SECTION 10.  (a)  An existing organization that provides only
   6-11  mental health services and substance abuse services that is
   6-12  required by the Texas Health Maintenance Organization Act (Chapter
   6-13  20A, Vernon's Texas Insurance Code) to apply for a certificate of
   6-14  authority to operate as a health maintenance organization shall
   6-15  submit an application as provided by the Texas Health Maintenance
   6-16  Organization Act (Chapter 20A, Vernon's Texas Insurance Code).  The
   6-17  application must be postmarked not later than 5 p.m. on December
   6-18  31, 1995.  An applicant may continue to operate until the
   6-19  Commissioner of Insurance acts on the application.  If an
   6-20  application is denied, the applicant shall be treated as a health
   6-21  maintenance organization whose certificate of authority has been
   6-22  revoked.
   6-23        (b)  This Act takes effect September 1, 1995, and applies
   6-24  only to an insurance policy, contract, or self-funded or
   6-25  self-insured plan, program, or arrangement that is delivered,
   6-26  issued for delivery, or renewed on or after January 1, 1996.  An
   6-27  insurance policy, contract, or self-funded or self-insured plan,
   6-28  program, or arrangement that is delivered, issued for delivery, or
   6-29  renewed before January 1, 1996, is governed by the law as it
   6-30  existed immediately before the effective date of this  Act, and
   6-31  that law is continued in effect for that purpose.
   6-32        SECTION 11.  The importance of this legislation and the
   6-33  crowded condition of the calendars in both houses create an
   6-34  emergency and an imperative public necessity that the
   6-35  constitutional rule requiring bills to be read on three several
   6-36  days in each house be suspended, and this rule is hereby suspended.
   6-37                               * * * * *