RS S.B. 382 75(R)    BILL ANALYSIS

INSURANCE
S.B. 382
By: Madla (Smithee)
4-22-97
Committee Report (Amended)

BACKGROUND 

Currently, under Article 20A, Insurance Code, the Health Maintenance
Insurance Act,  a health maintenance organization (HMO) is licensed by the
commissioner of insurance as a basic service HMO to provide a broad range
of health services or a single service HMO to provide a single health care
service to an enrolled population.  Provider sponsored networks have begun
to take on characteristics identical to or closely resembling HMOs.
Often, individual and small groups of providers join forces with each
other or with a health care facility such as a hospital to create an
integrated provider network.  Many of these networks contract with an HMO
to provide services or contract directly with an employer group.  This
bill creates a limited service HMO in which physicians and providers may
provide services beyond a single service HMO.  Additionally, this bill
would prohibit an HMO organized to do business in Texas from going to
federal bankruptcy court upon the determination that it is insolvent,
authorize the commissioner to deal with such HMOs, and readjust the
surpluses required to be maintained by certain HMOs.      

PURPOSE

As proposed, S.B. 382 provides for the regulation by the commissioner of
insurance of health maintenance organizations (HMOs) that provide limited
health care service plans, the regulation of insolvent HMOs by the
commissioner instead of the proceedings of federal bankruptcy court, and
the readjustment of the surpluses required to be maintained by certain
HMOs. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. - Amends the definition of "health care services" and "health
maintenance organization" under Art. 20A.02, by adding "a limited health
care service plan" to the existing definition.  This bill also adds the
definition of "Limited health care services", "Limited health care service
plan", and reletters the subsequent subsections. 

SECTION 2 - Amends Article 20A.04, the provisions of the HMO Act which
define the contents of a certificate of authority application, by adding a
requirement for a specific description of the health care services to be
provided by a "limited health care service plan" when such entity applies
for a license. 

SECTION 3 - Amends Article 20A.05, by adding references to "limited health
care service plan" and "limited health care services."  These references
would include such plans and services in the provisions of the HMO Act
which require that the plan constitute an "appropriate mechanism" for the
provision of "limited health care services."  This section also amends
Art. 20A.05 by adding a provision which states that by applying for a
certificate of authority, the HMO agrees and admits that it is not subject
to the U.S. Bankruptcy Code and is not eligible to proceed under it. 

SECTION 4 - Amends Article 20A.09, relating to the evidence of coverage,
by adding references to "limited health care services," and "limited
health care service plan."  This statute requires an evidence of coverage
to provide a clear and complete statement of the types of services that an
enrollee is entitled to under the plan. 

 SECTION 5 - Amends Art. 20A.13, relating to Protection Against
Insolvency.  The added language would require an organization offering
"limited health care services" to provide an initial deposit or other
guarantee in the amount of $75,000, in order to obtain a license.   

This section changes reference to the State Treasurer to comptroller and
references to the State Board of Insurance to commissioner.   

This section also changes statutory minimum surplus requirements for HMOs
by increasing those amounts and phasing in the increases over the next
five years.  Specifically, the phase-in schedule and increased
requirements would be as follows: 

Basic Service HMOs:

$700,000 by December 31, 1998;
$900,000 by December 31, 1999;
$1,100,000 by December 31, 2000;
$1,300,000 by December 31, 2001;
$1,500,000 by December 31, 2002.

Limited Service HMOs:

$600,000 by December 31, 1998;
$700,000 by December 31, 1999;
$800,000 by December 31, 2000;
$900,000 by December 31, 2001;
$1,000,000 by December 31, 2002.

Single Service HMOs:

$200,000 by December 31, 1998;
$275,000 by December 31, 1999;
$350,000 by December 31, 2000;
$425,000 by December 31, 2001;
$500,000 by December 31, 2002.

Under existing statutes, the minimum surplus requirements for basic
service HMOs is $500,000 and for single service HMOs it is $125,000. 

This section also adds language to the statute which would require the
commissioner to equitably allocate the group contracts of an insolvent HMO
among other HMOs operating in the state and would establish requirements
relating to the premium rates which may be charged under such allocated
group contracts by the successor HMO. 

