RS C.S.S.B. 383 75(R)    BILL ANALYSIS


INSURANCE
C.S.S.B. 383
By: Cain (Smithee)
4-30-97
Committee Report (Substituted)



BACKGROUND 

Currently, in Texas, insurers which sponsor preferred provider plans are
regulated under Chapter 3 of the Insurance Code.  However, the code does
not provide adequate quality of care standards and consumer protections
for these plans.  This bill will provide for the regulation of preferred
provider benefit plans offered by health insurance providers. 

PURPOSE

As proposed C.S.S.B. 383 provides regulations for preferred provider
benefit plans offered by health insurance plans. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the commissioner of insurance in
SECTION 1 (Article 3.703C(Sec. 3(k)), Insurance Code) of this bill. 

SECTION BY SECTION ANALYSIS
SECTION 1.  Amends Subchapter G, Chapter 3, Insurance Code, by adding
Article 3.70-3C, as follows: 

ARTICLE 3.70-3C.  PREFERRED PROVIDER BENEFIT PLANS

Sec. 1.  DEFINITIONS.  Defines "emergency care," "health care provider" or
"provider," "health insurance policy," "hospital," "institutional
provider," "insurer," "life threatening," "physician," "practitioner,"
"preferred provider," "prospective insured," "quality assessment," and
"service area." 

Sec. 2.  APPLICATION.  Provides that this article applies to any preferred
provider benefit plan in which an insurer provides, through its health
insurance policy, for the payment of a level of coverage which is
different from the basic level of coverage provided by the health
insurance policy if the insured uses a preferred provider.  Provides that
this article does not apply to provisions for dental care benefits in any
health insurance policy. 

Sec. 3.  CONTRACTING REQUIREMENTS.  (a) If a health insurance policy meets
the requirements of this section, then the benefits that are different
from the basic level of coverage is not unjust by Art. 3.42, Insurance
Code, nor is it considered unfair discrimination, or a violation under
this code. 

(b)A physician, practitioner, institutional provider or health care
provider who is licensed to treat illnesses or injuries or to provide
services that comply with the terms and conditions established for
designation as a preferred provider may apply for and shall be given fair
opportunity to be a preferred provider. 

(c) If an insurer withholds designation as a preferred provider, the
insurer shall provide a reasonable review mechanism.  A review panel shall
be provided on request of the physician.  If it makes a determination to
the contrary of the review panel, the insurer will provide a written
explanation of its determination. 
 
(d) The review panel will be composed of at least three individuals
selected from a list of physicians contracting with the insurer.  At least
one member of the panel will be of the same specialty as the affected
physician, if available. 

(e) The insurer shall provide a physician denied designation as a
preferred provider written reasons for the denial.  This does not prevent
an insurer from rejecting the application of a physician based on the
reason that the plan has enough qualified providers. 

(f) An insurer when sponsoring a preferred provider benefit plan in a
geographic area shall notify  local physicians and practitioners of its
intent to introduce the plan and the opportunity to participate in the
plan.  The insurer shall provide this notice annually to doctors in the
area so that they may have opportunity to apply. 

(g) An insurer that markets a preferred provider plan must contract with
physicians and providers to ensure that all services and items contained
in the package will be provided in a manner that ensures availability and
accessability of care and facilities. 

(h) Each insured shall have the right to treatment and diagnostic
techniques as described by a provider or physician that are included in
the preferred provider benefit plan. 

(i) Each contract between an insurer and a physician or physicians group
must provide for a mechanism for resolution of complaints initiated by an
insured, physician, or physicians group.  The contracts must provide for
reasonable due process, and must provide for a review panel as in
subsection (d). 

(j) Prior to terminating a contract with a physician, the insurer shall
provide written reasons for the termination.  The insurer will also
provide for a review mechanism, if requested, within 60 days. 

(k) A recommendation of the review panel shall be provided to the affected
physician.  If the decision is contrary to the insurers decision, then the
insurer shall provide written explanation for its determination.  On
request, an expedited review shall be made available.  The review shall
comply with rules established by the commissioner. 

(l) An insurer that relies on an economic profile when making
determinations to admit or terminate physicians shall provide the economic
profile, including written criteria, upon request of the physician or
provider. 

(m) An insurer may not engage in quality assessment except through a panel
of at least three physicians from a list of physicians contracting with
the insurer.  Physicians who contract in an applicable service area shall
provide the insurer with the list. 

(n) A preferred provider contract may not require any health care
provider, physician, or physicians group to execute hold-harmless clauses
in order to shift liability. 

(o)  A preferred provider contract must include a provision by which the
physician or provider agrees that if the preferred provider is compensated
on a discount fee basis, then the insured may be billed on a discount fee
only. 

(p) An insurer may enter into an agreement with a preferred provider
organization for the purposes of offering a network of preferred
providers.  If an insurer enters into an agreement with a preferred
provider, it is the responsibility of the insurer to meet the requirement
of this article, or to insure that those requirements are met. 

