By Wentworth                                          S.R. No. 1267
       74R14041 PFG-D
                                  R E S O L U T I O N
    1-1        WHEREAS, The members of a dental provider plan purchase
    1-2  dental care at a discounted or predetermined rate from the network
    1-3  of participating dentists in the plan; however, unlike traditional
    1-4  health insurance, these plans do not prepay participating dentists
    1-5  or offer indemnification or reimbursement for the cost of dental
    1-6  care; and
    1-7        WHEREAS, Dental provider organizations in Texas recognize an
    1-8  urgent need to clarify this distinction and to set firm standards
    1-9  for the industry that will enable consumers to make informed
   1-10  decisions about this vital component of the health care system;
   1-11  now, therefore, be it
   1-12        RESOLVED, That the members of the Senate of the 74th
   1-13  Legislature of the State of Texas hereby recommend that the Texas
   1-14  Department of Insurance in conjunction with dental provider
   1-15  organizations in the state develop a clear set of guidelines and
   1-16  minimum standards for dental provider organizations to adhere to in
   1-17  order to ensure the solvency and efficiency of the industry and to
   1-18  provide adequate information and protection to dental plan members;
   1-19  and, be it further
   1-20        RESOLVED, That these guidelines direct each dental provider
   1-21  organization in the state to make readily available a copy of the
   1-22  following information to confirm its financial soundness and the
   1-23  adequacy of its management and dental provider plan: a copy of its
   1-24  articles of incorporation, articles of association, partnership
    2-1  agreement, trust agreement, or other organizational document,
    2-2  assumed name documents, and all amendments; a copy of the
    2-3  organization's rules, bylaws, or similar documents regulating
    2-4  internal affairs; a list of names, addresses, and official
    2-5  positions of the persons in authority, including members of the
    2-6  board of directors, board of trustees, executive committee, or
    2-7  other governing body or committee, the principal officers if a
    2-8  corporation, and the partners or members if a partnership or
    2-9  association; a sample copy of the form of contract between a
   2-10  dentist, other provider, marketing representative, or person in
   2-11  authority; a current audited financial statement; and a description
   2-12  of the geographic or metropolitan area served; and, be it further
   2-13        RESOLVED, That the guidelines direct dental care providers to
   2-14  furnish each member with a complete and easily understood schedule
   2-15  of dental care service fees and a list of participating dentists in
   2-16  the member's geographical area; the schedule should inform the
   2-17  member that the dental provider plan does not constitute dental
   2-18  insurance and is not a health maintenance organization contract and
   2-19  that the dental provider organization does not reimburse the
   2-20  dentists or indemnify its members for the cost of dental care
   2-21  services; and, be it further
   2-22        RESOLVED, That the guidelines direct dental provider
   2-23  organizations to establish a reasonable system for the resolution
   2-24  of complaints by members and to furnish information about the
   2-25  complaint resolution system; and, be it further
   2-26        RESOLVED, That the guidelines direct dental provider
   2-27  organizations to maintain a minimum surplus of $100,000, valued
    3-1  following generally accepted accounting principles, and to post a
    3-2  surety bond with the state treasury in the amount of $100,000 to
    3-3  secure the debts and obligations of the organization to its
    3-4  members, making a copy of the bond readily available; and, be it
    3-5  further
    3-6        RESOLVED, That the guidelines strongly discourage a dental
    3-7  provider organization from deliberately allowing the use of false
    3-8  or misleading advertising, solicitations, or fee schedules and
    3-9  require that an organization state in its marketing or advertising
   3-10  materials that the dental provider plan does not constitute dental
   3-11  insurance or a health maintenance organization contract and that
   3-12  the dental provider organization does not reimburse the dentists or
   3-13  indemnify its members for the cost of dental care services; and, be
   3-14  it further
   3-15        RESOLVED, That the Texas Department of Insurance prepare a
   3-16  report on the compliance of dental provider organizations with
   3-17  these guidelines, that the report be submitted to the governor, the
   3-18  lieutenant governor, the speaker of the house, and the legislature
   3-19  not later than August 31, 1996, and that a follow-up report be
   3-20  submitted by January 15, 1997.