RS H.B. 102 75(R)BILL ANALYSIS


INSURANCE
H.B. 102
By: Gray
4-18-97
Committee Report (Substituted)



BACKGROUND 

Close to 4 million babies are born annually in the United States making
childbirth the most common cause of hospitalization.  In 1970 the average
length of hospital stay was four days after normal vaginal delivery and
eight days for a caesarean section.  By 1992 it had become common practice
to release mothers and babies from the hospital 24 hours after a normal
vaginal delivery and 76 hours after a caesarean section.  Some health
maintenance organizations (HMO's) limit hospital stays to 8 and 12 hours
after childbirth.  This trend to shorten hospital stays is a push by
insurers to save money.  According to the Centers for Disease Control and
Prevention about 14 percent of women and 11 percent of newborns experience
complications after their release from the hospital. 

PURPOSE

This bill would require health benefit plans to provide minimum inpatient
stay and post delivery care for the mother and infant.   

RULEMAKING AUTHORITY

It is the opinion of the committee that additional rulemaking authority is
granted to the Commissioner of Insurance in SECTION 1 of the bill,
(Section 5, Section 7, and Section 8, Article 21.53F, Chapter 21E,
Insurance Code). 

SECTION BY SECTION ANALYSIS

Section 1. Amends Chapter 21E, Insurance Code, by adding Article 21.53F,
as follows: 

  Article 21.53F.  COVERAGE FOR MINIMUM INPATIENT STAY IN HEALTH CARE
FACILITY AND POST DELIVERY CARE FOLLOWING THE BIRTH OF A CHILD 

 Sec. 1. SHORT TITLE: "Lee Alexandria Hanley Act."

Sec. 2. DEFINITIONS. Defines "attending physician," "enrollee," and
"health benefit plan." 

Sec. 3. SCOPE OF ARTICLE. (a) Outlines the types of health benefit plans
this article does and does not apply to. 

Sec. 4. REQUIRED COVERAGE FOR MINIMUM INPATIENT STAY FOLLOWING BIRTH;
EXCEPTION.  
(a) A plan that provides maternity benefits must include coverage for
inpatient care for mother and newborn for 48 hours following an
uncomplicated vaginal deliver, and 96 hours following an uncomplicated
caesarean section. 
(b) Health plan that provides for in-home post delivery care for mother
and newborn is not required to provide minimum number of hours unless
determined medically necessary by doctor or requested by mother. 
(c) Determination of an uncomplicated delivery shall be made by the
attending physician. 
 (d) This article does not require a mother who is eligible for coverage
under this plan to give birth in a hospital or other health care facility,
or require the mother to remain under inpatient care in a hospital or
health care facility for a fixed amount of time. 


Sec. 5. POST DELIVERY CARE
(a) If mother and newborn are discharged before minimum hours of care are
reached then care shall be provided at mother's home, health care
provider's office, health care facility, or other location considered
appropriate by rules of commissioner. 
(b) Mother must have option of in home care.
(c) "Post delivery care" shall mean postpartum health care services
according to accepted maternal and neonatal physical assessments. 

Sec. 6. PROHIBITIONS
(a) A health benefit plan may not modify the terms and conditions of
coverage based on determination of enrollee to request less than minimum
amount of coverage under section 4(a) of this article, offer compensation
in return for waiving the minimum amount of coverage possible, refuse to
accept physicians recommendation for care after consultation with patient,
reduce payment or reimbursement for care below customary rate, or penalize
a physician for recommending in home care for patient. 

Sec. 7. NOTICE.
Written notice shall be provided to each enrollee in accordance with rules
adopted by commissioner 

Sec. 8. RULES. The commissioner shall adopt rules as necessary to enforce
article. 

SECTION 2.  Effective Date: September 1, 1997.  Article shall apply only
to plan that is delivered, issued for delivery or renewed on or after
January 1, 1998. 

SECTION 3.  Emergency Clause.


COMPARISON OF SUBSTITUTE TO ORIGINAL BILL

SECTION 1.
Changes article to be added from article 21.53D to 21.53F.  Adds short
title as new section 1.  In Section 1, substitute adds definition of
"enrollee" and changes definition of "health benefit plan" to new Section
3, "Scope of Article."  Renumbers other sections accordingly.  Section 4
specifies that minimum stay requirements apply to an "uncomplicated"
delivery, vaginal or caesarean.   Adds subsection (c) to clarify who
determines "uncomplicated."  Adds subsection (d) to provide that it is not
necessary to give birth in a hospital or health care facility.  Changes
subsection (5) to say a health benefit plan "must" provide coverage for
timely postdelivery care instead of "shall" in previous version.  Section
6 is changed to specify "American College of Obstetricians and
Gynecologists," and "the American Academy of Pediatrics" as organizations
which may recommend minimum standards.  Adds "in accordance with rules
adopted by the commissioner" to the notice requirement in Section 7.
Renumbers section in which rulemaking authority is granted to the
Commissioner to Section 8.   

SECTION 2. 
Eliminates requirement that the notice be transmitted to enrollees by a
specified date.  Changes to effective date of article.   
 
SECTION 3. 
New section for emergency clause.