SRC-JFA S.B. 382 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 382
By: Madla
Economic Development
2-16-97
As Filed


DIGEST 

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

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subsections (i)-(u), Article 20A.02, Insurance Code
(Texas Health Maintenance Organization Act), to define "limited health
care services" and "limited health care service plan."  Makes conforming
changes.   

SECTION 2. Amends Section4(a), Article 20A.04, Insurance Code, to require
an application for a certificate of authority for a limited health care
service plan to include a specific description of the health care services
to be provided, among other things.  Makes conforming changes.  

SECTION 3. Amends Section 5, Article 20A.05, Insurance Code, by amending
Subsection (b) and by adding Subsection (e), to provide that an HMO agrees
and admits that it is not subject to the U.S. Bankruptcy Code and is not
eligible to proceed under the Bankruptcy Code by applying for and
receiving a certificate of authority to do business in the State of Texas. 

SECTION 4. Amends Section9(a), Article 20A.09, Insurance Code, to make
conforming and nonsubstantive changes.  

SECTION 5. Amends Section 13, Article 20A.13, Insurance Code, as follows:

(a)-(h) Requires each HMO to deposit with the comptroller, rather than the
State Treasurer, cash or securities or other guarantees that are
acceptable to the commissioner of insurance (commissioner), instead of the
State Board of Insurance, in an amount as set forth in this  section.
Requires the initial deposit required by a health maintenance organization
that offers limited health care services to be $75,000.  Makes conforming
changes.     

(i)  Provides that the surplus requirements are subject to the phase-in
provisions of Subsections (j), (k), and (l) of this section.  Readjusts
the minimum surpluses required to be maintained by various health
maintenance organizations and requires the minimum surplus to be
maintained by an HMO offering limited health care services is not less
than $1,000,000, net of accrued uncovered liabilities.  Provides that if
an HMO fails to comply with the surplus requirements of Section (i),
rather than Section (j), the commissioner is authorized to take
appropriate action to protect the enrollees of the HMO.  Makes conforming
changes. 
  
(j)  Readjusts the amounts and deadlines for phase-in  minimum surpluses
required by an HMO authorized to provide basic health services and having
a surplus of less than $1,500,000, instead of $500,000, for the time
period spanning from 1998 to 2002, notwithstanding any other provisions of
this section.  Makes conforming and nonsubstantive changes.     

(k)  Readjusts the amounts and deadlines for phase-in minimum surpluses
required by an HMO that provides limited health care services, instead of
one providing only a single health care service plan, and has a surplus of
less than $1,000,000, for a time period spanning from 1998 to 2002,
notwithstanding any other provision of this section.  Makes conforming and
nonsubstantive changes.   

(l)  Sets forth the amounts and deadlines for phase-in minimum surpluses
required by an HMO authorized to offer only a single health care service
plan and having a surplus of less than $500,000, for a time period
spanning from 1998 to 2002, notwithstanding any other provision of this
section.   

(m)  Sets forth the conditions and requirements for the allocation of an
insolvent HMO's group contracts among all HMOs operating within a portion
of the insolvent HMO's service area upon order of the commissioner.   

SECTION 6. Amends Articles 20A.14 (b), (c), and (h), Insurance Code, to
make conforming and nonsubstantive changes.   

SECTION 7. Amends Article 20A.20(a), Insurance Code, to authorize the
commissioner to suspend or revoke any certificate of authority issued to
an HMO under this Act if the commissioner finds, among other things, that
a limited health care service plan does not provide or arrange for its
limited health care services or an HMO is unable to furnish the limited
health care services as required under its limited health care service
plan.   

SECTION 8. Amends Article 20A.26(f), Insurance Code, to make conforming
changes.   

SECTION 9. Amends Section 31, Article 20A.31, Insurance Code, as follows:

Sec. 31.  New heading:  JURISDICTION FOR INJUNCTIONS AND RECEIVERSHIP AND
DELINQUENCY PROCEEDINGS.  Authorizes the commissioner to bring suit in a
district court of Travis County to be named receiver when it appears to
the commissioner that an HMO or other person is insolvent or does not meet
the surplus requirements of Section 13 of this Act.  Authorizes a court to
find that a receiver should take charge of the assets of an HMO and name
the commissioner as the receiver of the HMO.  Provides that the operations
and business of an HMO represent the business of insurance for purposes of
Section 21 of this Act and Articles 21.28 and 21.28-A, Insurance Code.
Requires Travis County to be exclusive venue of receivership and
delinquency proceeding for a HMO. Makes a conforming change.  


SECTION 10. Amends Section 33(d), Article 20A.33, Insurance Code, to make
a conforming  change.      

SECTION 11. Amends Sections 36(a), (b), (c), (e), and (g), Article 20A.36,
Insurance Code, to make conforming changes.   

SECTION 12. Effective date: September 1, 1997.

SECTION 13. Emergency clause.