By:  Harris                                           S.B. No. 1407
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to contractual arrangements among health maintenance
    1-2  organizations and with physicians and providers.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Article 20A.02, Insurance Code, is amended to
    1-5  read as follows:
    1-6        Art. 20A.02.  Definitions.
    1-7  For the purposes of this Act:
    1-8        (a)  "Basic health care services" means health care services
    1-9  which an enrolled population might reasonably require in order to
   1-10  be maintained in good health, including, as a minimum, emergency
   1-11  care, inpatient hospital and medical services, and outpatient
   1-12  medical services.
   1-13        (b)  "Board" means the State Board of Health.
   1-14        (c)  "Commissioner" means the commissioner of insurance.
   1-15        (d) <t>  "Emergency care" means bona fide emergency services
   1-16  provided after the sudden onset of a medical condition manifesting
   1-17  itself by acute symptoms of sufficient severity, including severe
   1-18  pain, such that the absence of immediate medical attention could
   1-19  reasonably be expected to result in:
   1-20              (1)  placing the patient's health in serious jeopardy;
   1-21              (2)  serious impairment to bodily functions; or
   1-22              (3)  serious dysfunction of any bodily organ or part.
   1-23        (e) <(d)>  "Enrollee" means an individual who is enrolled in
    2-1  a health care plan, including covered dependents.
    2-2        (f) <(e)>  "Evidence of coverage" means any certificate,
    2-3  agreement, or contract issued to an enrollee setting out the
    2-4  coverage to which the enrollee is entitled.
    2-5        (g) <(f)>  "Group hospital service corporation" means a
    2-6  nonprofit corporation organized and operating under Chapter 20 of
    2-7  the Insurance Code.
    2-8        (h) <(g)>  "Health care" means prevention, maintenance, and
    2-9  rehabilitation services provided by qualified persons other than
   2-10  medical care.
   2-11        (i) <(h)>  "Health care plan" means any plan whereby any
   2-12  person undertakes to provide, arrange for, pay for, or reimburse
   2-13  any part of the cost of any health care services; provided,
   2-14  however, a part of such plan consists of arranging for or the
   2-15  provision of health care services, as distinguished from
   2-16  indemnification against the cost of such service, on a prepaid
   2-17  basis through insurance or otherwise.
   2-18        (j) <(i)>  "Health care services" means any services,
   2-19  including the furnishing to any individual of medical or dental
   2-20  care, or hospitalization or incident to the furnishing of such care
   2-21  or hospitalization, as well as the furnishing to any person of any
   2-22  and all other services for the purpose of preventing, alleviating,
   2-23  curing or healing human illness or injury.
   2-24        (k) <(j)>  "Health maintenance organization" means any person
   2-25  who arranges for or provides a health care plan to enrollees on a
    3-1  prepaid basis.
    3-2        (l)  "Health maintenance organization delivery network" means
    3-3  any health care delivery system in which a health maintenance
    3-4  organization arranges for health care services directly or
    3-5  indirectly through contracts and subcontracts with providers and
    3-6  physicians.
    3-7        (m) <(k)>  "Medical care" means furnishing those services
    3-8  defined as the practice of medicine in Section 11, Chapter 426,
    3-9  Acts of the 53rd Legislature, Regular Session, 1953 (Article 4510a,
   3-10  Vernon's Texas Civil Statutes).
   3-11        (n) <(l)>  "Person" means any natural or artificial person,
   3-12  including, but not limited to, individuals, partnerships,
   3-13  associations, organizations, trusts, hospital districts, limited
   3-14  liability company, limited liability partnership, or corporations.
   3-15        (o) <(m)>  "Physician" means anyone licensed to practice
   3-16  medicine in the State of Texas.
   3-17              (1)  anyone licensed to practice medicine in the State
   3-18  of Texas;
   3-19              (2)  a professional association or a non-profit health
   3-20  corporation certified pursuant to Section 5.01, Medical Practice
   3-21  Act (Article 4495b, Texas Revised Civil Statutes); or
   3-22              (3)  any person wholly owned by physicians.
