By:  Turner                                           S.B. No. 1071
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to providing fairness and choice to patients and providers
    1-2  under managed care health benefit plans; providing penalties.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  The Insurance Code is amended by adding Chapter
    1-5  27 to read as follows:
    1-6                  CHAPTER 27.  PATIENT PROTECTION ACT
    1-7                   SUBCHAPTER A.  GENERAL PROVISIONS
    1-8        Art. 27.01.  SHORT TITLE.  This chapter may be cited as the
    1-9  Patient Protection Act.
   1-10        Art. 27.02.  DEFINITIONS.  In this chapter:
   1-11              (1)  "Academic health center" means an entity that
   1-12  operates or is affiliated with a hospital that receives payments
   1-13  under Section 1886(d)(5)(B) or (h) federal Social Security Act, as
   1-14  amended (42 U.S.C. Section 1395ww) relating to graduate medical
   1-15  education.
   1-16              (2)  "Center of excellence" means a health facility,
   1-17  including a children's hospital or other pediatric facility,
   1-18  academic health center, teaching hospital, or other provider of
   1-19  specialized care, that is so designated by the commissioner by
   1-20  rule.
   1-21              (3)  "Commissioner" means the commissioner of
   1-22  insurance.
   1-23              (4)  "Managed care contractor" means a person that:
    2-1                    (A)  establishes, operates, or maintains a
    2-2  network of participating providers;
    2-3                    (B)  conducts or arranges for utilization review
    2-4  activities; or
    2-5                    (C)  contracts with an insurance company, a
    2-6  hospital or medical service plan, or any other entity providing
    2-7  coverage for health care services to operate a managed care plan.
    2-8              (5)  "Managed care entity" means a licensed insurance
    2-9  company, hospital or medical service plan, health maintenance
   2-10  organization, or managed care contractor that operates a managed
   2-11  care plan.
   2-12              (6)  "Managed care plan" or "plan" means a plan
   2-13  operated by a managed care entity that provides for the financing
   2-14  and delivery of health care services to persons enrolled in such
   2-15  plan through:
   2-16                    (A)  arrangements with selected providers to
   2-17  furnish health care services;
   2-18                    (B)  explicit standards for the selection of
   2-19  participating providers;
   2-20                    (C)  organizational arrangements for ongoing
   2-21  quality assurance, utilization review programs, and dispute
   2-22  resolution; and
   2-23                    (D)  financial incentives for persons enrolled in
   2-24  the plan to use the participating providers and procedures provided
   2-25  for by the plan.
    3-1              (7)  "Participating provider" means a physician,
    3-2  dentist, hospital, pharmacy, laboratory, or other appropriately
    3-3  state-licensed, registered, certified, or otherwise
    3-4  state-recognized provider of health care services or supplies, that
    3-5  has entered into an agreement with a managed care entity to provide
    3-6  such services or supplies to a patient enrolled in a managed care
    3-7  plan.
    3-8              (8)  "Qualified managed care plan" means a managed care
    3-9  plan that the commissioner certifies, on application to the
   3-10  program, as meeting the requirements of this chapter.
   3-11              (9)  "Utilization review law" means Article 21.58A of
   3-12  this code.
   3-13        Art. 27.03.  PROTECTION OF CONSUMER CHOICE.  Nothing in this
   3-14  chapter shall be construed as prohibiting:
   3-15              (1)  an individual from purchasing any health care
   3-16  services with that individual's own funds, whether such services
   3-17  are covered within the individual's standard benefit package or
   3-18  from another health care provider or plan; or
   3-19              (2)  employers from providing any additional coverages.
   3-20          SUBCHAPTER B.  CERTIFICATION OF MANAGED CARE PLANS
   3-21        Art. 27.11.  CERTIFICATION OF MANAGED CARE PLANS.
   3-22  (a)(1)  All managed care plans offering or providing services under
   3-23  this code must be certified under the provisions of this chapter.
