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


Senate Research CenterC.S.S.B. 382
By: Madla
Economic Development
2-28-97
Committee Report (Substituted)


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, C.S.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 Section 4(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 Section 9(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) Requires the commissioner, in the event of the insolvency of an HMO
and on order of the commissioner, to allocate equitably the insolvent
HMO's group contracts among all HMOs which operate within a portion of the
insolvent HMO's service area.  Requires each HMO to which a group or
groups are allocated to offer such group or groups the HMO's coverage at
rates determined in accordance with the successor HMO's existing
methodology or as adjusted by the commissioner.  Requires the commissioner
to allocate equitably among all HMOs which operate within a portion of the
insolvent HMO's service area the insolvent HMO's nongroup enrollees.
Requires each HMO to which nongroup enrollees are allocated to offer each
such nongroup enrollee that HMO's existing coverage for individual or
conversion coverage as determined by the nongroup enrollee's type of
coverage in the insolvent HMO at rates determined in accordance with the
successor HMO's existing rating methodology or as adjusted by the
commissioner.  Requires the successor HMOs which do not offer direct
nongroup enrollment to provide coverage at rates that reflect the average
group rate of the successor HMO.      

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 provide that, among others, a public representative who
is a member of the Health Maintenance Organization Solvency Surveillance
Committee is prohibited from being a person required to registered as a
lobbyist under Chapter 305, Government Code. 

SECTION 12. Effective date: September 1, 1997.

SECTION 13. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

Amends SECTION 5,  Section 13(m), Article 20A.13, V.T.C.S. (Texas Health
Maintenance Organization Act), to require the commissioner to allocate
equitably among all HMOs which operate within a portion of the insolvent
HMO's service area, the insolvent HMO's nongroup enrollees and not just
those who are unable to obtain other coverage.  Revises the proposed
provisions to require each HMO to which nongroup enrollees are allocated
to offer such nongroup enrollee that HMO's existing coverage at rates
adjusted by the commissioner, among other rates.  Revises the proposed
provisions to provide the successor HMOs which do not offer direct
nongroup enrollment to provide coverage at rates that reflect the average
group rate of the successor HMO rather than authorizing such HMOs to
aggregate all of the allocated nongroup enrollees into one group for
rating and coverage purposes.   

Amends SECTION 11, Section 36(a), Article 20A.36, V.T.C.S., to provide
that a public representative on a certain committee cannot be a lobbyist.