   3-23        (p) <(n)>  "Provider" means:
   3-24              (1)  any <practitioner> person other than a physician,
   3-25  <such as> including but not limited to a licensed doctor of
    4-1  chiropractic, registered nurse, pharmacist, optometrist, pharmacy,
    4-2  hospital, or other institution or organization or person that
    4-3  <furnishes health care services, who> is licensed or otherwise
    4-4  authorized to <practice in this state.> provide a health care
    4-5  service  in this state; or
    4-6              (2)  any person that is wholly owned or controlled by a
    4-7  provider or providers that are licensed to provide the same
    4-8  service.  "Provider" shall include any person wholly owned or
    4-9  controlled by one or more hospitals and physicians, including a
   4-10  physician-hospital organization.
   4-11        (q) <(r)>  "Single health care service" means a health care
   4-12  service that an enrolled population may reasonably require in order
   4-13  to be maintained in good health with respect to a particular health
   4-14  care need for the purpose of preventing, alleviating, curing, or
   4-15  healing human illness or injury of a single specified nature and
   4-16  that is to be provided by one or more persons each of whom is
   4-17  licensed by the state to provide that specific health care service.
   4-18        (r) <(s)>  "Single health care service plan" means a plan
   4-19  under which any person undertakes to provide, arrange for, pay for,
   4-20  or reimburse any part of the cost of a single health care service,
   4-21  provided, that a part of the plan consists of arranging for or the
   4-22  provision of the single health care service, as distinguished from
   4-23  an indemnification against the cost of that service, on a prepaid
   4-24  basis through insurance or otherwise and that no part of that plan
   4-25  consists of arranging for the provision of more than one health
    5-1  care need of a single specified nature.
    5-2        (s) <(o)>  "Sponsoring organization" means a person who
    5-3  guarantees the uncovered expenses of the health maintenance
    5-4  organization and who is financially capable, as determined by the
    5-5  commissioner, of meeting the obligations resulting from those
    5-6  guarantees.
    5-7        (t) <(p)>  "Uncovered expenses" means the estimated
    5-8  administrative expenses and the estimated cost of health care
    5-9  services that are not guaranteed, insured, or assumed by a person
   5-10  other than the health maintenance organization.  Health care
   5-11  services may be considered covered if the physician or provider
   5-12  agrees in writing that enrollees shall in no way be liable,
   5-13  assessable, or in any way subject to payment for services except as
   5-14  described in the evidence of coverage issued to the enrollee under
   5-15  Section 9 of this Act.  The amount due on loans in the next
   5-16  calendar year will be considered uncovered expenses unless
   5-17  specifically subordinated to uncovered medical and health care
   5-18  expenses or unless guaranteed by the sponsoring organization.
   5-19        (u) <(q)>  "Uncovered liabilities" means obligations
   5-20  resulting from unpaid uncovered expenses, the outstanding
   5-21  indebtedness of loans that are not specifically subordinated to
   5-22  uncovered medical and health care expenses or guaranteed by the
   5-23  sponsoring organization, and all other monetary obligations that
   5-24  are not similarly subordinated or guaranteed.
   5-25        SECTION 2.  Article 20A.06(a)(3), Insurance Code is amended
    6-1  to read as follows:
    6-2              (3)  the furnishing of or arranging for medical care
    6-3  services only through other health maintenance organizations, or
    6-4  physicians or groups of physicians who have independent contracts
    6-5  with the health maintenance organizations; the furnishing of or
    6-6  arranging for the delivery of health care services only through
    6-7  other health maintenance organizations, or providers or groups of
    6-8  providers who are under contract with or employed by the health
    6-9  organization maintenance organization or through other health
   6-10  maintenance organizations, or physicians or providers who have
   6-11  contracted for health care services with those physicians or
   6-12  providers, except for the furnishing of or authorization for
   6-13  emergency services, services by referral, and services to be
   6-14  provided outside of the service area as approved by the
   6-15  commissioner; provided, however, that a health maintenance
   6-16  organization is not authorized to employ or contract with
   6-17  physicians or providers in any manner which is prohibited by any
   6-18  licensing law of this state under which such physicians or
   6-19  providers are licensed;
   6-20        SECTION 3.  Article 20A.26(f) is amended to read as follows:
   6-21        (f)(1)  This Act shall not be applicable to:
   6-22                    (A)  any person licensed to practice medicine in
   6-23  this state, nor to any professional association organized under the
   6-24  Texas Professional Association Act, as amended (Article 1528f,
   6-25  Vernon's Texas Civil Statutes), nor to any nonprofit corporation
    7-1  organized and complying with Section 5.01, Medical Practice Act
    7-2  (Article 4495b, Vernon's Texas Civil Statutes), so long as that
    7-3  person, professional association, or nonprofit corporation is
    7-4  engaged in the delivery of or arranges for the delivery of health
    7-5  or medical care that is within the definition of practicing
    7-6  medicine as defined in Section 2<(k)> of this Act; or
    7-7                    (B)  any provider that furnishes or arranges for
    7-8  the delivery of health care services other than the practice of
    7-9  medicine, as defined in Section 2<(k)> of this Act, as a part of a
   7-10  health maintenance organization delivery network.
