RS C.S.H.B. 2058 75(R)    BILL ANALYSIS


INSURANCE
C.S.H.B. 2058
By: Delisi
5-5-97
Committee Report (Substituted)



BACKGROUND 
Currently, the Texas HMO Act (Article 20A of the Insurance Code) along
with portions of the Utilization Review Act (Insurance Code, Article
21.58A) establish and regulate health maintenance organizations.  Despite
these statutes and extensive regulation, public concern about managed care
remains evident.  Issues that have received attention from the media and
from legislative study include gag clauses, financial incentives to
providers, determinations of inpatient length-of-stay, provider selection
and de-selection, network restrictions, restrictions and denials of care,
determinations of medical necessity, adequate complaint and appeals
processes, disclosure of information to consumers, and inherent influences
in for-profit health care delivery. 

This bill would establish and regulate a type of health maintenance
organization called an Integrated Health Plan (IHP).  Integrated Health
Plans would address concerns about managed care, including those listed
above, by providing a structural approach to ensuring quality.  IHPs would
be managed care organizations that are required to meet high structural
and procedural standards.  These high structural and procedural standards
would promote and ensure quality by requiring: 
_leadership by physicians, not administrators or bureaucrats;
_the structural elimination of financial incentives that could influence
physician behavior; 
_a continuous and accountable quality improvement plan
_significant reinvestment of premiums in services and programs to the
community and members; 
_investment in continuously improving medical practice through
affiliations with accredited medical schools; and 
_long-term viability through solvency and net worth requirements.


PURPOSE
This bill would establish and regulate integrated health plans.

RULEMAKING AUTHORITY
It is the committees opinion that rulemaking authority exists in SECTION 1
of the bill (Art. 20B.002, Insurance Code, and Article 20B.082(b),
Insurance Code). 

SECTION BY SECTION ANALYSIS
SECTION 1. - Insurance Code is amended by adding Chapter 20B as follows:

Chapter 20B. INTEGRATED HEALTH PLANS

Subchapter A. GENERAL PROVISIONS

Art. 20B.001. DEFINITIONS: Defines "Basic health services," "Group Medical
Practice," "Health maintenance organization," "Integrated health plan,"
"Life-threatening disease or condition," "Member," "Plan," "Provider," and
"Subscriber." 

Art. 20B.002. RULES: The commissioner shall adopt rules as necessary to
implement this article. 

 Art. 20B.003. EFFECT OF CERTIFICATION. A health maintenance organization
certified as an integrated health plan is subject to regulation only as
provided by this chapter. 

Subchapter B. CERTIFICATION REQUIREMENTS

Art. 20B.011. CERTIFICATION BY THE COMMISSIONER.  On submission of an
application to the department, the commissioner shall issue a certificate
of authority as an IHP to an eligible nonprofit HMO that:  meets the
requirements of subchapter C, D, E, F, and G and is accredited by the
National Committee on Quality Assurance or a similarly recognized review
organization acceptable to the commissioner. 

Art. 20B.012.  ELIGIBILITY.  The commissioner may not issue a license to a
single service or limited service HMO under this article. 

Art. 20B.013.  REVOCATION OF CERTIFICATE. (a) After notice to an IHP and
an opportunity for a hearing the commissioner may revoke a certificate
issued under this chapter for violations. 

(b) The commissioner shall notify the IHP of the revocation at least 30
days prior to the revocation. 

(c) The IHP has 30 days after the notice is sent to correct the problems
listed in the notice or show to the satisfaction of the commissioner that
the information is incorrect. 

(d) An IHP that receives a notice under this article may dispute the
assertions and request a hearing. 

Art. 20B.014 COMPLIANCE WITH STANDARDS OR RATIOS.  Notwithstanding any
other provisions of this chapter the commissioner may not issue a
certificate of authority to and may revoke the certificate of authority of
an IHP that fails to meet the standards set by the commissioner. 

Subchapter C. ADMINISTRATION AND ORGANIZATION OF PLAN

Art. 20B.021. NONPROFIT ENTITY. Each plan must be organized as a nonprofit
entity. 

Art. 20B.022. BOARD OF DIRECTORS.  Each plan must have a board of
directors that includes members and physicians or a combination of
physicians or providers who provide health care services. 

Art. 20B.023. GROUP MEDICAL PRACTICE. (a) Each plan shall provide the
majority of its professional medical services through a single group
medical practice. 