   3-24              (2)  The commissioner shall establish a process for
   3-25  certification of managed care plans meeting the requirements of
    4-1  this chapter.
    4-2              (3)  The commissioner shall establish procedures for
    4-3  the periodic review and recertification of qualified managed care
    4-4  plans.
    4-5              (4)  The commissioner shall terminate the certification
    4-6  of a previously qualified managed care plan if the commissioner
    4-7  determines that such plan or program no longer meets the applicable
    4-8  requirements for certification.  Before effecting a termination,
    4-9  the commissioner shall provide the plan notice and opportunity for
   4-10  a hearing on the proposed termination.
   4-11              (5)  If the commissioner finds that a national
   4-12  accreditation body establishes a requirement or requirements for
   4-13  accreditation of a managed care plan that are at least equivalent
   4-14  to the requirements established under this chapter, the
   4-15  commissioner may, to the extent appropriate, treat a managed care
   4-16  plan thus accredited as meeting the requirements of this chapter.
   4-17              (6)  The commissioner shall establish, collect, and
   4-18  administer certification and renewal fees under this chapter in
   4-19  amounts not greater than those necessary to cover the cost of
   4-20  administering and enforcing this chapter.
   4-21        (b)(1)  The commissioner shall establish standards for the
   4-22  certification of managed care plans that conduct business in this
   4-23  state, including standards ensuring compliance with this
   4-24  subsection.
   4-25              (2)  Prospective enrollees in a plan must be provided
    5-1  information as to the terms and conditions of the plan so that they
    5-2  can make informed decisions about accepting a certain system of
    5-3  health care delivery.  Easily understood, truthful, and objective
    5-4  terms must be used when the plan is described orally to enrollees.
    5-5  All written plan descriptions must be in a readable and
    5-6  understandable format, consistent with standards developed for
    5-7  supplemental insurance coverage under Title XVII, federal Social
    5-8  Security Act, as amended (42 U.S.C. Section 1395 et seq.).  The
    5-9  format must be standardized so that customers can compare the
   5-10  attributes of the plans.  Specific items that must be included are:
   5-11                    (A)  coverage provisions, benefits, including
   5-12  prescription drug coverage, both generic and brand name, and any
   5-13  exclusions by category of service, provider, or physician and, if
   5-14  applicable, by specific service;
   5-15                    (B)  all prior authorization or other review
   5-16  requirements including preauthorization review, concurrent review,
   5-17  postservice review, postpayment review, and any procedures that may
   5-18  lead the patient to be denied coverage for or not be provided a
   5-19  particular service;
   5-20                    (C)  financial arrangements or contractual
   5-21  provisions with hospitals, review companies, physicians, dentists,
   5-22  or any other provider of health care services that would limit the
   5-23  services offered, restrict referral or treatment options, require a
   5-24  drug formulary or restrict the types of drugs available to
   5-25  patients, or negatively affect the physician's or dentist's
    6-1  fiduciary responsibility to his or her patients, including but not
    6-2  limited to financial incentives not to provide medical, dental, or
    6-3  other services;
    6-4                    (D)  an explanation of how plan limitations
    6-5  affect enrollees, including information on enrollee financial
    6-6  responsibility for payment for coinsurance or other noncovered or
    6-7  out-of-plan services;
    6-8                    (E)  an explanation of the physician or, as
    6-9  appropriate, dental network configuration that provides for patient
   6-10  access to physicians or dentists including geographic distribution
   6-11  of physicians and dentists by specialty and the
   6-12  physician-to-enrollee and, as appropriate, dentist-to-enrollee
   6-13  ratio by specialty;
   6-14                    (F)  loss ratios; and
   6-15                    (G)  enrollee satisfaction statistics, including
   6-16  percentages of reenrollment and reasons for leaving the plan.
