Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Smithee                                       H.B. No. 894

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the regulation of health maintenance organizations.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 2, Texas Health Maintenance Organization

 1-5     Act (Article 20A.02, Vernon's Texas Insurance Code), is amended to

 1-6     read as follows:

 1-7           Sec. 2.  DEFINITIONS.  For the purposes of this Act:

 1-8           (a)  "Adverse determination" means a determination by a

 1-9     health maintenance organization or a utilization review agent that

1-10     the health care services furnished to a patient or proposed to be

1-11     furnished to a patient are not medically necessary or not

1-12     appropriate in the allocation of health care resources.

1-13           (b)  "Basic health care services" means health care services

1-14     which the commissioner determines an enrolled population might

1-15     reasonably require in order to be maintained in good health,

1-16     including, at [as] a minimum, services designated as basic health

1-17     services under Section 1302, Title XIII, Public Health Service Act

1-18     (42 U.S.C. Section 300e-1(1)) [emergency care, inpatient hospital

1-19     and medical services, and outpatient medical services].

1-20           [(b)  "Board" means the Texas Board of Health.]

1-21           (c)  "Capitation" means a method of compensation to a

1-22     physician or provider based on a predetermined payment per enrollee

1-23     for a specified period of time for certain enrollees in exchange

1-24     for arranging for or providing a defined set of covered health care

 2-1     services to such enrollees for a specified period of time,

 2-2     regardless of the amount of services actually provided.

 2-3           (d)  "Commissioner" means the commissioner of insurance.

 2-4           (e)  "Complainant" means an enrollee, or a physician,

 2-5     provider, or other person designated to act on behalf of an

 2-6     enrollee, who files a complaint.

 2-7           (f)  "Complaint" means any dissatisfaction expressed by a

 2-8     complainant orally or in writing to the health maintenance

 2-9     organization with any aspect of the health maintenance

2-10     organization's operation, including but not limited to

2-11     dissatisfaction with plan administration; appeal of an adverse

2-12     determination; the denial, reduction, or termination of a service;

2-13     the way a service is provided; or disenrollment decisions,

2-14     expressed by a complainant.

2-15           (g)  "Emergency care" means health care services provided in

2-16     a hospital emergency facility to evaluate and treat medical

2-17     conditions of a recent onset and severity, including but not

2-18     limited to severe pain that would lead a prudent layperson,

2-19     possessing an average knowledge of medicine and health, to believe

2-20     that his or her condition, sickness, or injury is of such a nature

2-21     that failure to get immediate medical care could result in:

2-22                 (1)  placing the patient's health in serious jeopardy;

2-23                 (2)  serious impairment to bodily functions;

2-24                 (3)  serious dysfunction of any bodily organ or part;

2-25                 (4)  serious disfigurement; or

2-26                 (5)  in the case of a pregnant woman, serious jeopardy

2-27     to the health of the fetus.

2-28           (h) [(d)]  "Enrollee" means an individual who is enrolled in

2-29     a health care plan, including covered dependents.

2-30           (i) [(e)]  "Evidence of coverage" means any certificate,

 3-1     agreement, or contract issued to an enrollee setting out the

 3-2     coverage to which the enrollee is entitled.

 3-3           (j) [(f)]  "Group hospital service corporation" means a

 3-4     nonprofit corporation organized and operating under Chapter 20 of

 3-5     the Insurance Code.

 3-6           (k) [(g)]  "Health care" means prevention, maintenance,

 3-7     rehabilitation, pharmaceutical, and chiropractic services provided

 3-8     by qualified persons other than medical care.

 3-9           (l) [(h)]  "Health care plan" means any plan whereby any

3-10     person undertakes to provide, arrange for, pay for, or reimburse

3-11     any part of the cost of any health care services; provided,

3-12     however, a part of such plan consists of arranging for or the

3-13     provision of health care services, as distinguished from

3-14     indemnification against the cost of such service, on a prepaid

3-15     basis through insurance or otherwise.

3-16           (m) [(i)]  "Health care services" means any services,

3-17     including the furnishing to any individual of pharmaceutical

3-18     services, medical, chiropractic, or dental care, or hospitalization

3-19     or incident to the furnishing of such services, care, or

3-20     hospitalization, as well as the furnishing to any person of any and

3-21     all other services for the purpose of preventing, alleviating,

3-22     curing or healing human illness or injury or a single health care

3-23     service plan.

3-24           (n) [(j)]  "Health maintenance organization" means any person

3-25     who arranges for or provides a health care plan or a single health

3-26     care service plan to enrollees on a prepaid basis.

3-27           (o) [(k)]  "Medical care" means furnishing those services

3-28     defined as practicing medicine under Section 1.03(8), Medical

3-29     Practice Act (Article 4495b, Vernon's Texas Civil Statutes).

3-30           (p) [(l)]  "Person" means any natural or artificial person,

 4-1     including, but not limited to, individuals, partnerships,

 4-2     associations, organizations, trusts, hospital districts, limited

 4-3     liability companies, limited liability partnerships, or

 4-4     corporations.

 4-5           (q) [(m)]  "Physician" means:

 4-6                 (1)  an individual licensed to practice medicine in

 4-7     this state;

 4-8                 (2)  a professional association organized under the

 4-9     Texas Professional Association Act (Article 1528f, Vernon's Texas

4-10     Civil Statutes) or a nonprofit health corporation certified under

4-11     Section 5.01, Medical Practice Act (Article 4495b, Vernon's Texas

4-12     Civil Statutes); or

4-13                 (3)  another person wholly owned by physicians.

4-14           (r) [(n)]  "Provider" means:

4-15                 (1)  any person other than a physician, including a

4-16     licensed doctor of chiropractic, registered nurse, pharmacist,

4-17     optometrist, pharmacy, hospital, or other institution or

4-18     organization or person that is licensed or otherwise authorized to

4-19     provide a health care service in this state;

4-20                 (2)  a person who is wholly owned or controlled by a

4-21     provider or by a group of providers who are licensed to provide the

4-22     same health care service; or

4-23                 (3)  a person who is wholly owned or controlled by one

4-24     or more hospitals and physicians, including a physician-hospital

4-25     organization.

4-26           (s) [(o)]  "Sponsoring organization" means a person who

4-27     guarantees the uncovered expenses of the health maintenance

4-28     organization and who is financially capable, as determined by the

4-29     commissioner, of meeting the obligations resulting from those

4-30     guarantees.

 5-1           (t) [(p)]  "Uncovered expenses" means the estimated

 5-2     administrative expenses and the estimated cost of health care

 5-3     services that are not guaranteed, insured, or assumed by a person

 5-4     other than the health maintenance organization.  Health care

 5-5     services may be considered covered if the physician or provider

 5-6     agrees in writing that enrollees shall in no way be liable,

 5-7     assessable, or in any way subject to payment for services except as

 5-8     described in the evidence of coverage issued to the enrollee under

 5-9     Section 9 of this Act.  The amount due on loans in the next

5-10     calendar year will be considered uncovered expenses unless

5-11     specifically subordinated to uncovered medical and health care

5-12     expenses or unless guaranteed by the sponsoring organization.

5-13           (u) [(q)]  "Uncovered liabilities" means obligations

5-14     resulting from unpaid uncovered expenses, the outstanding

5-15     indebtedness of loans that are not specifically subordinated to

5-16     uncovered medical and health care expenses or guaranteed by the

5-17     sponsoring organization, and all other monetary obligations that

5-18     are not similarly subordinated or guaranteed.