Nongroup enrollees who are allocated to HMO's shall offer these enrollees
existing coverage for individuals or conversion coverage as determined by
the type of coverage the had under the insolvent plan. The successor HMO's
which do not offer direct nongroup coverage shall provide coverage as
rates that reflect the average group rate of the successor HMO. 

SECTION 6 - Amends Article 20A.14, to add "limited" in order to include
any HMO offering "limited health care service plans" in this statute.
Article 20A.14 makes Arts. 21.21, 21.21A, 21.212, 21.21-3, 21.21-6, and
21.21-1, TIC, applicable to HMOs that are named in this statute.  This
section also changes "cancelled" is to "canceled," and "nonacceptance" is
to "non-acceptance." 

SECTION 7 - Amends Art. 20A.20, by adding language to include "limited
health care service plans" to the provision which allows the commissioner
to suspend or revoke the certificate of authority of a HMO if "the limited
health care services plan does not provide or arrange for its limited
health care services."  This section also adds HMOs which offer a limited
health care service plan to the provisions which give the commissioner the
statutory authority to suspend or revoke the certificate of authority of a
HMO if the Board (Texas Department of Health) certifies to the
commissioner that the HMO is unable to fulfill its obligation to furnish
its limited health care services as required under its limited health care
service plan. 

SECTION 8 - Amends Art. 20A.26, by adding language which requires any
physician or provider that employs or enters into a contractual
arrangement with a provider or group of providers to furnish basic,
limited, or single health care services to obtain a certificate of
authority. 

SECTION 9 - Amends Art. 20A.31, by adding language which expands the
"Injunctions" provisions of the HMO Act to "Jurisdiction for injunctions
and Receivership and Delinquency Proceedings." This language adds specific
statutory authority for the Commissioner of Insurance to bring suit
against HMOs, allows a court to find that a receiver should take charge of
an HMO's assets, and to name the Commissioner of Insurance as receiver of
the HMO, pursuant to Article 21.28, and  
21.28-A, Texas Insurance Code.  This section also defines the operations
and business of an HMO as "the business of insurance" and establishes
exclusive venue of receivership and delinquency proceedings in Travis
county. 

SECTION 10 - Amends Art. 20A.33, by adding "limited health care service
plans" to the statute relating to the rate of assessment of a per capita
premium tax.  This provision of the HMO Act allows for a difference in
such rate between basic health care plans, limited health care service
plans, and single health service plans. 

SECTION 11 - Amends Art. 20A.36 by adding language which includes a
"Limited Service HMO" representative as a member of the HMO Solvency
Surveillance Committee.  This section also changes references to "State
Board of Insurance" to "commissioner." 

SECTION 12 - Act takes effect on September 1, 1997.

SECTION 13 - Emergency clause.


EXPLANATION OF AMENDMENTS

Amendment #1 by House Insurance Committee
Removes all references to "limited health care services" and "limited
health care service plan" and makes other minor wording changes to return
these provisions of the statute back to current statutory language.
Deletes minimum deposit requirements ($75,000) for a limited health care
service plan. Deletes the minimum surplus requirements for a limited
health care service.  Deletes a limited health care services plan from
membership on the Health Maintenance Organization Solvency Surveillance
Committee. The bill would no longer provide for a separate and new type of
HMO license to provideS limited health care services and would no longer
provide specific minimum surplus requirements for a limited health care
services plan.  

Amendment #2 by House Insurance Committee
Adds a definition of "long term care services" to Article 20A.02 as
follows:  

 (m) "Long term care services" means medical, nursing, and other health
care related services including personal care provided by one or more
persons licensed or, in the case of personal care, authorized by the state
to provide such services. 

Adds the following to the definition of "Single health care service plan"
in Article 20A.02(u):  

"Single health care service plan" includes the provision of long term care
services. 

These changes would permit entities offering long term care services to be
licensed as a single service health maintenance organization.  Such
changes would also subject such entities to lower minimum surplus
requirements established for single service health maintenance
organizations rather, than the increased minimum surplus requirements
contained in the Engrossed version of SB382.