   6-17              (3)  The plan must demonstrate that covered enrollees
   6-18  have reasonably prompt access through the entity's provider network
   6-19  to all items and services contained in the package of benefits for
   6-20  which coverage is provided, including access to emergency services
   6-21  on a 24-hour basis where medically necessary, in a manner that
   6-22  assures the continuity of the provision of such items and services.
   6-23  Such access shall take into account the diverse needs of enrollees,
   6-24  including special language requirements and proximity to the
   6-25  workplaces or residences of enrollees.
    7-1              (4)  If contained within the package of benefits for
    7-2  enrollees, the plan must demonstrate access to specialized
    7-3  treatment expertise, including care for enrollees with chronic
    7-4  diseases, through contracts with centers of excellence.  Patients
    7-5  in need of specialized treatment may request to receive specialized
    7-6  care at an alternative center.  As used in this subdivision, the
    7-7  term "alternative center" means a center of excellence which is not
    7-8  a member of the provider network of the entity providing the plan.
    7-9  Such entities shall have an appeals process for patients who are
   7-10  refused coverage at an alternative center.  Each plan shall make
   7-11  available to enrollees information in an easily understood and
   7-12  useful form that allows enrollees to make valid comparisons among
   7-13  centers of excellence offered by the plan.
   7-14              (5)  In its establishment of criteria for hospital
   7-15  participation, a plan shall be required to accept hospital
   7-16  licensure by the Texas Department of Health, certification by the
   7-17  Medicare program under Title XVII, federal Social Security Act, as
   7-18  amended (42 U.S.C. Section 1395 et seq.), or accreditation by the
   7-19  Joint Commission on Accreditation of Healthcare Organizations.
   7-20              (6)  Plans must meet financial reserve requirements
   7-21  that are established to assure proper payment for covered services
   7-22  provided.  An indemnity fund should be established to provide for
   7-23  plan failures even when a plan has met the reserve requirements.
   7-24              (7)  All plans shall be required to establish a
   7-25  mechanism, with defined rights, under which physicians and dentists
    8-1  participating in the plan provide meaningful input into the plan's
    8-2  medical or dental policy, including coverage of new technology and
    8-3  procedures, the development and utilization of a prescription drug
    8-4  formulary, utilization review criteria and procedures, quality and
    8-5  certification criteria, and medical or dental management
    8-6  procedures.
    8-7              (8)  All plans on request shall make available and
    8-8  disclose the application process and qualification requirements for
    8-9  certification as a provider in the plan.  An applicant for initial
   8-10  certification as a provider under the plan must be given the
   8-11  reasons for denial as a provider if the application for initial
   8-12  certification is denied or otherwise not accepted.
   8-13              (9)(A)  All plans that accept physicians and dentists
   8-14  must certify those physicians and dentists.
   8-15                    (B)  Each application shall be reviewed by a
   8-16  certification committee with appropriate representation or input
   8-17  from the applicant's medical or dental specialty.
   8-18                    (C)  Certification shall be based on objective
   8-19  standards of quality with input from physicians or dentists
   8-20  certified in the plan, and such standards shall be available to
   8-21  applicants and enrollees.  When economic considerations are part of
   8-22  the decision to select or deselect a provider from the plan,
   8-23  objective criteria must be used and must be available to
   8-24  applicants, participating physicians, dentists, and enrollees.  Any
   8-25  economic profile of physicians or dentists must be adjusted to
    9-1  recognize case mix, diseases treated, physiologic and behavioral
    9-2  severity of the diseases, including comorbidities, age and sex risk
    9-3  adjustment of patients, and other features of a physician's or
    9-4  dentist's practice that may account for higher than or lower than
    9-5  expected costs to assure that fair comparisons are made.  Profiles
    9-6  must be made available to those so profiled.  When graduate medical
    9-7  education is a consideration in certification, equal recognition
    9-8  will be given to training programs accredited by the Accrediting
    9-9  Council on Graduate Medical Education and by the American
   9-10  Osteopathic Association.
