By Janek, Reyna of Dallas, Christian, Pickett, H.B. No. 812
Galloway
75R2001 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain contracts between health maintenance
1-3 organizations and physicians or other providers.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The Texas Health Maintenance Organization Act
1-6 (Chapter 20A, Vernon's Texas Insurance Code) is amended by adding
1-7 Section 18A to read as follows:
1-8 Sec. 18A. PHYSICIAN AND PROVIDER COMMUNICATION. (a) A
1-9 health maintenance organization may not, by contract or otherwise,
1-10 restrict a physician's or provider's ability to communicate with an
1-11 enrollee with respect to:
1-12 (1) the enrollee's coverage under the health care
1-13 plan;
1-14 (2) any subject related to the medical care or health
1-15 care services to be provided to the enrollee, including treatment
1-16 options that are not provided under the health care plan;
1-17 (3) the availability or desirability of another health
1-18 care plan or insurance or similar coverage; or
1-19 (4) the fact that the physician's or provider's
1-20 contract with the health care plan has terminated or that the
1-21 physician or provider will otherwise no longer be providing medical
1-22 care or health care services under the health care plan.
1-23 (b) A contract provision that violates this section is void.
1-24 SECTION 2. This Act takes effect September 1, 1997, and
2-1 applies only to a contract entered into or renewed on or after that
2-2 date. A contract entered into or renewed before September 1, 1997,
2-3 is governed by the law as it existed immediately before that date,
2-4 and that law is continued in effect for that purpose.
2-5 SECTION 3. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended.
2-10 COMMITTEE AMENDMENT NO. 1
2-11 Amend H.B. No. 812 as follows:
2-12 On page 1, strike line 17 and 18 completely and renumber text
2-13 accordingly.
2-14 Smithee
2-15 COMMITTEE AMENDMENT NO. 2
2-16 Amend H.B. No. 812 as follows:
2-17 (1) On page 1, line 8, strike "PHYSICIAN AND PROVIDER" and
2-18 substitute "PHYSICIAN, DENTIST, OR PROVIDER".
2-19 (2) On page 1, line 10, strike "physician's or provider's"
2-20 and substitute "physician's, dentist's, or provider's".
2-21 (3) On page 1, line 14, after "medical care", insert ",
2-22 dental care,".
2-23 (4) On page 1, line 19, strike "physician's or provider's"
2-24 and substitute "physician's, dentist's, or provider's".
2-25 (5) On page 1, strike lines 21-22 and substitute "physician,
2-26 dentist, or provider will otherwise no longer be providing medical
2-27 care, dental care, or health care services under the health care
3-1 plan.".
3-2 75R6646 DLF-D Smithee