SRC-SLL C.S.S.B. 386 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 386
By: Sibley
Economic Development
2-26-97
Committee Report (Substituted)


DIGEST 

Currently, Texas law prohibits the corporate practice of medicine.  This
prevents managed care organizations from being held legally accountable
when making health care treatment decisions which affect the quality of
the diagnosis, care and treatment of an enrollee of a health care plan.
This bill will require health benefit plans and managed care entities to
exercise ordinary care when making health care treatment decisions and
will hold those entities liable for damages for harm to an insured or
enrollee proximately caused by the health care entity's failure to
exercise ordinary care. 

PURPOSE

As proposed, C.S.S.B. 386 requires health benefit plans and managed care
entities to exercise ordinary care when making health care treatment
decisions and holds those entities liable for damages for harm to an
insured or enrollee proximately caused by the health care entity's failure
to exercise ordinary care. 

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 Title 4, Civil Practice and Remedies Code, by adding
Chapter 88, as follows: 

CHAPTER 88.  HEALTH CARE LIABILITY

Sec.  88.001.  DEFINITIONS.  Defines "appropriate and medically
necessary," "enrollee," "health care plan," "health care provider,"
"health care treatment decision," "health insurance carrier," "health
maintenance organization," "managed care entity," "physician," and
"ordinary care." 

Sec.  88.002.  APPLICATION.  (a) Provides that a health insurance carrier,
health maintenance organization, or other managed care entity for a health
care plan has the duty to exercise ordinary care when making health care
treatment decisions and is liable for damages for harm to an insured or
enrollee proximately caused by its failure to exercise such ordinary care. 

(b) Provides that a health insurance carrier, health maintenance
organization, or other managed care entity for a health care plan is also
liable for damages for harm to an insured or enrollee proximately caused
by the health care treatment decisions made by its employees, agents,
ostensible agents, or representatives who are acting on its behalf and
over whom it has the right to exercise influence or control, or has
actually exercised influence or control. 

(c) Provides that the standards in Subsections (a) and (b) create no
obligation on the part of the health insurance carrier, health maintenance
organization, or other managed care entity to provide to an insured or
enrollee which is not covered by the health care plan of the entity. 

 (d) Prohibits a health insurance carrier, health maintenance
organization, or other managed care entity from removing a physician or
health care provider from its plan for advocating on behalf of an enrollee
for appropriate and medically necessary health care for the enrollee. 

(e)  Prohibits a health insurance carrier, health maintenance
organization, or other managed care entity from entering into a contract
with a physician, hospital, or other health care provider or
pharmaceutical company which includes an indemnification or hold harmless
clause for the acts or conduct of the health insurance carrier, health
maintenance organization, or other managed care entity.  Provides that any
such indemnification or hold harmless clause in an  existing contract is
hereby declared void. 

(f) Provides that nothing in any law of this state prohibiting a health
insurance carrier, health maintenance organization, or other managed care
entity from practicing medicine or being licensed to practice medicine may
be asserted as a defense by such health insurance carrier, health
maintenance organization, or other managed care entity in an action
brought against it pursuant to this section or any other law. 

(g) Prohibits a finding that a physician or other health care provider is
an employee, agent, ostensible agent of certain health care entities from
being based solely on proof that such person's name appears in a listing
of approved physicians or health care providers made available to insureds
or enrollees under a health care plan in an action against a health
insurance carrier, health maintenance organization, or managed care
entity. 

SECTION 2. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.


SUMMARY OF COMMITTEE CHANGES

Amends SECTION 1, Section 88.001, Civil Practice and Remedies Code, to
redefine "managed care entity," and to define "ordinary care." 

Amends SECTION 1, Section 88.002, Civil Practice and Remedies Code, to
provide that a health care entity is liable for damages for harm to an
insured or enrollee caused by its failure to exercise ordinary care.
Prohibits certain persons from being found an employee, agent, ostensible
agent or representative of a health care entity solely because the person
is an approved physician or health care provider.  Makes nonsubstantive
changes.