5-19           (v) [(r)]  "Single health care service" means a health care

5-20     service that an enrolled population may reasonably require in order

5-21     to be maintained in good health with respect to a particular health

5-22     care need for the purpose of preventing, alleviating, curing, or

5-23     healing human illness or injury of a single specified nature and

5-24     that is to be provided by one or more persons each of whom is

5-25     licensed by the state to provide that specific health care service.

5-26           (w) [(s)]  "Single health care service plan" means a plan

5-27     under which any person undertakes to provide, arrange for, pay for,

5-28     or reimburse any part of the cost of a single health care service,

5-29     provided, that a part of the plan consists of arranging for or the

5-30     provision of the single health care service, as distinguished from

 6-1     an indemnification against the cost of that service, on a prepaid

 6-2     basis through insurance or otherwise and that no part of that plan

 6-3     consists of arranging for the provision of more than one health

 6-4     care need of a single specified nature.

 6-5           (x) [(t)  "Emergency care" means bona fide emergency services

 6-6     provided after the sudden onset of a medical condition manifesting

 6-7     itself by acute symptoms of sufficient severity, including severe

 6-8     pain, such that the absence of immediate medical attention could

 6-9     reasonably be expected to result in:]

6-10                 [(1)  placing the patient's health in serious jeopardy;]

6-11                 [(2)  serious impairment to bodily functions; or]

6-12                 [(3)  serious dysfunction of any bodily organ or part.]

6-13           [(u)]  "Health maintenance organization delivery network"

6-14     means a health care delivery system in which a health maintenance

6-15     organization arranges for health care services directly or

6-16     indirectly through contracts and subcontracts with providers and

6-17     physicians.

6-18           SECTION 2.  Section 3, Texas Health Maintenance Organization

6-19     Act (Article 20A.03, Vernon's Texas Insurance Code), is amended by

6-20     adding Subsections (e), (f), and (g) to read as follows:

6-21           (e)  No person or provider shall directly or indirectly

6-22     perform any of the acts of a health maintenance organization, as

6-23     defined in this Act, except as provided by and in accordance with

6-24     the specific authorization of this Act.

6-25           (f)  Any person or provider who directly or indirectly

6-26     performs any of the acts of a health maintenance organization

6-27     without having first obtained a certificate of authority from the

6-28     Texas Department of Insurance shall be subject to all enforcement

6-29     processes and procedures of an authorized insurer pursuant to

6-30     Sections 3 and 3A, Article 1.14-1, Insurance Code.

 7-1           (g)  The commissioner shall have subpoena authority in

 7-2     accordance with Article 1.19-1, Insurance Code.

 7-3           SECTION 3.  Section 4, Texas Health Maintenance Organization

 7-4     Act (Article 20A.04, Vernon's Texas Insurance Code), is amended to

 7-5     read as follows:

 7-6           Sec. 4.  APPLICATION FOR CERTIFICATE OF AUTHORITY.  (a)  Each

 7-7     application for a certificate of authority shall be on a form

 7-8     prescribed by rule of the commissioner and shall be verified by the

 7-9     applicant, an officer, or other authorized representative of the

7-10     applicant, and shall set forth or be accompanied by the following:

7-11                 (1)  a copy of the basic organizational document, if

7-12     any, of the applicant, such as the articles of incorporation,

7-13     articles of association, partnership agreement, trust agreement, or

7-14     other applicable documents, and all amendments thereto;

7-15                 (2)  a copy of the bylaws, rules and regulations, or

7-16     similar document, if any, regulating the conduct of the internal

7-17     affairs of the applicant;

7-18                 (3)  a list of the names, addresses, and official

7-19     positions of the persons who are to be responsible for the conduct

7-20     of the affairs of the applicant, including all members of the board

7-21     of directors, board of trustees, executive committee, or other

7-22     governing body or committee, the principal officer in the case of a

7-23     corporation, and the partnership or members in the case of a

7-24     partnership or association;

7-25                 (4)  a copy of any independent or other contract made

7-26     or to be made between any provider, physician, or persons listed in

7-27     Paragraph (3) hereof and the applicant;

7-28                 (5)  a copy of the form of evidence of coverage to be

7-29     issued to the enrollee;

7-30                 (6)  a copy of the form of the group contract, if any,

 8-1     which is to be issued to employers, unions, trustees, or other

 8-2     organizations;

 8-3                 (7)  a current financial statement that includes:

 8-4                       (A)  the sources and application of funds;

 8-5                       (B)  projected financial statements during the

 8-6     initial period of operations;

 8-7                       (C)  a balance sheet beginning as of the date of

 8-8     the expected start of operations;

 8-9                       (D)  a statement of revenue and expenses with

8-10     expected member months; and

8-11                       (E)  a cash flow statement that states any

8-12     capital expenditures, purchase and sale of investments, and

8-13     deposits with the state;

8-14                 (8)  the schedule of charges to be used during the

8-15     first 12 months of operation;

8-16                 (9)  a statement acknowledging that all lawful process

8-17     in any legal action or proceeding against the health maintenance

8-18     organization on a cause of action arising in this state is valid if

8-19     served in accordance with Article 1.36, Insurance Code;

8-20                 (10)  a statement reasonably describing the geographic

8-21     area or areas to be served;

8-22                 (11)  a description of the complaint procedures to be

8-23     utilized;

8-24                 (12)  a description of the procedures and programs to

8-25     be implemented to meet the quality of health care requirements set

8-26     forth herein; [and]

8-27                 (13)  a written description of health care plan terms

8-28     and conditions made available to any current or prospective group

8-29     contract holder or current or prospective enrollee of the health

8-30     maintenance organization pursuant to the requirements of Section 11

 9-1     of this Act;

 9-2                 (14)  network configuration information, including an

 9-3     explanation of the adequacy of the physician and other provider

 9-4     network configuration; the information provided must include the

 9-5     names of physicians, specialty physicians, and other providers by

 9-6     zip code or zip code map and indicate whether each physician or

 9-7     other provider is accepting new patients from the health

 9-8     maintenance organization;

 9-9                 (15)  a written description of the specific

9-10     compensation arrangements, such as compensation based on

9-11     fee-for-service arrangements, risk-sharing arrangements, or

9-12     capitated risk arrangements, made or to be made with physicians and

9-13     providers in exchange for the provision of or an arrangement to

9-14     provide health care services to enrollees, including any financial

9-15     incentives for physicians and providers; such compensation

9-16     arrangements shall be confidential and not subject to the open

9-17     records law, Chapter 552, Government Code;

9-18                 (16)  documentation demonstrating that the health

9-19     maintenance organization will pay for emergency care services

9-20     performed by nonnetwork physicians or providers at the negotiated

9-21     or usual and customary rate and that the health care plan contains,

9-22     without regard to whether the physician or provider furnishing the

9-23     services has a contractual or other arrangement with the entity to

9-24     provide items or services to covered individuals, the following

9-25     provisions and procedures for coverage of emergency care services:

9-26                       (A)  any medical screening examination or other

9-27     evaluation required by state or federal law that is necessary to

9-28     determine whether an emergency medical condition exists will be

9-29     provided to covered enrollees in the emergency department of a

9-30     hospital;

 10-1                      (B)  necessary emergency care services will be

 10-2    provided to covered enrollees, including the treatment and

 10-3    stabilization of an emergency medical condition;

 10-4                      (C)  services originated in a hospital emergency

 10-5    department following treatment or stabilization of an emergency

 10-6    medical condition will be provided to covered enrollees as approved

 10-7    by the health maintenance organization, provided that the health

 10-8    maintenance organization is required to approve or deny coverage of

 10-9    poststabilization care as requested by a treating physician or

10-10    provider within the time appropriate to the circumstances relating

10-11    to the delivery of the services and the condition of the patient,

10-12    but in no case to exceed one hour; the health maintenance

10-13    organization must respond to inquiries from the treating physician

10-14    or provider in compliance with this provision in the health

10-15    maintenance organization's plan; and

10-16                (17)  such other information as the commissioner may

10-17    require to make the determinations required by this Act.

