SRC-SLL S.B. 383 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 383
By: Cain
Economic Development
2-16-97
As Filed


DIGEST 

Currently, in Texas, insurers which sponsor preferred provider plan 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, 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(9), Insurance Code) of this bill. 

SECTION BY SECTION ANALYSIS

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

ARTICLE 3.70-3C.  PREFERRED BENEFIT PLANS

Sec.  1.  DEFINITIONS.  Defines "emergency care," "health insurance
policy," "health care provider" or "provider," "hospital," "institutional
provider," "insurer," "physician," "practitioner," "preferred provider,"
"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. Sets forth the requirements for
contracts between health insurance providers and physicians,
practitioners, institutional providers, or health care providers. 

Sec.  4.  CONTINUITY OF CARE.  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) 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.  Sets forth contract requirements
to insure continuing treatment of the insured if a preferred provider's
participation in the plan is terminated.  Defines "special circumstances."
Requires contracts between an insurer and physicians and health care
providers to include procedures for resolving disputes regarding the
necessity for continued treatment by a physician or provider.  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 90th day from the effective date
of the termination. 

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.  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.  Requires the
insurer 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 decisions before selecting among health care
plans.  Sets forth requirements for the written description.  Requires a
current list of preferred providers to be provided to all insureds no less
than annually.  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.  Prohibits an insurer,
if a physician or practitioner is terminated for reasons other than at the
preferred provider's request, from notifying enrollees of the termination
until the effective date of the termination or at such time as a review
panel makes a formal recommendation regarding the termination, whichever
is later.  Authorizes an insurer, if a physician or practitioner is
terminated for reasons related to imminent harm, to notify enrollees
immediately. 

Sec.  7.  PROHIBITED PRACTICES.  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.
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.  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.  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. Prohibits an
insurer from using any financial incentive or making payment to a
physician or health care provider which acts directly or indirectly as an
inducement to limit medically necessary services. 

Sec.  8.  AVAILABILITY OF PREFERRED PROVIDERS.  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. 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. 

Sec.  9.  RULEMAKING AUTHORITY.  Requires the commissioner of iInsurance
to adopt rules as necessary to implement the provisions of this article
and 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.