Amend CSSB 385 as follows: (1) Insert a new SECTION, appropriately numbered, to read as follows: SECTION ____. The Texas Health Maintenance Organization Act (Chapter 20A, Vernon's Texas Insurance Code) is amended by adding Section 14A to read as follows: Sec. 14A. PROHIBITION OF PENALTIES FOR CERTAIN ACTS OF PHYSICIAN OR PROVIDER; ADMINISTRATIVE PENALTY. (a) A health maintenance organization may not include in a contract with a physician or provider who provides medical care or health care to a person covered under the plan any provision that penalize the physician or provider for: (1) referring the person for additional diagnosis or treatment by a specialist; or (2) otherwise using the physician's or provider's own best professional judgment in prescribing a particular medication, treatment, or device for use by the person. (b) This section does not preclude a health maintenance organization from using utilization review in a manner that complies with Article 21.58A, Insurance Code, in the operation of a health care plan offered by that health maintenance organization. (c) A health maintenance organization that violates this article in the operation of a health care plan offered by that health maintenance organization is subject to an administrative penalty as provided by Article 1.10E, Insurance Code. (2) Renumber the SECTIONS of the bill accordingly.