10-18          (b)  The commissioner [State Board of Insurance] may

10-19    promulgate such reasonable rules and regulations as the

10-20    commissioner [it] deems necessary to the proper administration of

10-21    this Act to require a health maintenance organization, subsequent

10-22    to receiving its certificate of authority, to submit the

10-23    modifications or amendments to the operations or documents

10-24    described in Subsection (a) of this section to the commissioner,

10-25    either for his approval or for information only, prior to the

10-26    effectuation of the modification or amendment or to require the

10-27    health maintenance organization to indicate the modifications to

10-28    [both the board and] the commissioner at the time of the next site

10-29    visit or examination.  As soon as reasonably possible after any

10-30    filing for approval required by this subsection is made, the

 11-1    commissioner shall in writing approve or disapprove it.  Any

 11-2    modification or amendment for which the commissioner's approval is

 11-3    required shall be considered approved unless disapproved within 30

 11-4    days; provided that the commissioner may postpone the action for

 11-5    such further time, not exceeding an additional 30 days, as

 11-6    necessary for proper consideration.

 11-7          SECTION 4.  Section 5, Texas Health Maintenance Organization

 11-8    Act (Article 20A.05, Vernon's Texas Insurance Code), is amended to

 11-9    read as follows:

11-10          Sec. 5.  ISSUANCE OF CERTIFICATE OF AUTHORITY.  (a)[(1)  Upon

11-11    receipt of an application for issuance of a certificate of

11-12    authority, the commissioner shall begin consideration of the

11-13    application and forthwith transmit copies of such application and

11-14    accompanying documents to the board.]

11-15                [(2)  The board shall determine whether the applicant

11-16    for a certificate of authority, with respect to health care

11-17    services to be furnished:]

11-18                      [(A)  has demonstrated the willingness and

11-19    potential ability to assure that such health care services will be

11-20    provided in a manner to assure both availability and accessibility

11-21    of adequate personnel and facilities, in a manner enhancing

11-22    availability, accessibility, and continuity of services;]

11-23                      [(B)  has arrangements, established in accordance

11-24    with rules and regulations promulgated by the board with the

11-25    concurrence of the commissioner, for an ongoing quality of health

11-26    care assurance program concerning health care processes and

11-27    outcome; and]

11-28                      [(C)  has a procedure, established by rules and

11-29    regulations of the board with the concurrence of the commissioner,

11-30    to develop, compile, evaluate, and report statistics relating to

 12-1    the cost of operation, the pattern of utilization of its services,

 12-2    availability and accessibility of its services.]

 12-3                [(3)  Within 45 days of receipt of the application by

 12-4    the board for issuance of a certificate of authority, the board

 12-5    shall certify to the commissioner whether the proposed health

 12-6    maintenance organization meets the requirements of this section.

 12-7    If the board certifies that the health maintenance organization

 12-8    does not meet such requirements, it shall specify in what respects

 12-9    it is deficient.]

12-10          [(b)]  The commissioner shall, after notice and hearing,

12-11    issue or deny a certificate of authority to any person filing an

12-12    application pursuant to Section 4 of this Act, within 75 days of

12-13    the receipt of a completed application [the certification of the

12-14    board]; provided, however, that if notice and the opportunity for a

12-15    hearing is involved in a particular issuance or denial, then the

12-16    matter must be scheduled for a hearing within 75 days of the

12-17    receipt of a completed application.  In any event, the commissioner

12-18    may grant a delay of final action on the application to an

12-19    applicant.  Issuance of the certificate of authority shall be

12-20    granted upon payment of the application fee prescribed in Section

12-21    32 of this Act if the commissioner is satisfied that:

12-22                (1)  the applicant for a certificate of authority, with

12-23    respect to health care services to be furnished:

12-24                      (A)  has demonstrated the willingness and

12-25    potential ability to assure that such health care services will be

12-26    provided in a manner to assure both availability and accessibility

12-27    of adequate personnel and facilities, in a manner enhancing

12-28    availability, accessibility, quality of care, and continuity of

12-29    services;

12-30                      (B)  has arrangements, established in accordance

 13-1    with rules and regulations promulgated by the commissioner, for an

 13-2    ongoing quality of health care assurance program concerning health

 13-3    care processes and outcome; and

 13-4                      (C)  has a procedure, established by rules and

 13-5    regulations of the commissioner to develop, compile, evaluate, and

 13-6    report statistics relating to the cost of operation, the pattern of

 13-7    utilization of its services, and availability and accessibility of

 13-8    its services; [board certifies that the health maintenance

 13-9    organization's proposed plan of operation meets the requirements of

13-10    Subsection (a)(2) of this section; and]

13-11                (2)  [the commissioner is satisfied that:]

13-12                [(A)]  the person responsible for the conduct of the

13-13    affairs of the applicant is competent, trustworthy, and possesses a

13-14    good reputation;

13-15                (3) [(B)]  the health care plan or single health care

13-16    service plan constitutes an appropriate mechanism whereby the

13-17    health maintenance organization will effectively provide or arrange

13-18    for the provision of basic health care services or single health

13-19    care service on a prepaid basis, through insurance or otherwise,

13-20    except to the extent of reasonable requirements for co-payment;

13-21                (4) [(C)]  the health maintenance organization is fully

13-22    responsible and may reasonably be expected to meet its obligations

13-23    to enrollees and prospective enrollees.  In making this

13-24    determination, the commissioner shall consider:

13-25                      (A) [(i)]  the financial soundness of the health

13-26    care plan's arrangement for health care services and a schedule of

13-27    charges used in connection therewith;

13-28                      (B) [(ii)]  the adequacy of working capital;

13-29                      (C) [(iii)]  any agreement with an insurer, group

13-30    hospital service corporation, a political subdivision of

 14-1    government, or any other organization for insuring the payment of

 14-2    the cost of health care services or the provision for automatic

 14-3    applicability of an alternative coverage in the event of

 14-4    discontinuance of plan;

 14-5                      (D) [(iv)]  any agreement which provides for the

 14-6    provision of health care services; and

 14-7                      (E) [(v)]  any deposit of cash or securities

 14-8    submitted in accordance with Section 13 of this Act as a guarantee

 14-9    that the obligations will be duly performed; and

14-10                (5) [(D)]  nothing in the proposed method of operation,

14-11    as shown by the information submitted pursuant to Section 4 of this

14-12    Act, or by independent investigation, is contrary to Texas law.

14-13          (b) [(c)]  If [the board or] the commissioner[, or both,]

14-14    shall certify that the health maintenance organization's proposed

14-15    plan of operation does not meet the requirements of this section,

14-16    the commissioner shall not issue the certificate of authority.  The

14-17    commissioner shall notify the applicant that it is deficient[,] and

14-18    shall specify in what respects it is deficient.