   9-11                    (D)  Plans shall be prohibited from
   9-12  discriminating against enrollees with medical conditions requiring
   9-13  expensive tests and procedures for adequate diagnosis and treatment
   9-14  by excluding practitioners who treat such enrollees.
   9-15                    (E)  All decisions by the plan regarding
   9-16  certification and contract renewal shall be made on the record, and
   9-17  the applicant shall be provided with the reasons for certification
   9-18  denial or contract nonrenewal.
   9-19                    (F)  Plans shall not be allowed to include
   9-20  clauses in physician, dentist, or other provider contracts that
   9-21  allow for the plan to terminate the contract without cause.
   9-22                    (G)  A physician, dentist, or other provider may
   9-23  appeal an adverse ruling or decision of a plan.  The commissioner
   9-24  shall establish a due process appeals mechanism.  The appeals
   9-25  process will be presumed to be reasonable if it complies with the
   10-1  appeals process set forth in the Health Care Quality Improvement
   10-2  Act of 1986, as amended (42 U.S.C. Section 11101 et seq.).
   10-3                    (H)  Prior to initiation of a proceeding leading
   10-4  to termination of a contract for cause, the physician or dentist
   10-5  shall be provided notice, an opportunity for discussion, and an
   10-6  opportunity to enter into and complete a corrective action plan,
   10-7  except in cases in which there is imminent harm to patient health
   10-8  or an action by a state medical or dental board or other government
   10-9  agency that effectively impairs the physician's or dentist's
  10-10  ability to practice medicine or dentistry within the jurisdiction.
  10-11              (10)  Procedures shall be established to ensure that
  10-12  all applicable federal and state laws designed to protect the
  10-13  confidentiality of provider and individual medical and dental
  10-14  records are followed.
  10-15              (11)  Plans must ensure that each enrollee is able to
  10-16  choose a primary care physician and a dentist from among
  10-17  participating physicians and dentists and change that selection as
  10-18  appropriate.
  10-19              (12)  Plans must:
  10-20                    (A)  cover medically necessary emergency care
  10-21  services provided to covered individuals, including trauma services
  10-22  such as those provided by designated trauma centers, without regard
  10-23  to whether or not the provider furnishing such services has a
  10-24  contractual or other arrangement with the entity to provide items
  10-25  or services to covered individuals and, in the case of services
   11-1  furnished for the treatment of an emergency medical condition as
   11-2  defined in Section 1867(e)(1), federal Social Security Act, as
   11-3  amended (42 U.S.C. Section 1395dd), without regard to prior
   11-4  authorizations;
   11-5                    (B)  provide that the prior authorization
   11-6  requirement for medically necessary services or stabilizing
   11-7  treatment in the emergency room shall be deemed to be approved
   11-8  unless denied within one hour of a required request; and
   11-9                    (C)  cover any screenings or evaluations that are
  11-10  required to be performed in the emergency room pursuant to state or
  11-11  federal law.
  11-12              (13)  A plan for which prior authorization is a
  11-13  condition to coverage of a service must ensure that enrollees are
  11-14  required to sign medical and dental information release consent
  11-15  forms on enrollment for use when services requiring prior
  11-16  authorization are recommended or proposed by the enrollee's
  11-17  physician or dentist.
  11-18              (14)  When prior approval for a service or other
  11-19  covered item is obtained, it shall be considered approval for all
  11-20  purposes, and the service shall be considered to be covered unless
  11-21  there was fraud or incorrect information provided at the time such
  11-22  prior approval was obtained.
  11-23              (15)  When physicians or dentists are no longer
  11-24  participating providers under the plan, continuity of patient care
  11-25  is maintained by providing for the immediate reimbursement for
   12-1  copies of medical or dental records that are created, kept, or
   12-2  maintained by a physician or dentist and provided by the physician
   12-3  or dentist to the patient or someone on the patient's behalf.
