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.