14-19          (c) [(d)]  A certificate of authority shall continue in force

14-20    as long as the person to whom it is issued meets the requirements

14-21    of this Act or until suspended or revoked by the commissioner or

14-22    terminated at the request of the certificate holder.  Any change in

14-23    control, as defined by Article 21.49-1 of the Insurance Code of

14-24    Texas, of the health maintenance organization, shall be subject to

14-25    the approval of the commissioner.

14-26          SECTION 5.  Section 9, Texas Health Maintenance Organization

14-27    Act (Article 20A.09, Vernon's Texas Insurance Code), as amended by

14-28    Chapters 1091 and 1096, Acts of the 70th Legislature, Regular

14-29    Session, 1987, is amended to read as follows:

14-30          Sec. 9.  EVIDENCE OF COVERAGE AND CHARGES.  (a)(1)  Every

 15-1    enrollee residing in this state is entitled to evidence of coverage

 15-2    under a health care plan.  If the enrollee obtains coverage under a

 15-3    health care plan through an insurance policy or a contract issued

 15-4    by a group hospital service corporation, whether by option or

 15-5    otherwise, the insurer or the group hospital service corporation

 15-6    shall issue the evidence of coverage.  Otherwise, the health

 15-7    maintenance organization shall issue the evidence of coverage.

 15-8                (2)  No evidence of coverage, or amendment thereto,

 15-9    shall be issued or delivered to any person in this state until a

15-10    copy of the form of evidence of coverage, or amendment thereto, has

15-11    been filed with and approved by the commissioner.

15-12                (3)  An evidence of coverage shall contain:

15-13                      (A)  no provisions or statements which are

15-14    unjust, unfair, inequitable, misleading, deceptive, which encourage

15-15    misrepresentation, or which are untrue, misleading, or deceptive as

15-16    defined in Section 14 of this Act; [and]

15-17                      (B)  a clear and complete statement, if a

15-18    contract, or a reasonably complete facsimile, if a certificate, of:

15-19                            (i)  the medical, health care services, or

15-20    single health care service and the issuance of other benefits, if

15-21    any, to which the enrollee is entitled under the health care plan

15-22    or single health care service plan;

15-23                            (ii)  any limitation on the services, kinds

15-24    of services, benefits, or kinds of benefits to be provided,

15-25    including any deductible or co-payment feature;

15-26                            (iii)  where and in what manner information

15-27    is available as to how services may be obtained; and

15-28                            (iv)  a clear and understandable

15-29    description of the health maintenance organization's methods for

15-30    resolving enrollee complaints.  Any subsequent changes may be

 16-1    evidenced in a separate document issued to the enrollee;

 16-2                      (C)  a provision that, if medically necessary

 16-3    covered services are not available through network physicians or

 16-4    providers, the health maintenance organization must, on the request

 16-5    of a network physician or provider, within a reasonable time period

 16-6    allow referral to a nonnetwork physician or provider and shall

 16-7    fully reimburse the nonnetwork physician or provider at the usual

 16-8    and customary or an agreed rate; each contract must further provide

 16-9    for a review by a specialist of the same, or a similar, specialty

16-10    as the type of physician or provider to whom a referral is

16-11    requested before the health maintenance organization may deny a

16-12    referral;

16-13                      (D)  a provision to allow enrollees with chronic,

16-14    disabling, or life-threatening illnesses to apply to the health

16-15    maintenance organization's medical director to utilize a nonprimary

16-16    care physician specialist as a primary care physician, provided

16-17    that:

16-18                            (i)  the request includes information

16-19    specified by the health maintenance organization, including but not

16-20    limited to certification of medical need,  and is signed by the

16-21    enrollee and the nonprimary care physician specialist interested in

16-22    serving as the primary care physician;

16-23                            (ii)  the nonprimary care physician

16-24    specialist meets the health maintenance organization's requirements

16-25    for primary care physician participation; and

16-26                            (iii)  the nonprimary care physician

16-27    specialist is willing to accept the coordination of all of the

16-28    enrollee's health care needs;

16-29                      (E)  a provision that if the request for special

16-30    consideration specified in Paragraph D of this subdivision is

 17-1    denied, an enrollee may appeal the decision through the health

 17-2    maintenance organization's established complaint and appeals

 17-3    process; and

 17-4                      (F)  a provision that the effective date of the

 17-5    new designation of a nonprimary care physician specialist as set

 17-6    out in Paragraph D of this subdivision shall not be retroactive;

 17-7    the health maintenance organization may not reduce the amount of

 17-8    compensation owed to the original primary care physician beyond the

 17-9    date of the new designation.

17-10                (4)  Any form of the evidence of coverage or group

17-11    contract to be used in this state, and any amendments thereto, are

17-12    subject to the filing and approval requirements of Subsection (c)

17-13    of this section, unless it is subject to the jurisdiction of the

17-14    commissioner under the laws governing health insurance or group

17-15    hospital service corporations, in which event the filing and

17-16    approval provisions of such law shall apply.  To the extent,

17-17    however, that such provisions do not apply to the requirements of

17-18    Subdivision (3), Subsection (a) of this section, the requirements

17-19    of Subdivision (3) shall be applicable.

17-20          (b)  The formula or method for calculating the schedule of

17-21    charges for enrollee coverage for medical services or health care

17-22    services must be filed with the commissioner before it is used in

17-23    conjunction with any health care plan.  The formula or method must

17-24    be established in accordance with actuarial principles for the

17-25    various categories of enrollees.  The charges resulting from the

17-26    application of the formula or method may not be altered for an

17-27    individual enrollee based on the status of that enrollee's health.

17-28    The formula or method must produce charges that are not excessive,

17-29    inadequate, or unfairly discriminatory, and benefits must be

17-30    reasonable with respect to the rates produced by the formula or

 18-1    method.  A statement by a qualified actuary that certifies the

 18-2    appropriateness of the formula or method must accompany the filing

 18-3    together with supporting information considered adequate by the

 18-4    commissioner.

 18-5          (c)  The commissioner shall, within a reasonable period,

 18-6    approve any form of the evidence of coverage or group contract, or

 18-7    amendment thereto, if the requirements of this section are met.

 18-8    After notice and opportunity for hearing, the commissioner may

 18-9    withdraw previous approval of any form, if the commissioner

18-10    determines that it violates or does not comply with this Act or a

18-11    rule adopted by the commissioner [State Board of Insurance].  It

18-12    shall be unlawful to issue such form until approved.  If the

18-13    commissioner disapproves such form, the commissioner shall notify

18-14    the filer.  In the notice, the commissioner shall specify the

18-15    reason for the disapproval.  A hearing shall be granted within 30

18-16    days after a request in writing by the person filing.  If the

18-17    commissioner does not disapprove any form within 30 days after the

18-18    filing of such form it shall be considered approved; provided that

18-19    the commissioner may by written notice extend the period for

18-20    approval or disapproval of any filing for such further time, not

18-21    exceeding an additional 30 days, as necessary for proper

18-22    consideration of the filing.

18-23          (d)  The commissioner may require the submission of whatever

18-24    relevant information he or she deems necessary in determining

18-25    whether to approve or disapprove a filing made pursuant to this

18-26    section.

18-27          (e)  Article 3.74 of the Texas Insurance Code applies to

18-28    health maintenance organizations other than those health

18-29    maintenance organizations offering only a single health care

18-30    service plan.

 19-1          (f)  Article 3.51-9 of the Texas Insurance Code applies to

 19-2    health maintenance organizations other than those health

 19-3    maintenance organizations offering only a single health care

 19-4    service plan.

