Amend CSSB 386 as follows: (1) Insert a new SECTION, appropriately numbered, to read as follows: SECTION __. Subchapter E, Chapter 21, Insurance Code, is amended by adding Article 21.52G to read as follows: Art. 21.52G. PROHIBITION OF PENALTIES FOR CERTAIN ACTS OF A HEALTH CARE PRACTITIONER Sec. 1. RESTRICTIONS PROHIBITED. (a) A health benefit plan offered by an insurer may not include in a contract with a health care practitioner who provides professional services to a person covered under the plan any provision that penalizes the health care practitioner for: (1) referring the person for additional diagnosis or treatment by a specialist; or (2) otherwise using the practitioner's own best professional judgment in prescribing a particular medication, treatment, or device for use by the person. (b) This section does not preclude an insurer from using utilization review in a manner that complies with Article 21.58A of this code in the operation of a health benefit plan offered by that insurer. Sec. 2. ADMINISTRATIVE PENALTY. An insurer who violates this article in the operation of a health benefit plan offered by that insurer is subject to an administrative penalty as provided by Article 1.10E of this code. (2) In the transitional material of the bill, add a new SECTION, appropriately lettered, to read as follows: SECTION ____. Article 21.52G, Insurance Code, as added by this Act, applies only to an insurance policy or evidence of coverage that is delivered, issued for delivery, or renewed on or after January 1, 1998. A policy or evidence of coverage that is delivered, issued for delivery, or renewed before January 1, 1998, is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for this purpose. (3) Renumber the SECTIONS of the bill accordingly.