   12-4              (16)  Notwithstanding the provision of any other law,
   12-5  all qualified managed care plans are subject to and shall meet the
   12-6  requirements of the utilization review law.
   12-7              (17)  Initial standards shall be established under this
   12-8  chapter within 12 months of the date of the enactment of this
   12-9  chapter.
  12-10              (18)  The commissioner shall periodically review the
  12-11  standards established under this chapter and may revise the
  12-12  standards from time to time to assure that such standards continue
  12-13  to reflect appropriate policies and practices for the
  12-14  cost-effective and appropriate use of services in managed care
  12-15  plans.
  12-16             SUBCHAPTER C.  CHOICE REQUIREMENTS AND PLANS
  12-17        Art. 27.21.  CHOICE REQUIREMENTS FOR POINT OF SERVICE PLANS.
  12-18  (a)  Each health benefit plan that restricts access to providers
  12-19  shall offer to all eligible enrollees the opportunity to obtain
  12-20  coverage for out-of-network services through a point-of-service
  12-21  plan, as defined by Subsection (b) of this article, at the time of
  12-22  enrollment and at least for a continuous one-month period annually
  12-23  thereafter.
  12-24        (b)  For purposes of this chapter, an out-of-network or a
  12-25  point-of-service plan provides additional coverage or access to
   13-1  care provided by nonnetwork providers to an eligible enrollee of a
   13-2  health plan that restricts access to items and services provided by
   13-3  a health care provider who is not a member of the plan's provider
   13-4  network, as defined in Subsection (c) of this article or that may
   13-5  cover any other services the enrollee seeks, whether such services
   13-6  are provided within or outside the enrollee's plan.
   13-7        (c)  "Provider network" means, with respect to a health plan
   13-8  that restricts access, those providers who have entered into a
   13-9  contract or agreement with the plan under which such providers are
  13-10  obligated to provide items and services in the standard benefits
  13-11  package to eligible individuals enrolled in the plan or who have an
  13-12  agreement to provide services on a fee-for-service basis.
  13-13        (d)  A plan may charge an enrollee who opts to obtain
  13-14  point-of-service coverage an alternative premium that takes into
  13-15  account the actuarial value of such coverage.
  13-16        (e)  A point-of-service plan may require payment of
  13-17  coinsurance for an out-of-network item or service, as follows:
  13-18              (1)  the applicable coinsurance percentage shall not be
  13-19  greater than 20 percent of payment for items and services; and
  13-20              (2)  the applicable coinsurance percentage may be
  13-21  applied differentially with respect to out-of-network items and
  13-22  services, subject to the requirements of Article 27.11(b)(12) of
  13-23  this code.
  13-24        (f)  All sponsors of point-of-service plans and physicians
  13-25  and dentists participating in such plans shall be required to
   14-1  disclose their fees, applicable payment schedules, coinsurance
   14-2  requirements, or any other financial requirements that affect
   14-3  patient payment levels.
   14-4                 SUBCHAPTER D.  ENFORCEMENT; PENALTIES
   14-5        Art. 27.31.  VIOLATIONS.  (a)  If the commissioner believes
   14-6  that a managed care entity or managed care contractor has violated
   14-7  or is violating this chapter, the commissioner shall notify the
   14-8  managed care entity or managed care contractor of the alleged
   14-9  violation and may compel the production of any and all documents or
  14-10  other information necessary to determine whether or not this
  14-11  chapter has been or is being violated.
  14-12        (b)  The commissioner may bring an injunctive action to stop
  14-13  a violation or potential violation of this chapter.
  14-14        (c)  If applicable and after notice and hearing, the
  14-15  commissioner may, for a violation of this chapter:
  14-16              (1)  impose sanctions under Section 7, Article 1.10 of
  14-17  this code; or
  14-18              (2)  issue a cease and desist order under Article 1.10A
  14-19  of this code.
  14-20        (d)  The commissioner may recover reasonable costs, including
  14-21  attorney's fees for an action brought under this subchapter.