 19-5          (g)  Evidence of coverage does not constitute a health

 19-6    insurance policy as that term is defined by the Insurance Code.

 19-7          (h)  Article 3.70-1(F)(5) of the Insurance Code applies to

 19-8    health maintenance organizations other than those health

 19-9    maintenance organizations offering only a single health care

19-10    service plan.

19-11          (i) [(h)]  Article 3.72 of the Insurance Code applies to

19-12    health maintenance organizations to the extent that such article is

19-13    not in conflict with this Act and to the extent that the

19-14    residential treatment center or crisis stabilization unit is

19-15    located within the service area of the health maintenance

19-16    organization and subject to such inspection and review as required

19-17    by this Act or the rules hereunder.

19-18          (j) [(i)]  A health maintenance organization shall comply

19-19    with Article 21.55 of the Insurance Code with respect to prompt

19-20    payment to enrollees [this code applies to out-of-area or emergency

19-21    claims for which benefits are not assigned or payment is not made

19-22    directly to the physician or provider].  A health maintenance

19-23    organization shall make payment to a physician or provider for

19-24    covered services rendered to enrollees of the health maintenance

19-25    organization not later than the 45th day after the date a claim for

19-26    payment is received with documentation reasonably necessary for the

19-27    health maintenance organization to process the claim or within the

19-28    time period specified by written agreement, whichever time period

19-29    is shorter.  For purposes of this subsection, "covered services"

19-30    means health care services and benefits to which enrollees are

 20-1    entitled under the terms of an applicable evidence of coverage.

 20-2          (k) [(j)]  A health maintenance organization may provide

 20-3    benefits under a health care plan to a dependent grandchild of an

 20-4    enrollee when the dependent grandchild is less than 21 years old

 20-5    and living with and in the household of the enrollee.

 20-6          (l)  A health maintenance organization that offers a basic

 20-7    health care plan shall provide or arrange for the provision of

 20-8    basic health care services to its enrollees as needed and without

 20-9    limitations as to time and cost other than limitations prescribed

20-10    by rule of the commissioner.

20-11          (m)  The commissioner may adopt minimum standards relating to

20-12    basic health care services.

20-13          SECTION 6.  Section 11, Texas Health Maintenance Organization

20-14    Act (Article 20A.11, Vernon's Texas Insurance Code), is amended to

20-15    read as follows:

20-16          Sec. 11.  INFORMATION TO PROSPECTIVE AND CURRENT GROUP

20-17    CONTRACT HOLDERS AND ENROLLEES.  (a)  Each plan application form

20-18    shall prominently include a space in which the enrollee at the time

20-19    of application or enrollment shall make a selection of a primary

20-20    care physician or primary care provider.  An enrollee shall at all

20-21    times have the right to select or change a primary care physician

20-22    or primary care provider within the health maintenance organization

20-23    network of available primary care physicians and primary care

20-24    providers.  However, a health maintenance organization  may limit

20-25    an enrollee's request to change physicians or providers to no more

20-26    than four changes in any 12-month period.

20-27          (b)  A health maintenance organization shall provide on

20-28    request an accurate written description of health care plan terms

20-29    and conditions, as referenced in Section 4(a)(13) of this Act and

20-30    28 T.A.C. Section 11.301(5)(I) (relating to Filing Requirements),

 21-1    to allow any current or prospective group contract holder and

 21-2    current or prospective enrollee eligible for enrollment in a health

 21-3    care plan to make comparisons and informed decisions before

 21-4    selecting among health care plans.  The written description must be

 21-5    in a readable and understandable format as prescribed by the

 21-6    commissioner and shall include a current list of physicians and

 21-7    providers.  The health maintenance organization may provide its

 21-8    handbook to satisfy this requirement provided the handbook's

 21-9    content is substantially similar to and achieves the same level of

21-10    disclosure as the written description prescribed by the

21-11    commissioner and the current list of physicians and providers is

21-12    also provided.

21-13          (c)  A health maintenance organization shall notify enrollees

21-14    within 30 days of any substantive changes to the payment

21-15    arrangements between the health maintenance organization and health

21-16    care physicians or providers.

21-17          (d)  No health maintenance organization, or representative

21-18    thereof, may cause or knowingly permit the use or distribution of

21-19    prospective enrollee information which is untrue or misleading.

21-20          (e)  Every health maintenance organization shall provide to

21-21    its enrollees reasonable notice of any material adverse change in

21-22    the operation of the organization that will affect them directly.

21-23          SECTION 7.  Section 12, Texas Health Maintenance Organization

21-24    Act (Article 20A.12, Vernon's Texas Insurance Code), is amended to

21-25    read as follows:

21-26          Sec. 12.  COMPLAINT SYSTEM.  (a)  Every health maintenance

21-27    organization shall establish and maintain an internal system for

21-28    the resolution of complaints including a process for the notice and

21-29    appeal of any dissatisfaction expressed by a complainant orally or

21-30    in writing to the health maintenance organization with any aspect

 22-1    of the health maintenance organization's operation, including but

 22-2    not limited to dissatisfaction with plan administration; appeal of

 22-3    an adverse determination; the denial, reduction, or termination of

 22-4    a service; the way a service is provided; or disenrollment

 22-5    decisions, expressed by a complainant.  Such complaint procedure

 22-6    shall include provisions to meet the following requirements:

 22-7                (1)  If a complainant notifies the health maintenance

 22-8    organization orally or in writing of a complaint, the health

 22-9    maintenance organization shall, not later than the fifth business

22-10    day after the date of the receipt of the complaint, send to the

22-11    complainant a letter acknowledging the date of the health

22-12    maintenance organization's receipt of the complaint.  The

22-13    acknowledgment letter shall include a description of the complaint

22-14    procedures and time frames.  If the health maintenance organization

22-15    is responding to oral complaints, the health maintenance

22-16    organization shall also enclose a one page complaint form.

22-17                (2)  The health maintenance organization shall

22-18    investigate each oral and written complaint received in accordance

22-19    with its own policies and in compliance with this Act.

22-20                (3)  The total time for acknowledgment, investigation,

22-21    and resolution of the complaint by the health maintenance

22-22    organization shall not exceed 30 calendar days after the date the

22-23    health maintenance organization receives the complaint from the

22-24    complainant.

22-25                (4)  Subdivisions (1) and (3) of this subsection do not

22-26    apply to complaints concerning emergencies or denials of continued

22-27    stays for hospitalization.  Investigation and resolution of

22-28    complaints concerning emergencies or denials of continued stays for

22-29    hospitalization shall be concluded in accordance with the medical

22-30    or dental immediacy of the case and shall not exceed one working

 23-1    day from receipt of the complaint.

 23-2                (5)  After the health maintenance organization has

 23-3    investigated a complaint, the health maintenance organization shall

 23-4    issue a response letter to the complainant explaining the health

 23-5    maintenance organization's resolution of the complaint within the

 23-6    time frames set forth in Subdivision (3) of this subsection.  The

 23-7    letter shall include a statement of the specific medical and

 23-8    contractual reasons for the resolution and the specialization of

 23-9    any physician or other provider consulted.  If the resolution is to

23-10    deny services based on an adverse determination of medical

23-11    necessity, the clinical basis used to reach that decision shall be

23-12    enclosed.  The response letter shall contain a full description of

23-13    the process for appeal, including the time frames for the appeals

23-14    process and the time frames for the final decision on the appeal.