(q) An insurer shall comply with Article 21.55, Insurance Code, with
respect to prompt payments of insureds.  A preferred provider contract
must include a provision for payment for covered services that are
rendered not later than 45 days after the claim is filed, or within 60
days as specified by written agreement. Defines "covered services." 
 
(r) Defines "termination."

Sec. 4.  CONTINUITY OF CARE.  (a)Requires the insurer to establish
reasonable procedures for assuring a transition of insureds to physicians
or health care providers and for continuity of treatment.  Requires the
insurers to provide, subject to Section 6(e) - (g) of this article,
reasonable advance notice to the insured of the impending termination from
the plan of a physician or health care provider who is currently treating
the insured.  Requires insurers, in the event of termination of a
preferred provider's participation in the plan, to make available to the
insured a current listing of preferred providers.   

(b)Sets forth contract requirements to ensure continuing treatment of the
insured if a preferred provider's participation in the plan is terminated.

(c)Defines "special circumstances."  

(d)Requires contracts between an insurer, physicians, and health care
providers to include procedures for resolving disputes regarding the
necessity for continued treatment by a physician or provider.  

(e)Provides that this section does not extend the obligation of the
insurer to reimburse, at the preferred provider level of coverage, the
terminated physician or health care provider or, if applicable, the
insured for ongoing treatment of an insured after the 91st day after the
effective date of the termination.  Provides that, however, the obligation
of the insurer to reimburse, the preferred provider level of coverage, the
terminated physician or health care provider, or, if applicable, the
insured who at the time of the termination is past the 24th week of
pregnancy, extends through delivery of the child, immediate post-partum
care, and the follow up checkup within the first six weeks of delivery; or
is being treated for a life-threatening illness or condition extends
through the completion of the treatment if the physician or health care
provider agrees to the provisions. 

Sec. 5.  EMERGENCY CARE PROVISIONS.  Requires an insurer, if the insured
cannot reasonably reach a preferred provider, to provide reimbursement for
certain emergency care services at the preferred level of benefits until
the insured can reasonably be expected to transfer to a preferred
provider. 

Sec. 6.  MANDATORY DISCLOSURE REQUIREMENTS.  (a)Requires all health
insurance policies, health benefit plan certificates, endorsements,
amendments, applications, or riders to be written in plain language, be in
a readable and understandable format, and comply with all applicable
requirements relating to minimum readability requirements.  

(b) Requires the insurer, upon request, to provide to a current or
prospective group contract holder or current or prospective insured  on
request an accurate written description of the terms and conditions of the
policy to allow the current or prospective group contract holder or
current or prospective insured to make comparisons and informed decision
before selecting among health care plans.  Sets forth requirements for the
written description.  

(c) Requires a current list of preferred providers to be provided to all
insureds no less than annually.   

(d) Prohibits any insurer, or agent or representative of an insurer, from
causing or permitting the use or distribution of prospective insured
information which is untrue or misleading.   

(e)Permits an insurer, if a physician or practitioner is terminated for
reasons other than at the preferred provider's request, to give reasonable
advance notice to an insured of the impending termination from the plan of
a physician or provider who is currently treating the insured, provided
the insurer has complied with the requirements of Sec. 3(j) of this
article.   
 
(f)Requires a physician or provider, if the physician or provider
voluntarily terminates the physician's or provider's relationship with an
insurer, to provide reasonable notice to enrollees under the physician's
or provider's care.  Requires the insurer to provide assistance to the
physician or provider in assuring that the notice requirements of this
subdivision are met.   

(g)Authorizes an insurer, if a physician or practitioner is terminated for
reasons related to imminent harm, to notify the enrollees immediately. 

Sec. 7.  PROHIBITED PRACTICES.  (a)Prohibits an insurer from engaging in
any retaliatory action against an insured, including cancellation of or
refusal to renew a policy, because the insured, or a person acting on
behalf of the insured, has filed a complaint against the insurer or
against a preferred provider or has appealed a decision of the insurer.   

(b) Prohibits an insurer from engaging in any retaliatory action against a
physician or health care provider, including termination of or refusal to
renew a contract, because the physician or provider has, on behalf of an
insured, reasonably filed a complaint against the insurer or has appealed
a decision of the insurer.   

(c) Prohibits an insurer, as a condition of a contract with a physician or
health care provider or in any other manner, from prohibiting, attempting
to prohibit, or discouraging a physician or provider from discussing with
or communicating certain information or opinions. 

(d) Prohibits an insurer from penalizing, terminating or refusing to
compensate for covered services a physician or provider for discussing or
communicating with a current, prospective, or former patient, or a party
designated by a patient, pursuant to this section.  
(e)Prohibits an insurer from requiring as a condition for coverage or for
any other reason: the observation of a psychotherapy session, that a
practitioner's process or progress notes be submitted to the insurer for
review, deny benefits for psychotherapy on the grounds that the patient
refuses medication based on the patient's religious beliefs or for a
period beyond the contract limits related to outpatient visits. 