  14-22        SECTION 2.  Sections 4 and 14, Article 21.58A, Insurance
  14-23  Code, are amended to read as follows:
  14-24        Sec. 4.  Standards for utilization review.  (a)  As a
  14-25  condition of certification or renewal thereof, a utilization review
   15-1  agent shall be required to maintain compliance with the provisions
   15-2  of this section.
   15-3        (b)  The utilization review plan, including reconsideration
   15-4  and appeal requirements, shall be reviewed by a physician and
   15-5  conducted in accordance with standards developed with input from
   15-6  appropriate health care providers and approved by a physician.
   15-7        (c)(1)  Personnel employed by or under contract with the
   15-8  utilization review agent to perform utilization review shall be
   15-9  appropriately trained and qualified.  Personnel who obtain
  15-10  information directly from the physician or health care provider,
  15-11  either orally or in writing, and who are not physicians shall be
  15-12  nurses, physician assistants, registered records administrators, or
  15-13  accredited records technicians, who are either licensed or
  15-14  certified, or shall be individuals who have received formal
  15-15  orientation and training in accordance with policies and procedures
  15-16  established by the utilization review agent to assure compliance
  15-17  with this section, and a description of such policies and
  15-18  procedures shall be filed with the commissioner.  This provision
  15-19  shall not be interpreted to require such qualifications for
  15-20  personnel who perform clerical or administrative tasks.
  15-21              (2)  On request, physicians or dentists will be
  15-22  provided the names and credentials of all individuals conducting
  15-23  utilization review, subject to reasonable safeguards and standards
  15-24  determined by the commissioner.
  15-25        (d)  A utilization review agent shall not set or impose any
   16-1  notice or other review procedures contrary to the requirements of
   16-2  the health insurance policy or health benefit plan.
   16-3        (e)  Unless approved for an individual patient by the
   16-4  provider of record or modified by contract, a utilization review
   16-5  agent shall be prohibited from observing, participating in, or
   16-6  otherwise being present during a patient's examination, treatment,
   16-7  procedure, or therapy.  In no event shall this section otherwise be
   16-8  construed to limit or deny contact with a patient for purposes of
   16-9  conducting utilization review unless otherwise specifically
  16-10  prohibited by law.
  16-11        (f)  A utilization review agent may not permit or provide
  16-12  compensation or any thing of value to its employees or agents,
  16-13  condition employment of its employee or agent evaluations, or set
  16-14  its employee or agent performance standards, based on the amount of
  16-15  volume of adverse determinations, reductions or limitations on
  16-16  lengths of stay, benefits, services, or charges or on the number or
  16-17  frequency of telephone calls or other contacts with health care
  16-18  providers or patients, which are inconsistent with the provisions
  16-19  of this article.
  16-20        (g)  A health care provider may designate one or more
  16-21  individuals as the initial contact or contacts for utilization
  16-22  review agents seeking routine information or data.  In no event
  16-23  shall the designation of such an individual or individuals preclude
  16-24  a utilization review agent or medical advisor from contacting a
  16-25  health care provider or others in his or her employ where a review
   17-1  might otherwise be unreasonably delayed or where the designated
   17-2  individual is unable to provide the necessary information or data
   17-3  requested by the utilization review agent.
   17-4        (h)  Utilization review conducted by a utilization review
   17-5  agent shall be under the direction of a physician licensed to
   17-6  practice medicine by the Texas State Board of Medical Examiners or,
   17-7  as appropriate, a dentist licensed to practice dentistry by the
   17-8  State Board of Dental Examiners <a state licensing agency in the
   17-9  United States>.