23-15                (6)  In the event the complaint is not resolved to the

23-16    satisfaction of the complainant, the health maintenance

23-17    organization shall provide an appeal process which shall include

23-18    the right of the complainant either to appear in person before a

23-19    complaint appeal panel where the enrollee normally receives health

23-20    care services, unless another site is agreed to by the complainant,

23-21    or to address a written appeal to the complaint appeal panel.  The

23-22    health maintenance organization shall complete the following

23-23    appeals process within 30 calendar days after the request for the

23-24    appeal.

23-25                (7)  The health maintenance organization shall send an

23-26    acknowledgment letter to the complainant within five working days

23-27    after the receipt of the request for appeal.

23-28                (8)  The health maintenance organization shall appoint

23-29    members to the complaint appeal panel which shall advise the health

23-30    maintenance organization on the resolution of the dispute.  The

 24-1    complaint appeal panel shall be composed of equal numbers of health

 24-2    maintenance organization staff, physicians or other providers, and

 24-3    enrollees.  No member of the appeal panel shall have been

 24-4    previously involved in the disputed decision.  The physicians or

 24-5    other providers shall have experience in the area of care that is

 24-6    in dispute and must be independent of the physician or physicians

 24-7    or provider or providers who made the prior determination or

 24-8    determinations.  If specialty care is in dispute, the appeal panel

 24-9    must include an additional person who is a specialist in the field

24-10    of care to which the appeal relates.  The enrollees shall not be

24-11    employees of the health maintenance organization.

24-12                (9)  Not less than five working days before the meeting

24-13    of the panel, the health maintenance organization shall provide to

24-14    the complainant or the complainant's designated representative any

24-15    documentation to be presented to the panel by the health

24-16    maintenance organization staff, the specialization of any

24-17    physicians or providers consulted during the investigation, and the

24-18    name and affiliation of all health maintenance organization

24-19    representatives on the panel.

24-20                (10)  The complainant and a person acting on behalf of

24-21    the complainant shall have the right to appear in person before the

24-22    complaint appeal panel, to present alternative expert testimony,

24-23    and to request the presence of and question the person or persons

24-24    responsible for making the prior determination which resulted in

24-25    the appeal.

24-26                (11)  Investigation and resolution of appeals relating

24-27    to ongoing emergencies or denials of continued stays for

24-28    hospitalization shall be concluded in accordance with the medical

24-29    or dental immediacy of the case but in no event to exceed one

24-30    working day after the complainant's request for appeal.  Due to the

 25-1    ongoing emergency or continued hospital stay and at the

 25-2    complainant's request, the health maintenance organization shall in

 25-3    lieu of a complaint appeal panel provide a review by a physician or

 25-4    provider who has not previously reviewed the case and is of the

 25-5    same or similar speciality as typically manages the medical

 25-6    condition, procedure, or treatment under discussion for review of

 25-7    the appeal.  The physician or provider reviewer may interview the

 25-8    patient or the patient's representative and shall render a decision

 25-9    on the appeal. Initial notice of the decision may be delivered

25-10    orally if followed by written notice of the determination within

25-11    three days.  Investigation and resolution of appeals after

25-12    emergency care has been provided shall be conducted in accordance

25-13    with the process set out in this subsection, including the right to

25-14    a review by an appeal panel.

25-15                (12)  Notice of the final decision of the health

25-16    maintenance organization on the appeal shall include a statement of

25-17    the specific medical determination, clinical basis, and contractual

25-18    criteria used to reach the final decision.  The notice shall also

25-19    include the toll-free telephone number and address of the Texas

25-20    Department of Insurance.

25-21                (13)  The health maintenance organization shall

25-22    maintain a record of all complaints and any complaint proceedings

25-23    for three years.  The complainant has a right to a copy of the

25-24    record.

25-25                (14)  The health maintenance organization shall

25-26    maintain a complaint and appeal log of each complaint.

25-27                (15)  The health maintenance organization shall

25-28    maintain documentation for all complaints and action taken for a

25-29    period of three years from the date of the receipt of the

25-30    complaint, and the Texas Department of Insurance must be able to

 26-1    review such documentation during any examination [a complaint

 26-2    system to provide reasonable procedures for the resolution of

 26-3    written complaints initiated by enrollees concerning health care

 26-4    services].

 26-5          (b)  The commissioner [or board] may examine such complaint

 26-6    system for compliance with this Act and require the health

 26-7    maintenance organization to make corrections as deemed necessary by

 26-8    the commissioner.

 26-9          SECTION 8.  The Texas Health Maintenance Organization Act

26-10    (Article 20A.01 et seq., Vernon's Texas Insurance Code), is amended

26-11    to adding Section 12A to read as follows:

26-12          Sec. 12A.  FILING COMPLAINTS WITH THE TEXAS DEPARTMENT OF

26-13    INSURANCE.  (a)  Any person, including persons who have attempted

26-14    to resolve complaints through the health maintenance organization's

26-15    complaint system process who are dissatisfied with the resolution,

26-16    may report an alleged violation of this Act to the Texas Department

26-17    of Insurance.

26-18          (b)  The commissioner shall investigate a complaint against a

26-19    health maintenance organization to determine compliance with this

26-20    Act within 60 days after the Texas Department of Insurance's

26-21    receipt of the complaint and all information necessary for the

26-22    department to determine compliance.  The commissioner may extend

26-23    the time necessary to complete an investigation in the event any of

26-24    the following circumstances occur:

26-25                (1)  additional information is needed;

26-26                (2)  an on-site review is necessary;

26-27                (3)  the health maintenance organization, the physician

26-28    or provider, or the complainant does not provide all documentation

26-29    necessary to complete the investigation; or

26-30                (4)  other circumstances beyond the control of the

 27-1    department occur.

 27-2          SECTION 9.  Subsections (a), (b), (c), (f), (g), and (h),

 27-3    Section 13, Texas Health Maintenance Organization Act (Article

 27-4    20A.13, Vernon's Texas Insurance Code), are amended to read as

 27-5    follows:

 27-6          (a)  Unless otherwise provided by this section, each health

 27-7    maintenance organization shall deposit with the comptroller [State

 27-8    Treasurer] cash or securities, or any combination of these or other

 27-9    guarantees that are acceptable to the commissioner [State Board of

27-10    Insurance], in an amount as set forth in this section.

27-11          (b)  For a health maintenance organization which has not

27-12    received a certificate of authority from the State Board of

27-13    Insurance or the commissioner prior to September 1, 1987:

27-14                (1)  the amount of the initial deposit or other

27-15    guarantee shall be $100,000 for an organization offering basic

27-16    health care services and $50,000 for an organization offering a

27-17    single health care service plan;

27-18                (2)  on or before March 15 of the year following the

27-19    year in which the health maintenance organization receives a

27-20    certificate of authority, it shall deposit with the comptroller

27-21    [State Treasurer] an amount equal to the difference between the

27-22    initial deposit and 100 percent of its estimated uncovered health

27-23    care expenses for the first 12 months of operation;

27-24                (3)  on or before March 15 of each subsequent year, it

27-25    shall deposit the difference between its total uncovered health

27-26    care expenses based on its annual statement from the previous year

27-27    and the total amount previously deposited and not withdrawn from

27-28    the State Treasury; and

27-29                (4)  in any year in which the amount determined in

27-30    accordance with Subdivision (3) of this subsection is zero or less

 28-1    than zero, the commissioner [State Board of Insurance] may not

 28-2    require the health maintenance organization to make any additional

 28-3    deposit under this subsection.