   7-11              (2)  Except as provided by Section 6(a)(3) or Section
   7-12  26(f)(5) of this Act, any person, provider, professional
   7-13  association, or nonprofit corporation referred to above, which
   7-14  shall employ or enter into a contractual arrangement with a
   7-15  provider or group of providers to furnish basic health care
   7-16  services as defined in Section 2 of this Act, would be subject to
   7-17  the provisions of this Act, and shall be required to obtain a
   7-18  certificate of authority from the commissioner.
   7-19              (3)  Notwithstanding any other law, any person,
   7-20  professional association, or nonprofit corporation referred to
   7-21  above, which conducts activities permitted by law but which do not
   7-22  require a certificate of authority under this Act, and in the
   7-23  process contracts with one or more physicians, professional
   7-24  associations, or nonprofit corporations referred to above, shall
   7-25  not, by virtue of such contract or arrangement, be deemed to have
    8-1  entered into a conspiracy in restraint of trade in violation of
    8-2  Sections 15.01 through 15.34 of the Business & Commerce Code.
    8-3              (4)  Notwithstanding any other law, provisions of the
    8-4  insurance law and provisions of the group hospital service
    8-5  corporation law shall not be applicable to the above persons,
    8-6  providers, professional associations, or nonprofit corporations.
    8-7              (5)  Neither this Act nor any other provision of the
    8-8  Insurance Code shall be construed to prohibit any physician or
    8-9  provider participating in a health maintenance organization
   8-10  delivery network, whether contracting with a health maintenance
   8-11  organization pursuant to Section 6(a)(3) of this Act or
   8-12  subcontracting with any physician or provider in the health
   8-13  maintenance organization network, from entering into any of the
   8-14  following contractual arrangements:
   8-15                    (A)  A physician may contract to provide or
   8-16  arrange to provide through subcontracts with other physicians
   8-17  medical care as defined in Section 2<(k)> of this Act and through
   8-18  other providers any services that are ancillary to or within the
   8-19  scope of the practice of medicine, not including hospital or any
   8-20  other institutional or inpatient provider services.
   8-21                    (B)  A provider may contract to provide or
   8-22  arrange to provide through subcontracts with other similarly
   8-23  licensed providers any health care services for which such
   8-24  providers are licensed to provide, not to include any medical care
   8-25  services as defined in Section 2<(k)> of this Act.
    9-1                    (C)  A provider may contract to provide or
    9-2  arrange to provide through subcontracts with other providers any
    9-3  health care services for which such provider is not licensed to
    9-4  provide, not to include any medical services as defined in Section
    9-5  2<(k)> of this Act, only if such subcontracted services constitute
    9-6  less than fifteen percent of the total volume of services to be
    9-7  provided or arranged to be provided by such provider.
    9-8                    (D)  Any contract or subcontract permitted in
    9-9  (A), (B), or (C) above may provide for compensation based on a
   9-10  fee-for-service arrangement, risk sharing arrangement, or capitated
   9-11  risk arrangement in which a fixed predetermined payment is made in
   9-12  exchange for providing or arranging to provide, and guaranteeing
   9-13  the provision of, a defined set of covered services to such covered
   9-14  persons for a specified period of time, regardless of the amount of
   9-15  services actually provided.
   9-16        SECTION 4.  This Act takes effect September 1, 1995.
   9-17        SECTION 5.  The importance of this legislation and the
   9-18  crowded condition of the calendars in both houses create an
   9-19  emergency and an imperative public necessity that the
   9-20  constitutional rule requiring bills to be read on three several
   9-21  days in each house be suspended, and this rule is hereby suspended.