By Gray                                                H.B. No. 180

      75R1591 PB-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to access to certain obstetric or gynecological health

 1-3     care under a health benefit plan.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter E, Chapter 21, Insurance Code, is

 1-6     amended by adding Article 21.53D to read as follows:

 1-7           Art. 21.53D.  ACCESS TO CERTAIN OBSTETRIC OR GYNECOLOGICAL

 1-8     CARE

 1-9           Sec. 1.  DEFINITIONS.  In this article:

1-10                 (1)  "Enrollee" means an individual enrolled in a

1-11     health benefit plan.

1-12                 (2)  "Health benefit plan" means a plan that provides

1-13     benefits for medical or surgical expenses incurred as a result of a

1-14     health condition, accident, or sickness and that is offered by any

1-15     insurance company, group hospital service corporation, or health

1-16     maintenance organization that delivers or issues for delivery an

1-17     individual, group, blanket, or franchise insurance policy or

1-18     insurance agreement, a group hospital service contract, or an

1-19     evidence of coverage, by a multiple employer welfare arrangement as

1-20     defined by Section 3, Employee Retirement Income Security Act of

1-21     1974 (29 U.S.C. Section 1002), or by any other analogous benefit

1-22     arrangement to the extent permitted by the Employee Retirement

1-23     Income Security Act of 1974 (29 U.S.C. Section 1002).  The term

1-24     does not include:

 2-1                       (A)  a plan that provides coverage:

 2-2                             (i)  only for accidental death or

 2-3     dismemberment;

 2-4                             (ii)  for wages or payments in lieu of

 2-5     wages for a period during which an employee is absent from work

 2-6     because of sickness or injury; or

 2-7                             (iii)  as a supplement to liability

 2-8     insurance;

 2-9                       (B)  a Medicare supplemental policy as defined by

2-10     Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss);

2-11                       (C)  worker's compensation insurance coverage;

2-12                       (D)  medical payment insurance issued as part of

2-13     a motor vehicle insurance policy; or

2-14                       (E)  a long-term care policy, including a nursing

2-15     home fixed indemnity policy, unless the commissioner determines

2-16     that the policy provides benefit coverage so comprehensive that the

2-17     policy meets the definition of a health benefit plan.

2-18                 (3)  "Physician" means a person licensed as a physician

2-19     by the Texas State Board of Medical Examiners.

2-20                 (4)  "Primary care physician" means a physician

2-21     designated under the terms of a health benefit plan to:

2-22                       (A)  provide general medical or surgical

2-23     diagnosis and treatment of an illness or injury sustained by an

2-24     enrollee, including an enrollee's chronic medical condition; and

2-25                       (B)  make appropriate referrals when indicated by

2-26     the enrollee's condition.

2-27           Sec. 2.  APPLICATION.  This article applies to each health

 3-1     benefit plan that requires an enrollee to obtain certain health

 3-2     care services through a referral made by a primary care physician

 3-3     or other gatekeeper.

 3-4           Sec. 3.  DESIGNATION OF OBSTETRICIAN OR GYNECOLOGIST AS

 3-5     PRIMARY CARE PHYSICIAN; LIMITATIONS.  (a)  Each health benefit plan

 3-6     subject to this article shall include in the classification of

 3-7     persons authorized to serve as primary care physicians under the

 3-8     plan properly credentialed obstetricians and gynecologists.

 3-9           (b)  This section does not affect the authority of a health

3-10     benefit plan to establish selection criteria regarding other

3-11     physicians who provide services through the plan.

3-12           (c)  This section does not require an individual obstetrician

3-13     or gynecologist who provides services through a health benefit plan

3-14     to accept status in the plan as a primary care physician if the

3-15     obstetrician or gynecologist does not elect to be designated as a

3-16     primary care physician.

3-17           Sec. 4.  DIRECT ACCESS TO SERVICES OF OBSTETRICIAN OR

3-18     GYNECOLOGIST.  (a)  In addition to other benefits as authorized by

3-19     the plan, each health benefit plan shall permit a woman who is

3-20     entitled to coverage under the plan but who does not select an

3-21     obstetrician or gynecologist as her primary care physician direct

3-22     access without a referral by a primary care physician to the health

3-23     care services of an obstetrician or gynecologist who is:

3-24                 (1)  authorized to provide services under the plan; and

3-25                 (2)  selected by the covered individual.

3-26           (b)  The access to health care services required under this

3-27     article includes diagnosis, treatment, and referral for any disease

 4-1     or condition within the scope of the professional practice of a

 4-2     properly credentialed obstetrician or gynecologist.

 4-3           (c)  A health benefit plan may not impose a copayment or

 4-4     deductible for direct access to the health care services of an

 4-5     obstetrician or gynecologist under this section unless such an

 4-6     additional cost is imposed for access to other health care services

 4-7     provided under the plan.

 4-8           Sec. 5.  NOTICE.  Each health benefit plan shall provide to

 4-9     persons covered by the plan a timely written notice in clear and

4-10     accurate language of the direct access to health care services

4-11     required by this article.

4-12           Sec. 6.  RULES.   The commissioner shall adopt rules as

4-13     necessary to implement this article.

4-14           Sec. 7.  ADMINISTRATIVE PENALTY.   An insurance company,

4-15     health maintenance organization, or other entity that operates a

4-16     health benefit plan in violation of this article is subject to an

4-17     administrative penalty as provided by Article 1.10E of this code.

4-18           SECTION 2.  Article 21.53D, Insurance Code, as added by

4-19     Section 1 of this Act, applies only to an insurance policy,

4-20     contract, or evidence of coverage delivered, issued for delivery,

4-21     or renewed on or after January 1, 1998.  A policy, contract, or

4-22     evidence of coverage delivered, issued for delivery, or renewed

4-23     before January 1, 1998, is governed by the law as it existed

4-24     immediately before the effective date of this Act, and that law is

4-25     continued in effect for that purpose.

4-26           SECTION 3.  This Act takes effect September 1, 1997.

4-27           SECTION 4.  The importance of this legislation and the

 5-1     crowded condition of the calendars in both houses create an

 5-2     emergency and an imperative public necessity that the

 5-3     constitutional rule requiring bills to be read on three several

 5-4     days in each house be suspended, and this rule is hereby suspended.