RS S.B. 1651 75(R)    BILL ANALYSIS

INSURANCE
S.B. 1651
By: Cain (Smithee)
5-16-97
Committee Report (Unamended)

BACKGROUND 

Currently, the Insurance Code defines the term "practitioner" and 
designates practitioners that may 
be recognized by insurers.  Licensed occupational therapists and 
licensed physical therapists are not 
included in the list of recognized practitioners.  This bill 
would include licensed occupational 
therapists and licensed physical therapists among those 
practitioners that may be recognized by 
insurers. 

PURPOSE

As proposed, S.B. 1651 includes licensed occupational therapists 
and licensed physical therapists 
among those practitioners that may be recognized by insurers.  

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 Article 3.70-2(B), Insurance Code, to require a 
provision of an accident or 
sickness policy, in designating the practitioners who will or 
will not be recognized, to use, among 
other terms, licensed occupational therapist and licensed 
physical therapist.  Defines "licensed 
occupational therapist" and "licensed physical therapist."  

SECTION 2. Amends Article 21.52(1), Insurance Code, by adding two 
appropriately lettered 
sections, to provide that "occupational therapist" means a person 
who is licensed to practice 
occupational therapy by the Texas Board of Occupational 
Examiners; and to provide that "physical 
therapist" means a person who practices physical therapy and is 
licensed by the Texas Board of 
Physical Therapy Examiners.  

SECTION 3. Amends Article 21.52(3), Insurance Code, as amended by 
Chapter 429, Section 2, 
Acts of the 74th Legislature, 1995, to authorize any person who 
is issued, who is a party to, or who 
is a beneficiary under any health insurance policy delivered, 
renewed, or issued for delivery in this 
state by any insurance company, association, or organization to 
which this article applies, to select, 
among others, an occupational therapist to provide the health 
care services scheduled in the policy 
which fall within the scope of the license of that provider; or a 
physical therapist to provide the 
health care services in the policy which fall within the scope of 
the license of that provider.  Prohibits 
the payment or reimbursement by the insurance company, 
association, or organization for those 
services or procedures in accordance with the payment schedule or 
the payment provisions in the 
policy from being denied because the same were performed by, 
among others, an occupational 
therapist or a physical therapist.  Makes conforming changes.  

SECTION 4. Amends Article 21.52(3), Insurance Code, as amended by 
Chapter 541, Section 3, 
Acts of the 74th Legislature, 1995, to authorize any person who 
is issued, who is a party to, or who 
is a beneficiary under any health insurance policy delivered, 
renewed, or issued for delivery in this 
state by any insurance company, association, or organization to 
which this article applies, to select, 
among others, an occupational therapist to provide the services 
scheduled in the policy which fall 
within the scope of the license of that occupational therapist; 
or a physical therapist to provide the 
services in the policy which fall within the scope of the license 
of that physical therapist.  Makes 
conforming changes.  

 SECTION 5. Effective date: September 1, 1997.

SECTION 6. Emergency clause.