1-1  By:  Harris                                           S.B. No. 1407
    1-2        (In the Senate - Filed March 13, 1995; March 20, 1995, read
    1-3  first time and referred to Committee on Economic Development;
    1-4  April 12, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 9, Nays 0; April 12, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 1407                  By:  Harris
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to contractual arrangements among health maintenance
   1-11  organizations, physicians, and other providers.
   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 (l), (m), and (n) and by adding Subsection (u)
   1-16  to read as follows:
   1-17        (l)  "Person" means any natural or artificial person,
   1-18  including, but not limited to, individuals, partnerships,
   1-19  associations, organizations, trusts, hospital districts, limited
   1-20  liability companies, limited liability partnerships, or
   1-21  corporations.
   1-22        (m)  "Physician" means:
   1-23              (1)  an individual <anyone> licensed to practice
   1-24  medicine in this state;
   1-25              (2)  a professional association organized under the
   1-26  Texas Professional Association Act (Article 1528f, Vernon's Texas
   1-27  Civil Statutes) or a nonprofit health corporation certified under
   1-28  Section 5.01, Medical Practice Act (Article 4495b, Vernon's Texas
   1-29  Civil Statutes); or
   1-30              (3)  another person wholly owned by physicians <the
   1-31  State of Texas>.
   1-32        (n)  "Provider" means:
   1-33              (1)  any person <practitioner> other than a physician,
   1-34  including <such as> a licensed doctor of chiropractic, registered
   1-35  nurse, pharmacist, optometrist, pharmacy, hospital, or other
   1-36  institution or organization or person that <furnishes health care
   1-37  services, who> is licensed or otherwise authorized to provide a
   1-38  health care service <practice> in this state;
   1-39              (2)  a person who is wholly owned or controlled by a
   1-40  provider or by a group of providers who are licensed to provide the
   1-41  same health care service; or
   1-42              (3)  a person who is wholly owned or controlled by one
   1-43  or more hospitals and physicians, including a physician-hospital
   1-44  organization.
   1-45        (u)  "Health maintenance organization delivery network" means
   1-46  a health care delivery system in which a health maintenance
   1-47  organization arranges for health care services directly or
   1-48  indirectly through contracts and subcontracts with providers and
   1-49  physicians.
   1-50        SECTION 2.  Subsection (a), Section 6, Texas Health
   1-51  Maintenance Organization Act (Article 20A.06, Vernon's Texas
   1-52  Insurance Code), is amended to read as follows:
   1-53        (a)  The powers of a health maintenance organization include,
   1-54  but are not limited to, the following:
   1-55              (1)  the purchase, lease, construction, renovation,
   1-56  operation, or maintenance of hospitals, medical facilities, or
   1-57  both, and ancillary equipment and such property as may reasonably
   1-58  be required for its principal office or for such other purposes as
   1-59  may be necessary in the transaction of the business of the health
   1-60  maintenance organization;
   1-61              (2)  the making of loans to a medical group, under an
   1-62  independent contract with it in furtherance of its program, or
   1-63  corporations under its control, for the purpose of acquiring or
   1-64  constructing medical facilities and hospitals, or in the
   1-65  furtherance of a program providing health care services to
   1-66  enrollees;
   1-67              (3)  the furnishing of or arranging for medical care
   1-68  services only through other health maintenance organizations or
    2-1  physicians or groups of physicians who have independent contracts
    2-2  with the health maintenance organizations; the furnishing of or
    2-3  arranging for the delivery of health care services only through
    2-4  other health maintenance organizations or providers or groups of
    2-5  providers who are under contract with or employed by the health
    2-6  maintenance organization or through other health maintenance
    2-7  organizations or physicians or providers who have contracted for
    2-8  health care services with those physicians or providers, except for
    2-9  the furnishing of or authorization for emergency services, services
   2-10  by referral, and services to be provided outside of the service
   2-11  area as approved by the commissioner; provided, however, that a
   2-12  health maintenance organization is not authorized to employ or
   2-13  contract with physicians or providers in any manner which is
   2-14  prohibited by any licensing law of this state under which such
   2-15  physicians or providers are licensed;
   2-16              (4)  the contracting with any person for the
   2-17  performance on its behalf of certain functions such as marketing,
   2-18  enrollment, and administration;
   2-19              (5)  the contracting with an insurance company licensed
   2-20  in this state, or with a group hospital service corporation
   2-21  authorized to do business in the state, for the provision of
   2-22  insurance, reinsurance, indemnity, or reimbursement against the
   2-23  cost of health care and medical care services provided by the
   2-24  health maintenance organization;
   2-25              (6)  the offering of:
   2-26                    (A)  indemnity benefits covering out-of-area
   2-27  emergency services; and
   2-28                    (B)  indemnity benefits in addition to those
   2-29  relating to out-of-area and emergency services, provided through
   2-30  insurers or group hospital service corporations;
   2-31              (7)  receiving and accepting from government or private
   2-32  agencies payments covering all or part of the cost of the services
   2-33  provided or arranged for by the organization;
   2-34              (8)  all powers given to corporations (including
   2-35  professional corporations and associations), partnerships, and
   2-36  associations pursuant to their organizational documents which are
   2-37  not in conflict with provisions of this Act, or other applicable
   2-38  law.