(b) A plan shall appoint a C.E.O. who is a member of the group practice or
adopt procedures that ensure cooperation between the group practice and
the plan. 

(c) The procedures adopted under Subsection (b) must adopt measures by
which interests of the enrollees, and physicians are represented at the
decision making level. 

(d) Physicians from the group practice shall make determinations regarding
medical utilization management, medical quality assurance, medical issues
relating to coverage, medical necessity and appropriateness of treatment,
and issues relating to pre and post authorization of treatment. 

Art. 20B.024. RIGHTS OF PROVIDERS. (a) A plan may not restrict a physician
or other provider from discussing various forms of treatment. But the plan
is not required to provide or cover forms of treatment not included in the
applicable benefit plan. 

(b) The plan or group practice shall, as appropriate, make available and
disclose to  each interested applicant its application procedures and
qualification requirements, and provide a written notice of reasons an
initial application by a provider may be denied. 

Art. 20B.025. CREDENTIALING PROGRAM; REQUIREMENTS. (a) Plan shall use
physicians and other providers whose credentials are verified through a
program that meets the requirements of this article. 

(b) The plan shall implement its credentialing program through written
policies and procedures. 

(c) Lists areas the credentialing program will review to find evidence.

(d) The credentialing program will also establish methods for periodic
review to evaluate members comments, plan quality and reviews, utilization
management, member satisfaction surveys. 

Art. 20B.026 PROVIDER INCENTIVE AND ARRANGEMENTS. (a)  A plan may not
provide incentives or rewards to its providers for limiting care to its
members. 

(b) A plan's payment arrangement may not place a provider at such
financial risk that it forces the provider to restrict medical care. 

Art. 20B.027. REVENUE TO BE SPENT ON SERVICE TO MEMBERS. (a) Over a three
year period each plan shall spend at least 85% of its revenue received
from its members on providing services to its members. 

(b) The commissioner shall consider a plan to be in compliance with
subsection (a) through information inferred from periodic reports made to
the National Association of Insurance Companies. 

Art. 20B.028. MARKETING REQUIREMENTS (a) Each plan shall provide adequate
written descriptions of its rules, procedures, benefits, fees, and other
services. 

(b) The plan shall publicize its enrollment period through appropriate
methods, and shall specify whether the enrollment is limited or
continuous. 

(c) On request by a member, the plan shall provide a list of member rules
and rights with specified information. 

(d) The plan shall not discriminate in its marketing by discouraging
participation on the basis of age and race, or attempting to enroll high
income members without a comparable effort to enroll low income members. 

(e) The plan may not mislead in its attempt to market itself.

(f) The plan may not offer gifts or payments as inducements in its
attempts to attract enrollees, except for marketing materials, meals,
souvenirs and other items of nominal value. 

Subchapter D. QUALITY IMPROVEMENT

Art. 20B.041. QUALITY IMPROVEMENT PROGRAM. (a) Each plan shall adopt an
ongoing quality improvement program monitor and evaluate the quality of
its care and services.  The scope and content of the program shall include
the quality and clinical care of its services.  Lists topics for
consideration for quality improvement statement. 

(b)The quality improvement program shall list areas for improvement.
Evaluation of important aspects of care shall include high-volume, and
high-risk services. Lists aspects  of the plan that shall be evaluated and
established through the evaluation program. 

Art. 20B.042.  ORGANIZATIONAL DESCRIPTION. Each plan shall specify within
its quality improvement program, its organizational arrangements, and
responsibilities for quality improvement.  The plan shall maintain a
written description of the program that outlines the program structure and
design.  This description will be subject to periodic review and updates. 

Art. 20B.043.  PROGRAM IMPLEMENTATION. (a) A designated senior executive
shall be responsible for implementation of this program. 

(b) If quality improvement programs are delegated to independent
contractors, the improvement program must require oversight of the
delegated activities, and include periodic reporting by the contractor. 

Art. 20B.044. QUALITY IMPROVEMENT COMMITTEE. (a) Each plan shall appoint a
committee to oversee and support quality improvement activities. 

(b) The committee shall maintain records reflecting the actions of the
committee.  The committee shall annually  adopt improvement plans to deal
with objectives and planned projects, monitoring of previously identified
activities, evaluation of improvement programs. 

(c) The committee shall be accountable to the governing party or a
committee of senior managers.  The committee shall demonstrate strong
accountability standards. 

Art. 20B.045. REPORTS; COORDINATION OF ACTIVITIES. The quality improvement
program shall document suggestions, findings, and results of actions
taken.  Quality improvement activities shall be coordinated  with other
monitoring activities. 

