By: Sibley S.B. No. 1183 A BILL TO BE ENTITLED AN ACT 1-1 relating to the delivery of health care by nonprofit health 1-2 corporations. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter E, Chapter 21, Insurance Code, is 1-5 amended by adding Article 21.52E to read as follows: 1-6 Art. 21.52E. CERTIFICATION OF CERTAIN NONPROFIT HEALTH 1-7 CORPORATIONS 1-8 Sec. 1. DEFINITIONS. In this article: 1-9 (1) "Applicant" means an approved nonprofit health 1-10 corporation that has filed an application with the commissioner for 1-11 certification under this article. 1-12 (2) "Certificate holder" means an approved nonprofit 1-13 health corporation that holds a valid certificate issued under this 1-14 article. 1-15 (3) "Approved nonprofit health corporation" means a 1-16 nonprofit health corporation certified under Section 5.01(a), 1-17 Medical Practice Act (Article 4495b, Vernon's Texas Civil 1-18 Statutes). 1-19 (4) "Deliver" means to provide or arrange to provide. 1-20 (5) "Financial reserves" means actuarially certified 1-21 and separately maintained assets held in a trust account or as 1-22 provided by rules adopted by the commissioner. 1-23 (6) "Insurance carrier" means an insurance carrier 2-1 licensed by the commissioner to write insurance in Texas. The term 2-2 includes a health maintenance organization. 2-3 Sec. 2. CERTIFICATE REQUIRED; EXCEPTIONS. (a) An approved 2-4 nonprofit health corporation may deliver health care under a 2-5 contract if the corporation obtains and maintains a valid 2-6 certificate issued by the commissioner in accordance with this 2-7 article. 2-8 (b) Except as provided by Subsection (c), this article does 2-9 not apply to an approved nonprofit health corporation that only 2-10 contracts to deliver health care: 2-11 (1) on a fee-for-service basis; or 2-12 (2) on behalf of and with primary liability remaining 2-13 with: 2-14 (A) an insurance carrier; 2-15 (B) the federal government; 2-16 (C) the state government; or 2-17 (D) a political subdivision of the state. 2-18 (c) An approved nonprofit health corporation has the powers 2-19 granted to a certificate holder under Section 9 for the purpose of 2-20 implementing contracts covered by Subsection (b)(2). 2-21 Sec. 3. QUALIFICATIONS FOR A CERTIFICATE. The commissioner 2-22 may issue a certificate only to an approved nonprofit health 2-23 corporation that: 2-24 (1) files a sworn application with the department; 2-25 (2) pays a filing fee as provided by Section 10; 3-1 (3) is accredited as provided by Section 4; 3-2 (4) demonstrates minimum net worth as provided by 3-3 Section 5; 3-4 (5) demonstrates financial security as provided by 3-5 Section 6; and 3-6 (6) demonstrates compliance with the contracting 3-7 requirements provided by Section 7. 3-8 Sec. 4. ACCREDITATION REQUIRED. (a) An applicant must 3-9 establish and a certificate holder must maintain accreditation by: 3-10 (1) the National Committee on Quality Assurance; 3-11 (2) the Joint Commission on Accreditation of 3-12 Healthcare Organization's accreditation for health care networks; 3-13 or 3-14 (3) an accrediting organization recognized by rule of 3-15 the commissioner. 3-16 (b) The commissioner shall grant a provisional certificate 3-17 to an applicant if: 3-18 (1) the applicant has applied for accreditation; 3-19 (2) the applicant is diligently pursuing 3-20 accreditation; 3-21 (3) the accrediting organization has not denied the 3-22 accreditation; and 3-23 (4) all other requirements of this article are 3-24 satisfied. 3-25 Sec. 5. MINIMUM NET WORTH REQUIRED. (a) An applicant must 4-1 demonstrate and a certificate holder must maintain minimum net 4-2 worth as provided by rules of the commissioner. 4-3 (b) The minimum net worth may not be less than $1 million 4-4 unless the applicant or certificate holder demonstrates equivalent 4-5 financial strength satisfactory to the commissioner. 4-6 (c) The commissioner shall consider the net worth of members 4-7 of an approved nonprofit health corporation if the members 4-8 guarantee the payment of the corporation's liabilities. 4-9 Sec. 6. FINANCIAL SECURITY REQUIRED. (a) An applicant must 4-10 establish and a certificate holder must maintain minimum financial 4-11 security acceptable to the commissioner. The minimum financial 4-12 security must include: 4-13 (1) excess insurance or reinsurance as provided by 4-14 rules of the commissioner; and 4-15 (2) financial reserves. 4-16 (b) In establishing the minimum financial security, the 4-17 commissioner may not consider contracts between the certificate 4-18 holder and a party listed in Section 2(b)(2) or contracts based 4-19 only on a fee-for-service basis. 4-20 (c) An excess insurance policy must be written by an 4-21 insurance carrier licensed to write excess insurance in Texas. 4-22 (d) The commissioner may not require financial reserves 4-23 greater than necessary to provide 60 days of health care under all 4-24 of the certificate holder's active contracts to deliver health 4-25 care. 5-1 (e) All contracts in which the certificate holder agrees to 5-2 deliver health care must require payment to the certificate holder 5-3 on a monthly or more frequent schedule. 