  17-10        (i)  Each utilization review agent shall utilize written
  17-11  medically acceptable screening criteria and review procedures which
  17-12  are established and periodically evaluated and updated with
  17-13  appropriate involvement from physicians, including practicing
  17-14  physicians, and other health care providers.  Such written
  17-15  screening criteria and review procedures shall be available for
  17-16  review and inspection by the commissioner and copying as necessary
  17-17  for the commissioner to carry out his or her lawful duties under
  17-18  this code, provided, however, that any information obtained or
  17-19  acquired under the authority of this subsection and article is
  17-20  confidential and privileged and not subject to the open records law
  17-21  or subpoena except to the extent necessary for the board or
  17-22  commissioner to enforce this article.
  17-23        (j)  A utilization review agent may not engage in unnecessary
  17-24  or unreasonable repetitive contacts with the health care provider
  17-25  or patient and shall base the frequency of contacts or reviews on
   18-1  the severity or complexity of the patient's condition or on
   18-2  necessary treatment and discharge planning activity.
   18-3        (k)  Subject to the notice requirements of Section 5 of this
   18-4  article, in any instance where the utilization review agent is
   18-5  questioning the medical necessity or appropriateness of health care
   18-6  services, the health care provider who ordered the services shall
   18-7  be afforded a reasonable opportunity to discuss the plan of
   18-8  treatment for the patient and the clinical basis for the
   18-9  utilization review agent's decision with a physician or, in the
  18-10  case of a dental plan with a dentist, prior to issuance of an
  18-11  adverse determination.
  18-12        (l)  A <Unless precluded or modified by contract, a>
  18-13  utilization review agent shall reimburse health care providers for
  18-14  the reasonable costs for providing medical information in writing,
  18-15  including copying and transmitting any requested patient records or
  18-16  other documents.  A health care provider's charges for providing
  18-17  medical information to a utilization review agent shall not exceed
  18-18  the cost of copying set by rule of the Texas Workers' Compensation
  18-19  Commission for records and may not include any costs that are
  18-20  otherwise recouped as a part of the charge for health care.
  18-21        (m)  A utilization review agent shall establish and maintain
  18-22  a complaint system that provides reasonable procedures for the
  18-23  resolution of written complaints initiated by enrollees, patients,
  18-24  or health care providers concerning the utilization review and
  18-25  shall maintain records of such written complaints for two years
   19-1  from the time the complaints are filed.  The complaint procedure
   19-2  shall include a written response to the complainant by the agent
   19-3  within 60 days.  The utilization review agent shall submit to the
   19-4  commissioner a summary report of all complaints at such times and
   19-5  in such forms as the board may require and shall permit the
   19-6  commissioner to examine the complaints and all relevant documents
   19-7  at any time.
   19-8        (n)  The utilization review agent may delegate utilization
   19-9  review to qualified personnel in the hospital or health care
  19-10  facility where the health care services were or are to be provided.
  19-11        Sec. 14.  Application.  (a)  This article shall not apply to
  19-12  a person who provides information to enrollees about scope of
  19-13  coverage or benefits provided under a health insurance policy or
  19-14  health benefit plan and who does not determine whether particular
  19-15  health care services provided or to be provided to an enrollee are
  19-16  medically necessary or appropriate.
  19-17        (b)(1)  This article shall not apply to any contract with the
  19-18  federal government for utilization review of patients eligible for
  19-19  services under Title XVIII or XIX of the Social Security Act (42
  19-20  U.S.C. Section 1395 et seq. or Section 1396 et seq.).
  19-21              (2)  This article shall not apply to <the Texas
  19-22  Medicaid Program,> the chronically ill and disabled children's
  19-23  services program created pursuant to Chapter 35, Health and Safety
  19-24  Code, <any program administered under Title 2, Human Resources
  19-25  Code,> any program of the Texas Department of Mental Health and
   20-1  Mental Retardation, or any program of the Texas Department of
   20-2  Criminal Justice.
   20-3        (c)  This article shall not apply to utilization review of
   20-4  health care services provided to patients under the authority of
   20-5  the Texas Workers' Compensation Act (Article 8308-1.01 et seq.,
   20-6  Vernon's Texas Civil Statutes).
