SRC-HRD C.S.S.B. 54 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 54
By: Shapiro
Economic Development
2-27-97
Committee Report (Substituted)

DIGEST 

Currently, Texas law does not require a health benefit plan to allow a
woman to select an obstetrician or gynecologist in addition to a primary
care physician.  Furthermore, most plans allow a woman only one well-woman
examination per year and require a woman to obtain a referral from her
primary care physician before seeing her obstetrician or gynecologist for
female-related care needs. This bill would require a health benefit plan
to allow a woman to designate, in addition to a primary care physician, an
obstetrician or gynecologist to provide health care services within his or
her speciality.  In addition, a woman would be allowed to have direct
access to her obstetrician or gynecologist without having to first obtain
a referral from a primary care physician. 

PURPOSE

As proposed, C.S.S.B. 54 requires a health benefit plan to allow a woman
who is covered under the plan to select, in addition to a primary care
physician, an obstetrician or gynecologist without a referral  from her
primary care physician. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the commissioner of insurance under
SECTION 1 (Section 6, Article 21.53D, Insurance Code), of this bill. 

SECTION BY SECTION ANALYSIS

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

Art. 21.53D.  ACCESS TO CERTAIN OBSTETRIC OR GYNECOLOGICAL CARE

Sec. 1.  DEFINITIONS.  Defines "enrollee," "health benefit plan," and
"physician.,"   

Sec 2.  SCOPE OF ARTICLE.  Provides that this article applies to certain
health benefit plans. 

Sec. 3.  ACCESS OF FEMALE ENROLLEE TO HEALTH CARE.  Requires each health
benefit plan subject to this article to permit a woman who is entitled to
coverage to select, in addition to a primary care physician, an
obstetrician or gynecologist to provide health care services within the
scope of the professional specialty practice of a properly credentialed
obstetrician or gynecologist.  Requires the plan to include a number of
properly credentialed obstetricians and gynecologists sufficient to ensure
access to the services that fall within the scope of that credential.
Provides that this section does not affect the authority of a health
benefit plan to establish selection criteria regarding other physicians
who provide services through the plan. 

Sec. 4.  DIRECT ACCESS TO SERVICES OF OBSTETRICIAN OR GYNECOLOGIST.
Requires each health benefit plan, in addition to other benefits
authorized by the plan, to permit a woman who designates an obstetrician
or gynecologist as provided under Section 3 of this article direct access
to the health care services of the designated obstetrician or gynecologist
without a referral by the woman's primary care physician or prior
authorization or precertification from a health benefit plan.  Sets forth
the health care services that this article includes.  Sets forth
prohibitions regarding copayments or deductibles for direct  access to the
health care services of an obstetrician or gynecologist under this
section. Provides that this section does not affect the authority of a
health benefit plan to require the designated obstetrician or gynecologist
to forward information concerning the medical care of the patient to the
primary care of the physician.  Prohibits, nonetheless, the failure on the
part of the obstetrician or gynecologist to provide such information from
resulting in any penalty imposed upon the obstetrician or gynecologist or
the patient by the health plan. Authorizes a health benefit plan, in
implementing the access required under Section 3 of this article, to limit
a woman enrolled in the plan to self-referral to one participating
obstetrician and gynecologist for both gynecological care and obstetrical
care.  Provides that this subsection does not affect the right of the
woman to select the physician who provides that care.  Prohibits a health
benefit plan from sanctioning or terminating primary care physicians as a
result of female enrollees' access to participating obstetricians and
gynecologists under this section.   

Sec. 5.  NOTICE.  Requires each benefit plan to provide to persons covered
by the plan a timely written notice in clear and accurate language of the
direct access to health care services required by this article. 

Sec. 6.  RULES.  Requires the commissioner of insurance to adopt rules as
necessary to implement this article. 

Sec. 7.  ADMINISTRATIVE PENALTY.  Provides that an insurance company,
health maintenance organization, or other entity that operates a health
benefit plan in violation of this article is subject to an administrative
penalty as provided by Article 1.10E of this code.   
SECTION 2.  Makes application of this Act prospective to January 1, 1998.

SECTION 3.  Effective date:  September 1, 1997.

SECTION 4.  Emergency clause.  

SUMMARY OF COMMITTEE CHANGES

Amends SECTION 1 as follows:  

Amends Section 1 to provide that "health benefit plan" means a plan
described in Section 2 of this article. 

Amends Section 2 to change the title of the section and to provide that
this article applies to certain health benefit plans. 

Amends Section 3 to change the title of the section and to provide that
this section does not affect the authority of a health benefit plan to
establish selection criteria regarding other physicians who provide
services through the plan. 

Amends Section 4 to revise the title of the section and set forth certain
requirements for a health benefit plan. 

Amends Section 5 to require a health benefit plan to provide to persons
covered by the plan a timely written notice in clear and accurate language
of the direct access to health care services required by this article.   

Adds Section 7 to provide that an insurance company, health maintenance
organization, or other entity that operates a health benefit plan in
violation of this article is subject to an administrative penalty as
provided by Article 1.10E of this code.