 28-4          (c)  For a health maintenance organization which has received

 28-5    a certificate of authority from the State Board of Insurance prior

 28-6    to September 1, 1987:

 28-7                (1)  on or before March 15, 1988, the organization

 28-8    shall deposit an amount equal to the sum of:

 28-9                      (A)  $100,000 for an organization offering basic

28-10    health care services or $50,000 for an organization offering a

28-11    single health care service plan; and

28-12                      (B)  100 percent of the uncovered health care

28-13    expenses for the preceding 12 months of operation;

28-14                (2)  on or before March 15 of each subsequent year, the

28-15    organization shall make additional deposits of the difference

28-16    between its total uncovered health care expenses based on its

28-17    annual statement from the previous year and the total amount

28-18    previously deposited and not withdrawn from the State Treasury; and

28-19                (3)  in any year in which the amount determined in

28-20    accordance with Subdivision (2) of this subsection is zero or less

28-21    than zero, the commissioner [State Board of Insurance] may not

28-22    require the health maintenance organization to make any additional

28-23    deposit under this subsection.

28-24          (f)  Upon application by a health maintenance organization

28-25    operating for more than one year under a certificate of authority

28-26    issued by the State Board of Insurance or the commissioner, the

28-27    commissioner [State Board of Insurance] may waive some or all of

28-28    the requirements of Subsection (b) or (c) of this section for any

28-29    period of time it shall deem proper whenever it finds that one or

28-30    more of the following conditions justifies such waiver:

 29-1                (1)  the total amount of the deposit or other guarantee

 29-2    is equal to 25 percent of the health maintenance organization's

 29-3    estimated uncovered expenses for the next calendar year;

 29-4                (2)  the health maintenance organization's net worth is

 29-5    equal to at least 25 percent of its estimated uncovered expenses

 29-6    for the next calendar year; or

 29-7                (3)  either the health maintenance organization has a

 29-8    net worth of $5,000,000 or its sponsoring organization has a net

 29-9    worth of at least $5,000,000 for each health maintenance

29-10    organization whose uncovered expenses it guarantees.

29-11          (g)  If one or more of the requirements is waived, any amount

29-12    previously deposited shall remain on deposit until released in

29-13    whole or in part by the comptroller [State Treasurer] upon order of

29-14    the commissioner [State Board of Insurance] pursuant to Subsection

29-15    (f) of this section.

29-16          (h)  A health maintenance organization that has made a

29-17    deposit with the comptroller [State Treasurer] may, at its option,

29-18    withdraw the deposit or any part thereof, first having deposited

29-19    with the comptroller [State Treasurer], in lieu thereof, a deposit

29-20    of cash or securities of equal amount and value to that withdrawn.

29-21    Any securities shall be approved by the commissioner [State Board

29-22    of Insurance] before being substituted.

29-23          SECTION 10.  Section 14, Texas Health Maintenance

29-24    Organization Act (Article 20A.14, Vernon's Texas Insurance Code),

29-25    is amended by adding Subsections (i) through (l) to read as

29-26    follows:

29-27          (i)(1)  A health maintenance organization shall not, as a

29-28    condition of a contract with a physician or provider or in any

29-29    other manner, prohibit, attempt to prohibit, or discourage a

29-30    physician or provider from:

 30-1                      (A)  discussing with or communicating to a

 30-2    current, prospective, or former patient, or a party designated by a

 30-3    patient, information or opinions regarding the patient's health

 30-4    care, including but not limited to the patient's medical condition,

 30-5    treatment options, or other health care services; or

 30-6                      (B)  discussing with or communicating in good

 30-7    faith to a current, prospective, or former patient, or a party

 30-8    designated by a patient, information or opinions regarding the

 30-9    provisions, terms, requirements, or services of the health care

30-10    plan as they relate to the medical needs of the patient.

30-11                (2)  A health maintenance organization shall not in any

30-12    way penalize, terminate, or refuse to compensate, for covered

30-13    services, a physician or provider for discussing or communicating

30-14    with a current, prospective, or former patient, or a party

30-15    designated by a patient, pursuant to this section.

30-16          (j)  A health maintenance organization shall not engage in

30-17    any retaliatory action, including refusal to renew or cancellation

30-18    of coverage, against a group contract holder or enrollee because

30-19    the group, enrollee, or person acting on behalf of the group or

30-20    enrollee has filed a complaint against the health maintenance

30-21    organization or appealed a decision of the health maintenance

30-22    organization.

30-23          (k)  A health maintenance organization shall not engage in

30-24    any retaliatory action, including termination of or refusal to

30-25    renew a contract, against a physician or provider because the

30-26    physician or provider has, on behalf of an enrollee, reasonably

30-27    filed a complaint against the health maintenance organization or

30-28    has appealed a decision of the health maintenance organization.

30-29          (l)  A health maintenance organization may not use any

30-30    financial incentive or make payment to a physician or provider

 31-1    which acts directly or indirectly as an inducement to limit

 31-2    medically necessary services.

 31-3          SECTION 11.  Section 15, Texas Health Maintenance

 31-4    Organization Act (Article 20A.15, Vernon's Texas Insurance Code),

 31-5    is amended to read as follows:

 31-6          Sec. 15.  REGULATION OF AGENTS [AGENT FOR SINGLE HEALTH CARE

 31-7    SERVICE PLANS].  (a)  A health maintenance organization agent is

 31-8    anyone who represents any health maintenance organization in the

 31-9    solicitation, negotiation, procurement, or effectuation of health

31-10    maintenance organization membership or holds himself or herself out

31-11    as such.  No person or other legal entity may perform the acts of a

31-12    health maintenance organization agent within this state unless such

31-13    person or legal entity has a valid health maintenance organization

31-14    agent's license issued pursuant to this Act.  The term "health

31-15    maintenance organization agent" shall not include:

31-16                (1)  any regular salaried officer or employee of a

31-17    health maintenance organization or of a licensed health maintenance

31-18    organization agent, who devotes substantially all of his or her

31-19    time to activities other than the solicitation of applications for

31-20    health maintenance organization membership and receives no

31-21    commission or other compensation directly dependent upon the

31-22    business obtained and who does not solicit or accept from the

31-23    public applications for health maintenance organization membership;

31-24                (2)  employers or their officers or employees or the

31-25    trustees of any employee benefit plan to the extent that such

31-26    employers, officers, employees, or trustees are engaged in the

31-27    administration or operation of any program of employee benefits

31-28    involving the use of membership in a health maintenance

31-29    organization; provided that such employers, officers, employees, or

31-30    trustees are not in any manner compensated directly or indirectly

 32-1    by the health maintenance organization issuing such health

 32-2    maintenance organization membership;

 32-3                (3)  banks or their officers and employees to the

 32-4    extent that such banks, officers, and employees collect and remit

 32-5    charges by charging same against accounts of depositors on the

 32-6    orders of such depositors; or

 32-7                (4)  any person or the employee of any person who has

 32-8    contracted to provide administrative, management, or health care

 32-9    services to a health maintenance organization and who is

32-10    compensated for those services by the payment of an amount

32-11    calculated as a percentage of the revenues, net income, or profit

32-12    of the health maintenance organization, if that method of

32-13    compensation is the sole basis for subjecting that person or the

32-14    employee of the person to this section.