   20-7        (d)  <This article shall not apply to utilization review of
   20-8  health care services provided under a policy or contract of
   20-9  automobile insurance promulgated by the board under Subchapter A,
  20-10  Chapter 5 of this code or issued pursuant to Article 1.14-2 of this
  20-11  code.>
  20-12        <(e)>  This article shall not apply to the terms or benefits
  20-13  of employee welfare benefit plans as defined in Section 31(I) of
  20-14  the Employee Retirement Income Security Act of 1974 (29 U.S.C.
  20-15  Section 1002).
  20-16        (e) <(f)>  Any regulations promulgated pursuant to this
  20-17  article shall relate only to persons or entities subject to this
  20-18  article.
  20-19        (f) <(g)  A health maintenance organization is not subject to
  20-20  this article except as expressly provided in this subsection and
  20-21  Subsection (i) of this section.  If such health maintenance
  20-22  organization performs utilization review as defined herein, it
  20-23  shall, as a condition of licensure:>
  20-24              <(1)  comply with Sections 4(b), (c), (e), (f), (h),
  20-25  (i), and (l) of this article, and the board shall promulgate rules
   21-1  for appropriate verification and enforcement of compliance.
   21-2  However, nothing in this article shall be construed to prohibit or
   21-3  limit the distribution of a proportion of the savings from the
   21-4  reduction or elimination of unnecessary medical services,
   21-5  treatment, supplies, confinements, or days of confinement in a
   21-6  health care facility through profit sharing, bonus, or withhold
   21-7  arrangements to participating physicians or participating health
   21-8  care providers for rendering health care services to enrollees;>
   21-9              <(2)  establish and maintain a system for:>
  21-10                    <(A)  handling and responding to complaints by
  21-11  enrollees, patients, or health care providers;>
  21-12                    <(B)  providing health care providers with notice
  21-13  of medical necessity or program requirements that have not been
  21-14  met, including a reasonable opportunity to discuss the plan of
  21-15  treatment and clinical basis for a utilization review determination
  21-16  with a physician; and>
  21-17                    <(C)  providing the enrollee, patient, and health
  21-18  care provider an opportunity to appeal the determination; and>
  21-19              <(3)  submit to assessment of maintenance taxes under
  21-20  Article 20A.33, Texas Health Maintenance Organization Act (Article
  21-21  20A.33, Vernon's Texas Insurance Code), to cover the costs of
  21-22  administering compliance of health maintenance organizations under
  21-23  this section.>
  21-24        <(h)>  An insurer which delivers or issues for delivery a
  21-25  health insurance policy in Texas and is subject to this code is not
   22-1  subject to this article except as expressly provided in this
   22-2  subsection and Subsection (g) <(i)> of this section.  If an insurer
   22-3  performs utilization review as defined herein it shall, as a
   22-4  condition of licensure, comply with Sections 4 through 8 of this
   22-5  article, and the board shall promulgate rules for appropriate
   22-6  verification and enforcement of compliance.  Such insurers shall be
   22-7  subject to assessment of maintenance tax under Article 4.17 of this
   22-8  code to cover the costs of administering compliance of insurers
   22-9  under this section.
  22-10        (g) <(i)>  However, when an insurer subject to this code or a
  22-11  health maintenance organization performs utilization review for a
  22-12  person or entity subject to this article other than one for which
  22-13  it is the payor, such insurer or health maintenance organization
  22-14  shall be required to obtain a certificate under Section 3 of this
  22-15  article and comply with all the provisions of this article.
  22-16        SECTION 3.  Chapter 27, Insurance Code, as added by Section 1
  22-17  of this Act, takes effect June 1, 1996.
  22-18        SECTION 4.  The importance of this legislation and the
  22-19  crowded condition of the calendars in both houses create an
  22-20  emergency and an imperative public necessity that the
  22-21  constitutional rule requiring bills to be read on three several
  22-22  days in each house be suspended, and this rule is hereby suspended.