Sec. 8.  AVAILABILITY OF PREFERRED PROVIDERS.  (a)Requires any insurer
offering a preferred provider benefit plan to ensure that both preferred
provider benefits and basic level benefits are reasonably available to all
insureds within a designated service area.   

(b)Requires, if services are not available through preferred providers
within the service area, nonpreferred providers to be reimbursed at the
same percentage level of reimbursement as the preferred providers would
have been reimbursed had the insured been treated by them.  Provides that
this subsection does not require reimbursement at a preferred level or
coverage solely because an insured resides out of the service area and
chooses to receive services from providers other than preferred providers
for the insured's own convenience. 

Sec. 9.  RULEMAKING AUTHORITY.  Requires the commissioner to adopt rules
as necessary to implement the provisions of this article including rules
prohibiting the use of financial incentives or payments to a physician or
provider that act directly or indirectly as an inducement to limit
medically necessary services and standards to ensure reasonable
accessibility and availability of preferred provider and basic level
benefits to Texas citizens. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Emergency clause.
  Effective date:  upon passage.



 COMPARISON OF ORIGINAL TO SUBSTITUTE

Amends SECTION 1, Section 1, Article 3.70-3C, Insurance Code, to reorder
the definitions of "Health care provider" or "provider" and "Health
insurance policy" alphabetically, and to redefine "practitioner."
Practitioner is redefined to include occupational therapist, physical
therapist, or advanced practice nurse.  Makes additional nonsubstantive
changes. 

Makes nonsubstantive changes to SECTION 1, Section 2, Article 3.70-3C,
Insurance Code. 

Amends SECTION 1, Section 3, Article 3.70-3C, Insurance Code, to require a
reasonable review mechanism upon denial of a preferred provider
designation to physicians only.  Deletes the requirement for such review
mechanism for practitioners.  Redefines the panel to be composed of at
least three physicians contracting with the insurer, and deletes the
references to practitioners. Deletes the requirement that provider
contracts with practitioners must contain a mechanism for the resolution
of complaints, including any review panel requirements.  Deletes the
requirement that written reasons for termination be given prior to
termination of any preferred provider, and instead requires such notice
only for physicians.  Requires an insurer to make available a reasonable
review mechanism, upon request, to a physician upon termination of the
contract with a physician, but within a period not to exceed 60 days.
Deletes the requirements for such a review mechanism for practitioners.
Amends to add a requirement that an insurer comply with Article 21.55,
Insurance Code, with respect to prompt payment of insureds.  Adds a
requirement that a preferred provider contract must contain a provision
for payment to the physician or health care provider for covered services
that are rendered to insureds under the contract not later than the 45th
day after the date on which a claim for payment is received with the
documentation necessary to process the claim, or the period specified by
written agreement between the physician or health care provider and the
insurer, but not to exceed 60 days.  Adds definitions of "covered
services" and "termination" for the purposes of this section.  Makes
additional nonsubstantive changes. 

Amends SECTION 1, Section 4, Article 3.70-3C, Insurance Code, to require
insurers to provide such advance notice, subject to Sections 6(e) through
(g).  Amends to require an insurer to continue to reimburse a terminated
physician or health care provider at the level of preferred provider
coverage for a certain period, if at the time of termination the insured
is being treated for a life-threatening illness or condition through the
completion of the treatment if the physician or health care provider
agrees to the provisions.  Makes additional nonsubstantive changes. 

Makes nonsubstantive changes to SECTION 1, Section 5, Article 3.70-3C,
Insurance Code.  

Amends SECTION 1, Section 6, Article 3.70-3C, Insurance Code, to permit
the insurer to provide reasonable advance notice to an insured of the
impending termination from the plan of a physician or provider who is
currently treating the insured, provided the insurer has complied with the
requirements adopted under Section 3(j).  Makes additional nonsubstantive
changes. 

Amends SECTION 1, Section 7, Article 3.70-3C, Insurance Code, to delete
the prohibition related to the use of financial incentives or payments to
a physician or provider that act directly or indirectly as an inducement
to limit medically necessary care.  Prohibits an insurer from requiring as
a condition of coverage or for any other reason:  the observation of a
psychotherapy session, or that a practitioner's process or progress notes
be submitted to an insurer for review, or deny benefits for psychotherapy
on the grounds that the patient refuses medication:  based on the
patient's religious beliefs or for a period beyond the contract limits
related to outpatient visits. Makes additional nonsubstantive changes. 

Makes nonsubstantive changes to SECTION 1, Section 8, Article 3.70-3C,
Insurance Code. 

Amends SECTION 1, Section 9, Article 3.70-3C, Insurance Code, to include
specific rulemaking authority of the commissioner related to prohibiting
the use of financial incentives or payments to a physician or provider
that act directly or indirectly as an inducement to limit medically
necessary services.