1-1                                   AN ACT

 1-2     relating to minimum coverage under certain health benefit plans for

 1-3     inpatient stays and postdelivery care following the birth of a

 1-4     child.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Subchapter E, Chapter 21, Insurance Code, is

 1-7     amended by adding Article 21.53F to read as follows:

 1-8           Art. 21.53F.  COVERAGE FOR MINIMUM INPATIENT STAY IN HEALTH

 1-9     CARE FACILITY AND POSTDELIVERY CARE FOLLOWING BIRTH OF CHILD

1-10           Sec. 1.  SHORT TITLE.  This article may be cited as the Lee

1-11     Alexandria Hanley Act.

1-12           Sec. 2.  DEFINITIONS.  In this article:

1-13                 (1)  "Attending physician" means an obstetrician,

1-14     pediatrician, or other physician who attends a woman who has given

1-15     birth or who attends the newborn child.

1-16                 (2)  "Enrollee" means an individual enrolled in a

1-17     health benefit plan.

1-18                 (3)  "Health benefit plan" means a plan described by

1-19     Section 3 of this article.

1-20           Sec. 3.  SCOPE OF ARTICLE.  (a)  This article applies to a

1-21     health benefit plan that:

1-22                 (1)  provides benefits for medical or surgical expenses

1-23     incurred as a result of a health condition, accident, or sickness,

1-24     including:

 2-1                       (A)  an individual, group, blanket, or franchise

 2-2     insurance policy or insurance agreement, a group hospital service

 2-3     contract, or an individual or group evidence of coverage that is

 2-4     offered by:

 2-5                             (i)  an insurance company;

 2-6                             (ii)  a group hospital service corporation

 2-7     operating under Chapter 20 of this code;

 2-8                             (iii)  a fraternal benefit society

 2-9     operating under Chapter 10 of this code;

2-10                             (iv)  a stipulated premium insurance

2-11     company operating under Chapter 22 of this code; or

2-12                             (v)  a health maintenance organization

2-13     operating under the Texas Health Maintenance Organization Act

2-14     (Chapter 20A, Vernon's Texas Insurance Code); or

2-15                       (B)  to the extent permitted by the Employee

2-16     Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et

2-17     seq.), a health benefit plan that is offered by:

2-18                             (i)  a multiple employer welfare

2-19     arrangement as defined by Section 3, Employee Retirement Income

2-20     Security Act of 1974 (29 U.S.C. Section 1002);

2-21                             (ii)  any other entity not licensed under

2-22     this code or another insurance law of this state that contracts

2-23     directly for health care services on a risk-sharing basis,

2-24     including an entity that contracts for health care services on a

2-25     capitation basis; or

2-26                             (iii)  another analogous benefit

2-27     arrangement; or

 3-1                 (2)  is offered by an approved nonprofit health

 3-2     corporation that is certified under Section 5.01(a), Medical

 3-3     Practice Act (Article 4495b, Vernon's Texas Civil Statutes), and

 3-4     that holds a certificate of authority  issued by the commissioner

 3-5     under Article 21.52F of this code.

 3-6           (b)  This article does not apply to:

 3-7                 (1)  a plan that provides coverage:

 3-8                       (A)  only for a specified disease or other

 3-9     limited benefit;

3-10                       (B)  only for accidental death or dismemberment;

3-11                       (C)  for wages or payments in lieu of wages for a

3-12     period during which an employee is absent from work because of

3-13     sickness or injury;

3-14                       (D)  as a supplement to liability insurance;

3-15                       (E)  for credit insurance;

3-16                       (F)  only for dental or vision care; or

3-17                       (G)  only for indemnity for hospital confinement;

3-18                 (2)  a small employer health benefit plan written under

3-19     Chapter 26 of this code;

3-20                 (3)  a Medicare supplemental policy as defined by

3-21     Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss);

3-22                 (4)  workers' compensation insurance coverage;

3-23                 (5)  medical payment insurance issued as part of a

3-24     motor vehicle insurance policy; or

3-25                 (6)  a long-term care policy, including a nursing home

3-26     fixed indemnity policy, unless the commissioner determines that the

3-27     policy provides benefit coverage so comprehensive that the policy

 4-1     is a health benefit plan as described by Subsection (a) of this

 4-2     section.

 4-3           Sec. 4.  REQUIRED COVERAGE FOR MINIMUM INPATIENT STAY

 4-4     FOLLOWING BIRTH; EXCEPTIONS.  (a)  A health benefit plan that

 4-5     provides maternity benefits, including benefits for childbirth,

 4-6     must include coverage for inpatient care for a mother and her

 4-7     newborn child in a health care facility for a minimum of:

 4-8                 (1)  48 hours following an uncomplicated vaginal

 4-9     delivery; and

4-10                 (2)  96 hours following an uncomplicated delivery by

4-11     caesarean section.