5-4 Sec. 7. LIMITATIONS ON CONTRACTS FOR HEALTH CARE. A 5-5 contract between a certificate holder and a health care provider 5-6 for the health care provider to provide health care shall: 5-7 (1) require 90 days or more written notice to all 5-8 parties to the contract before termination of the contract without 5-9 cause; and 5-10 (2) prohibit the health care provider from collecting 5-11 from a patient any fees not specifically established in the 5-12 contract. 5-13 Sec. 8. REPORTS REQUIRED. (a) Each certificate holder must 5-14 file: 5-15 (1) an annual report; 5-16 (2) quarterly reports; and 5-17 (3) monthly reports, if required by the commissioner 5-18 under Section 10. 5-19 (b) Reports must be filed with the department on the form 5-20 and in the manner prescribed by rules of the commissioner. 5-21 Sec. 9. POWERS OF A CERTIFICATE HOLDER. A certificate 5-22 holder may subcontract with any licensed health care provider to 5-23 deliver health care. Any contract to deliver health care to the 5-24 public and any subcontracts may provide for: 5-25 (1) fee-for-service; 6-1 (2) fixed compensation; 6-2 (3) capitated fees; or 6-3 (4) risk sharing. 6-4 Sec. 10. AUTHORITY AND DUTIES OF COMMISSIONER. (a) The 6-5 commissioner may: 6-6 (1) adopt rules necessary to implement this article; 6-7 (2) establish fees for application and renewal of a 6-8 certificate, provided that the fees may not exceed the actual cost 6-9 of processing the application or renewal and may not exceed $1,000; 6-10 (3) order a certificate holder to file a copy of any 6-11 contracts with the commissioner; 6-12 (4) order a certificate holder to file monthly 6-13 financial reports if the commissioner has reason to believe that 6-14 the certificate holder may not possess adequate financial security 6-15 to meet its obligations; or 6-16 (5) adopt rules preventing a contract to deliver 6-17 health care between a certificate holder and an employer from 6-18 excluding any eligible employee or dependent who would otherwise be 6-19 covered under the contract. 6-20 (b) The commissioner must approve or deny an application for 6-21 a certificate under this article no later than 60 days after 6-22 receipt of a completed application. 6-23 Sec. 11. ADMINISTRATIVE VIOLATION; PENALTY. An approved 6-24 nonprofit health corporation commits a violation if the corporation 6-25 or an authorized representative of the corporation knowingly and 7-1 intentionally: 7-2 (1) contracts to deliver health care in violation of 7-3 this article. 7-4 (2) files a false or misleading application for 7-5 certification or renewal; 7-6 (3) fails to respond timely to an order from the 7-7 commissioner for copies of a contract; or 7-8 (4) identifies the corporation to the public in a 7-9 manner that would reasonably imply to the public that the 7-10 corporation is an insurance carrier unless the corporation is 7-11 licensed in Texas as an insurance carrier. 7-12 Sec. 12. APPLICABILITY OF OTHER STATUTES. A contract 7-13 between a certificate holder and a health care provider is not 7-14 considered an unlawful business practice under Chapter 15, Business 7-15 & Commerce Code (Texas Free Enterprise and Antitrust Act of 1983). 7-16 SECTION 2. (a) No later than 15 days after the effective 7-17 date of this Act, the commissioner of insurance shall establish an 7-18 advisory committee composed of: 7-19 (1) five members representing nonprofit health 7-20 corporations certified under Subsection (a), Section 5.01, Medical 7-21 Practice Act (Article 4495b, Vernon's Texas Civil Statutes); and 7-22 (2) four members representing the public, two of whom 7-23 must be employers. 7-24 (b) No later than 45 days after the effective date of this 7-25 Act, the advisory committee shall recommend to the commissioner of 8-1 insurance rules necessary to implement this Act. 8-2 (c) No later than 120 days after the effective date of this 8-3 Act, the commissioner of insurance shall adopt rules necessary to 8-4 implement this Act. The commissioner of insurance shall take into 8-5 consideration the recommendations of the advisory committee. 8-6 SECTION 3. (a) Except as provided by this section, this Act 8-7 takes effect April 1, 1996. 8-8 (b) Section 1 of this Act takes effect September 1, 1995, 8-9 for the sole purpose of adoption of the rules and establishment of 8-10 the forms and fees necessary to implement this Act by the 8-11 commissioner of insurance. 8-12 (c) Section 2 of this Act and this section take effect 8-13 September 1, 1995. 8-14 SECTION 4. The importance of this legislation and the 8-15 crowded condition of the calendars in both houses create an 8-16 emergency and an imperative public necessity that the 8-17 constitutional rule requiring bills to be read on three several 8-18 days in each house be suspended, and this rule is hereby suspended.