Amend CSSB 385 by adding the following SECTION, appropriately numbered, to the bill and renumbering subsequent SECTIONS of the bill appropriately: SECTION ____. (a) The Texas Health Maintenance Organization Act (Chapter 20A, Vernon's Texas Insurance Code) is amended by adding Section 11C to read as follows: Sec. 11C. ENROLLEE INFORMATION RELATING HYSTERECTOMIES. (a) A physician providing services to an enrollee under a health care plan, before performing a hysterectomy on the enrollee, shall provide to the enrollee the materials described by this section. This subsection does not apply if the hysterectomy is performed in a life-threatening situation in which the physician determines that providing the materials is not reasonably possible. If providing the materials is not reasonably possible, the physician shall include in the enrollee's medical records a written statement signed by the physician certifying the nature of the emergency. (b) The commissioner of insurance shall develop and prepare written materials to inform an enrollee of the risks and hazards of a hysterectomy and the availability of alternatives to a hysterectomy. In preparing the information to be provided under this section, the commissioner may consult with the Texas Medical Disclosure Panel established under the Medical Liability Insurance Improvement Act of Texas (Article 4590i, Vernon's Texas Civil Statutes) or any other appropriate agency of this state. (c) The materials shall be available in English, Spanish, and any other language the commissioner considers appropriate. The information must be presented in a manner understandable to a layperson. (d) The materials must include; (1) a notice that a decision made at any time to refuse to undergo a hysterectomy will not result in the withdrawal or withholding of any benefits provided under the health care plan or under programs or projects receiving federal funds or otherwise affect the patient's right to future care or treatment; (2) the name of the person providing and explaining the materials: (3) a statement that the enrollee understands that the hysterectomy is permanent and nonreversible and that the enrollee will not be able to become pregnant or bear children if she undergoes a hysterectomy; (4) a statement that the enrollee has the right to seek a consultation from a second physician participating in the health care plan; (5) a statement that the enrollee has been informed that a hysterectomy is a removal of the uterus through an incision in the lower abdomen or vagina and that additional surgery may be necessary to remove or repair other organs, including an ovary, tube, appendix, bladder, rectum, or vagina; (6) blank spaces to list the procedures to be performed; (7) a statement that the enrollee was informed of available and medically appropriate alternatives and blank spaces to list the alternatives; (8) a description of the discomforts and risks that may accompany or follow the performance of the procedure; (9) a description of the risks, hazards, and potential side effects of any anesthetic to be used; (10) a blank space to indicate the approximate length of hospital stay and time of recovery; (11) a statement of any related cost of the procedure that the enrollee will be required to pay; and (12) a written statement to be signed by the enrollee indicating that the materials have been provided and explained to the enrollee and that the enrollee understands the nature and consequences of a hysterectomy. (b) The commissioner of insurance shall prescribe the form and content of the materials required to be distributed under Section 11C, Texas Health Maintenance Organization Act (Section 20A.11C, Vernon's Texas Insurance Code), as added by this Act, not later than January 1, 1998. (c) The change in law made by this section applies only to a hysterectomy performed on or after January 1, 1998, by a physician providing services to an enrollee under a health care plan.