4-12           (b)  Notwithstanding Subsection (a) of this section, a health

4-13     benefit plan that provides coverage for in-home postdelivery care

4-14     to a mother and her newborn child is not required to provide the

4-15     minimum hours of coverage of inpatient care required under

4-16     Subsection (a) of this section unless that inpatient care is

4-17     determined to be medically necessary by an attending physician or

4-18     is requested by the mother.

4-19           (c)  For purposes of Subsection (a) of this section, the

4-20     determination as to whether a delivery is complicated shall be made

4-21     by the attending physician.

4-22           (d)  This article does not require a mother who is eligible

4-23     for coverage under a health benefit plan to:

4-24                 (1)  give birth in a hospital or other health care

4-25     facility; or

4-26                 (2)  remain under inpatient care in a hospital or other

4-27     health care facility for any fixed term following the birth of a

 5-1     child.

 5-2           Sec. 5.  POSTDELIVERY CARE.  (a)  If a decision is made to

 5-3     discharge a mother or newborn child from inpatient care before the

 5-4     expiration of the minimum hours of coverage of inpatient care

 5-5     required under Section 4(a) of this article, the health benefit

 5-6     plan must provide coverage for timely postdelivery care.  That care

 5-7     may be provided to the mother and child by a physician, registered

 5-8     nurse, or other appropriate licensed health care provider and may

 5-9     be provided at:

5-10                 (1)  the mother's home, a health care provider's

5-11     office, or a health care facility; or

5-12                 (2)  another location determined to be appropriate

5-13     under rules adopted by the commissioner.

5-14           (b)  The coverage required under Subsection (a) of this

5-15     section must allow the mother the option to have the care provided

5-16     in the mother's home.

5-17           (c)  For purposes of this section, "postdelivery care" means

5-18     postpartum health care services provided in accordance with

5-19     accepted maternal and neonatal physical assessments.  The term

5-20     includes parent education, assistance and training in

5-21     breast-feeding and bottle-feeding, and the performance of any

5-22     necessary and appropriate clinical tests.  The timeliness of the

5-23     care shall be determined in accordance with recognized medical

5-24     standards for that care.

5-25           Sec. 6.  PROHIBITIONS.  A health benefit plan may not:

5-26                 (1)  modify the terms and conditions of coverage based

5-27     on the determination by a person enrolled in the health benefit

 6-1     plan to request less than the minimum coverage required under

 6-2     Section 4(a) of this article;

 6-3                 (2)  offer to the mother of a newborn child financial

 6-4     incentives or other compensation the receipt of which is contingent

 6-5     on the waiver by the mother of the minimum hours of coverage of

 6-6     inpatient care required under Section 4(a) of this article;

 6-7                 (3)  refuse to accept a physician's recommendation for

 6-8     a specified period of inpatient care made in consultation with the

 6-9     mother of the newborn child if the period recommended by the

6-10     physician does not exceed the minimum periods recommended in

6-11     guidelines for perinatal care developed by the American College of

6-12     Obstetricians and Gynecologists, the American Academy of

6-13     Pediatrics, or another nationally recognized professional

6-14     association of obstetricians and gynecologists or of pediatricians;

6-15                 (4)  reduce payments or other forms of reimbursement

6-16     for inpatient care below the usual and customary rate of

6-17     reimbursement for that care; or

6-18                 (5)  penalize a physician for recommending inpatient

6-19     care for a mother or her newborn child by:

6-20                       (A)  refusing to allow the physician to

6-21     participate as a provider within the health benefit plan;

6-22                       (B)  reducing payments made to the physician;

6-23                       (C)  requiring the physician to provide

6-24     additional documentation or undergo additional utilization review;

6-25     or

6-26                       (D)  imposing other analogous sanctions or

6-27     disincentives.

 7-1           Sec. 7.  NOTICE.  In accordance with rules adopted by the

 7-2     commissioner, each health benefit plan must provide to each

 7-3     enrollee under the plan written notice regarding the coverage

 7-4     required by this article.

 7-5           Sec. 8.  RULES.  The commissioner shall adopt rules as

 7-6     necessary to administer this article.

 7-7           SECTION 2.  This Act takes effect September 1, 1997, and

 7-8     applies only to a health benefit plan that is delivered, issued for

 7-9     delivery, or renewed on or after January 1, 1998.  A health benefit

7-10     plan that is delivered, issued for delivery, or renewed before

7-11     January 1, 1998, is governed by the law as it existed immediately

7-12     before the effective date of this Act, and that law is continued in

7-13     effect for that purpose.

7-14           SECTION 3.  The importance of this legislation and the

7-15     crowded condition of the calendars in both houses create an

7-16     emergency and an imperative public necessity that the

7-17     constitutional rule requiring bills to be read on three several

7-18     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 102 was passed by the House on May

         14, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 102 was passed by the Senate on May

         26, 1997, by the following vote:  Yeas 31, Nays 0.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor