By Janek, Reyna of Dallas, Christian, H.B. No. 812 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to certain communications between physicians, dentists, or 1-3 other providers and patients or health care plan enrollees and to 1-4 certain related contracts. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. The Texas Health Maintenance Organization Act 1-7 (Chapter 20A, Vernon's Texas Insurance Code) is amended by adding 1-8 Section 18A to read as follows: 1-9 Sec. 18A. PHYSICIAN, DENTIST, OR PROVIDER COMMUNICATION. 1-10 (a) A health maintenance organization may not, by contract or 1-11 otherwise, restrict a physician's, dentist's, or provider's 1-12 ability to communicate with an enrollee with respect to: 1-13 (1) the enrollee's coverage under the health care 1-14 plan; 1-15 (2) any subject related to the medical care, dental 1-16 care, or health care services to be provided to the enrollee, 1-17 including treatment options that are not provided under the health 1-18 care plan; or 1-19 (3) the fact that the physician's, dentist's, or 1-20 provider's contract with the health care plan has terminated or 1-21 that the physician, dentist, or provider will otherwise no longer 1-22 be providing medical care, dental care, or health care services 1-23 under the health care plan. 1-24 (b) A contract provision that violates this section is void. 1-25 SECTION 2. Subchapter E, Chapter 241, Health and Safety 2-1 Code, is amended by adding Section 241.1015 to read as follows: 2-2 Sec. 241.1015. PHYSICIAN COMMUNICATION AND CONTRACTS. (a) 2-3 A hospital, whether by contract, by granting or withholding staff 2-4 privileges, or otherwise, may not restrict a physician's ability to 2-5 communicate with a patient with respect to: 2-6 (1) the patient's coverage under a health care plan; 2-7 (2) any subject related to the medical care or health 2-8 care services to be provided to the patient, including treatment 2-9 options that are not provided under a health care plan; 2-10 (3) the availability or desirability of a health care 2-11 plan or insurance or similar coverage, other than the patient's 2-12 health care plan; 2-13 (4) the availability or desirability of services at 2-14 another hospital; or 2-15 (5) the fact that the physician's staff privileges or 2-16 contract with a hospital or health care plan have terminated or 2-17 that the physician will otherwise no longer be providing medical 2-18 care or health care services at the hospital or under the health 2-19 care plan. 2-20 (b) A hospital, by contract or otherwise, may not refuse or 2-21 fail to grant or renew staff privileges, or condition staff 2-22 privileges, based in whole or in part on the fact that the 2-23 physician or a partner, associate, or employee of the physician is 2-24 providing medical or health care services at a different hospital 2-25 or hospital system. 2-26 (c) A hospital may not contract to limit a physician's 2-27 participation or staff privileges or the participation or staff 3-1 privileges of a partner, associate, or employee of the physician at 3-2 a different hospital or hospital system. 3-3 (d) A contract provision that violates this section is void. 3-4 (e) In this section, "health care plan" has the meaning 3-5 assigned by Section 2, Texas Health Maintenance Organization Act 3-6 (Article 20A.02, Vernon's Texas Insurance Code). 3-7 SECTION 3. This Act takes effect September 1, 1997, and 3-8 applies only to a contract entered into or renewed on or after that 3-9 date. A contract entered into or renewed before September 1, 1997, 3-10 is governed by the law as it existed immediately before that date, 3-11 and that law is continued in effect for that purpose. 3-12 SECTION 4. The importance of this legislation and the 3-13 crowded condition of the calendars in both houses create an 3-14 emergency and an imperative public necessity that the 3-15 constitutional rule requiring bills to be read on three several 3-16 days in each house be suspended, and this rule is hereby suspended.