   2-39        SECTION 3.  Subsection (f), Section 26, Texas Health
   2-40  Maintenance Organization Act (Article 20A.26, Vernon's Texas
   2-41  Insurance Code), is amended to read as follows:
   2-42        (f)(1)  This Act shall not be applicable to:
   2-43                    (A)  any physician <person licensed to practice
   2-44  medicine in this state, nor to any professional association
   2-45  organized under the Texas Professional Association Act, as amended
   2-46  (Article 1528f, Vernon's Texas Civil Statutes), nor to any
   2-47  nonprofit corporation organized and complying with Section 5.01,
   2-48  Medical Practice Act (Article 4495b, Vernon's Texas Civil
   2-49  Statutes)>, so long as that physician <person, professional
   2-50  association, or nonprofit corporation> is engaged in the delivery
   2-51  of or arranges for the delivery of <health or medical> care that is
   2-52  within the definition of medical care; or
   2-53                    (B)  any provider that furnishes or arranges for
   2-54  the delivery of health care services other than medical care as
   2-55  part of a health maintenance organization delivery network
   2-56  <practicing medicine as defined in Section 2(k) of this Act>.
   2-57              (2)  Except as provided by Section 6(a)(3) of this Act
   2-58  or Subdivision (5) of this subsection, any physician or provider
   2-59  that employs <person, professional association, or nonprofit
   2-60  corporation referred to above, which shall employ> or enters
   2-61  <enter> into a contractual arrangement with a provider or group of
   2-62  providers to furnish basic health care services as defined in
   2-63  Section 2 of this Act is <, would be> subject to the provisions of
   2-64  this Act, and shall be required to obtain a certificate of
   2-65  authority from the commissioner.
   2-66              (3)  Notwithstanding any other law, any physician who
   2-67  <person, professional association, or nonprofit corporation
   2-68  referred to above, which> conducts activities permitted by law but
   2-69  which do not require a certificate of authority under this Act, and
   2-70  in the process contracts with one or more physicians<, professional
    3-1  associations, or nonprofit corporations referred to above>, shall
    3-2  not, by virtue of such contract or arrangement, be deemed to have
    3-3  entered into a conspiracy in restraint of trade in violation of
    3-4  Sections 15.01 through 15.34 of the Business & Commerce Code.
    3-5              (4)  Except for Articles 21.07-6 and 21.58A, Insurance
    3-6  Code, <Notwithstanding any other law, provisions of> the insurance
    3-7  laws, including <law and the provisions of> the group hospital
    3-8  service corporation law, do not apply <shall not be applicable> to
    3-9  physicians and providers <the above persons, professional
   3-10  associations, or nonprofit corporations>.
   3-11              (5)  This Act and the Insurance Code may not be
   3-12  construed to prohibit a physician or provider who is participating
   3-13  in a health maintenance organization delivery network, whether
   3-14  contracting with a health maintenance organization under Section
   3-15  6(a)(3) of this Act or subcontracting with a physician or provider
   3-16  in the health maintenance organization delivery network, from
   3-17  entering into a contractual arrangement described under
   3-18  Subdivisions (6)-(8) of this subsection if the contractual
   3-19  arrangement is entered into in furtherance of the delivery of
   3-20  health care services or medical care through a contractual
   3-21  arrangement with a health maintenance organization.
   3-22              (6)  A physician may contract to provide medical care
   3-23  or arrange to provide medical care through subcontracts with other
   3-24  physicians.  A physician may contract to provide through other
   3-25  providers any services that are ancillary to the practice of
   3-26  medicine, other than hospital or other institutional or inpatient
   3-27  provider services.
   3-28              (7)  A provider may contract to provide, or arrange to
   3-29  provide through subcontracts with similarly licensed providers, any
   3-30  health care services that those providers are licensed to provide,
   3-31  other than medical care.
   3-32              (8)  A provider may contract to provide, or arrange to
   3-33  provide through subcontracts with other providers, a health care
   3-34  service that the provider is not licensed to provide, other than
   3-35  medical care, if the contracted or subcontracted services
   3-36  constitute less than 15 percent of the total amount of services to
   3-37  be provided by that provider or arranged to be provided for by that
   3-38  provider.
   3-39              (9)  A contract or subcontract authorized under
   3-40  Subdivision (6), (7), or (8) of this subsection may provide for
   3-41  compensation based on a fee-for-service arrangement, a risk-sharing
   3-42  arrangement, or a capitated risk arrangement under which a fixed
   3-43  predetermined payment is made in exchange for the provision of, or
   3-44  the arrangement to provide and the guaranty of the provision of, a
   3-45  defined set of covered services to the covered persons for a
   3-46  specified period, regardless of the amount of services actually
   3-47  provided.
   3-48        SECTION 4.  This Act takes effect September 1, 1995, and
   3-49  applies only to a contract that is entered into or renewed on or
   3-50  after January 1, 1996.  A contract that is entered into or renewed
   3-51  before January 1, 1996, is governed by the law as it existed
   3-52  immediately before the effective date of this Act, and that law is
   3-53  continued in effect for that purpose.
   3-54        SECTION 5.  The importance of this legislation and the
   3-55  crowded condition of the calendars in both houses create an
   3-56  emergency and an imperative public necessity that the
   3-57  constitutional rule requiring bills to be read on three several
   3-58  days in each house be suspended, and this rule is hereby suspended.
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