Amend CSSB 386 as follows: Amend SECTION 1, Sec. 88.002 by adding a new subsection (c) and relettering the remaining sections appropriately: (c) It shall be a defense to any action asserted against a health insurance carrier, health maintenance organization, or other managed care entity for a health care plan that: (1) neither the health insurance carrier, health maintenance organization, or other managed care entity, nor any employee, agent, ostensible agent, or representative for whose conduct such health insurance carrier, health maintenance organization or other managed care entity is liable under Section 88.002(b), controlled, influenced, or participated in the health care treatment decision, and; (2) the health insurance carrier, health maintenance organization, or other managed care entity did not deny or delay payment for any treatment prescribed or recommended by a provider to the insured or enrollee.