Art. 20B.046. DATA ANALYSIS. The quality improvement program shall analyze
measurements of quality and quantity of improvements.  Objective
measurements will be used to measure and evaluate aspects of care and
service.  The program shall analyze all data collected. 

Art. 20B.047. EVALUATION. (a) Each quality improvement program shall
ensure that its recommendations take effect as necessary. 

(b) The results of evaluations conducted under this article shall be used
to provide clinical care and service. 

Art. 20B.048. ANNUAL ASSESSMENT BY PLAN; REPORT.  Each plan shall annually
assess the effectiveness of its quality improvement program and issue
annual reports about improvements. 

Subchapter E. DELIVERY OF HEALTH CARE SERVICE TO MEMBERS.

Art. 20B.061. SERVICE DELIVERY SYSTEM.  Each plan shall provide or arrange
for the provision of services to its members.  The services shall be
accessible with respect to location, hours, and after-hour services.
Services may be provided at extended ranges if necessary to provide a
higher level of skill or services than that which is available. Emergency
services shall be available at all times. Appropriate methods shall be
employed to monitor accessibility to services. 

Art. 20B.062. STANDARDS FOR DELIVERY OF CARE; MEMBER ACCESS. Each plan
shall maintain standards regarding the availability of primary care
providers and access to services provided.  Performance of each plan shall
be assessed against these standards. 

Art. 20B.063 HEALTH MANAGEMENT EFFORTS.  Each plan shall take an active
role in  relation to its members  by identifying those members with
chronic illnesses and implementing appropriate responses.  The plan shall
inform and educate each provider about using the health management
program for the members assigned to that provider. 

Art. 20B.064. MEDICAL RECORDS AND CONTINUITY OF CARE. (a) A plan shall
ensure continuity of care through use of a health care professional who is
primarily responsible for coordinating overall health, and a system that
maintains or ensures the maintenance of necessary health and medical
records. 

(b) A plan shall have policies and procedures governing the maintenance of
health and medical records to ensure they are properly maintained. 

(c) A plan shall ensure that records are confidential and will refuse the
release of information except for specified circumstances. 

Art. 20B.065. PAYMENT OF CERTAIN EMERGENCY SERVICES. (a) The plan is
financially responsible and shall provide reimbursement for necessary
emergency services that are obtained from a provider outside the plan even
if provided without prior authorization. 

(b)The plan is financially responsible  for the charges incurred by a
hospital emergency department for an examination to determine a medical
emergency. 

(c) After stabilization, the plan shall respond in a timely manner
appropriate to the case for provision of additional services through the
hospital emergency department. 

(d) On submission of written notice by a member of a valid claim, the plan
shall promptly reimburse for emergency services. 

Art. 20B.066. MEMBER RIGHTS AND RESPONSIBILITIES. (a) The plan shall adopt
written policies to protect specified rights of a member. 

(b)  Written policies shall be adopted to address the responsibility of a
member to cooperate with providers.  Specifies members responsibilities. 

(c) The plan shall provide a copy of its policies on request to each
participating provider and directly to each subscriber. 

Art. 20B.067. GRIEVANCE RESOLUTION.  Each plan shall inform each
subscriber in writing of the appeal and grievance process.  The plan shall
have a formal system for resolving grievances. 

Art. 20B.068. DIRECT ACCESS. (a) The plan shall have a written procedure
to allow an enrollee with a chronic or life threatening condition to apply
for direct access to specialist to care for that condition.  This may
include approval by the primary care physician. 

(b) The plan may set conditions for direct access to a specialist.

(c) A member may appeal the denial of direct access to a specialist.

Subchapter F. PROTECTION AGAINST INSOLVENCY.

Art. 20B.081.  NO PRIVATE INTEREST. No individual or other person may own
interest in a plan. 

Art. 20B.082.  NET WORTH; RETAINED EARNINGS. (a) A plan's total net worth
shall represent its earnings.  Explains what earnings will reflect.  The
commissioner will determine the total net worth each plan shall maintain.
The commissioner shall accept a plan's total net worth, if it's average
worth for the three years prior to filing to be IHP  exceeds $10 million. 

Art. 20B.083. LIQUID ASSETS.  Each plan shall maintain sufficient assets
to meet their financial obligations when due. 

Art. 20B.084. SOLVENCY PROTECTION PROGRAM.  Each plan shall maintain a
solvency protection program that includes methods to protect plan members
from liability on payment of fees for services that are part of the plan. 

Subchapter G. UTILIZATION MANAGEMENT

Art. 20B.101. UTILIZATION MANAGEMENT PROGRAM. (a)  Each plan shall adopt a
utilization management program to ensure that care provided is appropriate
and of high quality. 

(b) The program must provide for review of new medical procedures,
provider performance, service utilization, procedures for
pre-authorization if it is used, and concurrent review. 

(c) Program must require that pre-authorization requirements are
supervised by qualified medical professionals, and that denial of care
must be reviewed by a physician. 

Art. 20B.102. PROCEDURES FOR DENIAL OF TREATMENT. (a) A program must
provide that utilization management decisions are done in a timely manner,
reasons for denial are clearly documented and available, procedures for
appeal are provided to the member. 

(b) The program must include a process for appeal of an adverse
determination, with specified conditions listed. 

(c) Unless it is a life-threatening situation, an appeal of adverse
determination must be resolved within 30 days after receipt of all
necessary medical information.  If the situation constitutes a
life-threatening situation, it must be decided in an expedited manner. 

(d) The program must include an expedited process for appeal of a denial
of treatment for a life threatening situation.  An appeal of a life
threatening situation must be resolved not later than the seventh day
after receipt of the request. 

Art. 20B.103. HOSPITAL STAY. The program shall ensure that an appropriate
length of stay in a hospital is made by the attending physician and
patient.  Determination of an appropriate length of stay may not be based
on economic criteria. 

Subchapter H. OPERATION OF AN INTEGRATED HEALTH PLAN.

Art. 20B.121. DETERMINATION OF MEDICAL NECESSITY. (a)An IHP must have a
written set of policies and procedures for making determinations as to
whether a treatment is medically necessary, experimental, or
investigational. 

(b) The medical director of an IHP will make the determination described
in subsection (a), and may delegate this responsibility to one or more
physicians licensed to practice in this state, and who are affiliated with
the group medical practice. 

(c) The IHP or group medical practice shall subscribe or have access to an
organized technology assessment service which is not affiliated with the
plan or practice. 

(d) The IHP or group plan shall have a committee composed of licensed
physicians affiliated with the group and, as necessary, other types of
licensed professionals that serve  as an advisory body to the medical
director in making these determinations. 

(e) Sets out list of actions to be completed before a procedure can be
determined not medically necessary. 

(f) An enrollee may appeal a determination through the grievance
resolution procedure under this chapter. 

Art. 20B.122. LIABILITY. (a) An IHP that complies with the policies and
procedures required under Art. 20B.121 is not liable for personal injury,
property damage, or death that arises as a result of a decision by the
plan to cover or not cover treatment.  If the member fails to request
approval from the plan for the treatment prior to the treatment being
performed then the plan is not liable for personal injury, property
damage, or death that arises as a result of the decision. 

(b) An IHP  and group medical practice may indemnify the other with
respect to a negligent act or omission. 

Art. 20B.123. APPLICATION OF INSURANCE LAWS. (a) Except as provided  by
this article, an IHP is exempt from the application of all insurance laws
of this state including this code. 

(b) An IHP is subject to specified laws listed as they existed on January
15, 1997. 

(c) An amendment to the laws listed applies to an IHP only if it is
specifically stated in an amendment. 

(d) No laws added after January 15, 1997 apply to an IHP unless they
explicitly say so. 

(e) Unless specifically stated, a law or rule regardless of the effective
date may not prohibit an IHP from doing the following: selectively
contracting or declining to contract with any or all providers as the IHP
considers necessary, selectively contracting or declining to contract for
an individual health care service or range of services as the IHP
considers necessary, require enrolled members of an IHP to use specified
providers affiliated with the plan. 

SECTION 2. Effective Date, September 1, 1997.

SECTION 3. Emergency Clause.




COMPARISON OF ORIGINAL TO SUBSTITUTE


Changes definition of "Group medical practice" by making it a group that
voluntarily supports medical education "and" research through a formal
affiliation with a medical school. 

Adds Article 20B.014 entitled "Compliance with Standards or Ratios"
stating that the commissioner may not issue a certificate of authority to
an IHP that fails to maintain complaint standards or ratios, quality of
care standards or ratios, or financial stability or viability standards or
ratios considered appropriate by the commissioner. 

Amends page 19, line 12 by changing from "including" to "excluding"
surplus notes arrangements.