32-15          (b)  The commissioner [Commissioner of Insurance] shall

32-16    collect in advance from health maintenance organization agent

32-17    applicants a nonrefundable license fee in an amount not to exceed

32-18    $50 as determined by the commissioner [board].  Unless the

32-19    commissioner [State Board of Insurance] accepts a qualifying

32-20    examination administered by a testing service, as provided under

32-21    Article 21.01-1, Insurance Code, as amended, the commissioner

32-22    [Commissioner of Insurance] shall also collect from such applicants

32-23    an examination fee in an amount not to exceed $20 as determined by

32-24    the commissioner [board].  A new examination fee shall be paid for

32-25    each examination.  The examination fee shall not be returned under

32-26    any circumstances other than for failure to appear and take the

32-27    examination after the applicant has given at least 24 hours notice

32-28    of an emergency situation to the commissioner [Commissioner of

32-29    Insurance] and received the commissioner's approval.

32-30          (c)  Except as may be provided by a staggered renewal system

 33-1    adopted under Article 21.01-2, Insurance Code, and its subsequent

 33-2    amendments, each license issued to a health maintenance

 33-3    organization agent shall expire two years following the date of

 33-4    issue, unless prior thereto it is suspended or revoked by the

 33-5    commissioner or the authority of the agent to act for the health

 33-6    maintenance organization is terminated.

 33-7          (d)  Licenses which have not expired or been suspended or

 33-8    revoked may be renewed by filing with the commissioner [State Board

 33-9    of Insurance] a completed renewal application and by paying a

33-10    nonrefundable renewal fee in an amount not to exceed $50 as

33-11    determined by the commissioner [board] on or before the expiration

33-12    of the license.

33-13          (e)  Any agent licensed under this section may represent and

33-14    act as an agent for more than one health maintenance organization

33-15    at any time while the agent's license is in force.  Any such agent

33-16    and the health maintenance organization involved must give notice

33-17    to the commissioner [State Board of Insurance] of any additional

33-18    appointment or appointments authorizing the agent to act as agent

33-19    for an additional health maintenance organization or health

33-20    maintenance organizations.  Such notice must be accompanied by a

33-21    certificate from each health maintenance organization to be named

33-22    in each additional appointment that said health maintenance

33-23    organization desires to appoint the applicant as its agent.  This

33-24    notice shall contain such other information as the commissioner

33-25    [State Board of Insurance] may require.  The agent shall be

33-26    required to pay a nonrefundable fee in an amount not to exceed $16

33-27    as determined by the commissioner [board] for each additional

33-28    appointment applied for, which fee shall accompany the notice.  If

33-29    approval of the additional appointment is not received from the

33-30    commissioner [State Board of Insurance] before the eighth day after

 34-1    the date on which the completed notice and fee were received by the

 34-2    commissioner [board], the agent and the health maintenance

 34-3    organization, in the absence of notice of disapproval, may assume

 34-4    that the board approves the application, and the agent may act for

 34-5    the health maintenance organization.  The commissioner [State Board

 34-6    of Insurance] shall suspend the license of an agent during any

 34-7    period in which the agent does not have an outstanding valid

 34-8    appointment to represent a health maintenance organization.  The

 34-9    suspension shall be lifted on receipt by the commissioner [board]

34-10    of acceptable notice of valid appointment.

34-11          (f)  It shall be the duty of the commissioner to collect from

34-12    every agent of any health maintenance organization in the State of

34-13    Texas under the provisions of this section a licensing fee and an

34-14    initial appointment fee for each appointment by a health

34-15    maintenance organization.  All fees collected under this section

34-16    shall be used by the commissioner [State Board of Insurance] to

34-17    administer the provisions of this [the Texas Health Maintenance

34-18    Organization] Act and all laws of this state governing and

34-19    regulating agents for such health maintenance organizations.  All

34-20    of such funds shall be paid into the State Treasury to the credit

34-21    of the Texas Department [State Board] of Insurance operating fund

34-22    and shall be paid out for salaries, traveling expenses, office

34-23    expenses, and other incidental expenses incurred and approved by

34-24    the commissioner [State Board of Insurance].

34-25          (g)  The commissioner [State Board of Insurance] may, after

34-26    notice and hearings, promulgate such reasonable rules and

34-27    regulations as are necessary to provide for the licensing of

34-28    agents.

34-29          (h) [(m)  Duplicate License; Fee.]  The commissioner

34-30    [Commissioner of Insurance] shall collect in advance from agents

 35-1    requesting duplicate licenses a fee not to exceed $20.  The

 35-2    commissioner [State Board of Insurance] shall determine the amount

 35-3    of the fee.

 35-4          (i) [(n)]  The commissioner [State Board of Insurance] shall

 35-5    issue a license to a corporation if it finds that:

 35-6                (1)  the corporation is organized or existing under the

 35-7    Texas Business Corporation Act, has its principal place of business

 35-8    in this state, and has as one of its purposes the authority to act

 35-9    as an agent under this section; and

35-10                (2)  each officer, director, and shareholder of the

35-11    corporation is individually licensed under this section.

35-12          (j) [(o)]  This section may not be construed to permit any

35-13    employee, agent, or corporation to perform any act of an agent

35-14    under this section without obtaining a license.

35-15          (k) [(p)]  If, at any time, a corporation that holds an

35-16    agent's license does not maintain the qualifications necessary to

35-17    obtain a license, the commissioner [State Board of Insurance] shall

35-18    cancel or revoke the license of that corporation to act as an

35-19    agent.  If a person who is not a licensed agent under this section

35-20    acquires shares in such a corporation by devise or descent, that

35-21    person must either obtain a license or dispose of the shares to a

35-22    person licensed under this section not later than the 90th day

35-23    after the date on which the person acquires the shares.

35-24          (l) [(q)]  If an unlicensed person acquires shares in a

35-25    corporation and does not dispose of the shares within the 90-day

35-26    period, the shares must be purchased by the corporation for the

35-27    value of the shares as reflected by the regular books and records

35-28    of the corporation as of the date of the acquisition of the shares

35-29    by the unlicensed person.  If the corporation fails or refuses to

35-30    purchase the shares, the commissioner [State Board of Insurance]

 36-1    shall cancel its license.

 36-2          (m) [(r)]  A corporation may redeem the shares of any

 36-3    shareholder or the shares of a deceased shareholder on terms agreed

 36-4    to by the board of directors and the shareholder or the

 36-5    shareholder's personal representative or at a price and on terms

 36-6    provided in the articles of incorporation, the bylaws of the

 36-7    corporation, or an existing contract entered into by the

 36-8    shareholders of the corporation.

 36-9          (n) [(s)]  With the application for a license or a license

36-10    renewal, each corporation licensed as an agent under this section

36-11    must file a sworn statement listing the names and addresses of all

36-12    of its officers, directors, and shareholders.

36-13          (o) [(t)]  Each corporation shall notify the commissioner

36-14    [State Board of Insurance] of any change in its officers,

36-15    directors, or shareholders not later than the 30th day after the

36-16    date on which the change takes effect.

36-17          (p) [(u)]  Another corporation may not own an interest in a

36-18    corporation licensed under this section.  Each owner of an interest

36-19    in a corporation licensed under this section must be a natural

36-20    person who holds a valid license issued under this section.

36-21          SECTION 12.  Section 15A, Texas Health Maintenance

36-22    Organization Act (Article 20A.15A, Vernon's Texas Insurance Code),

36-23    is amended to read as follows:

36-24          Sec. 15A.  AGENTS FOR SINGLE HEALTH CARE SERVICE PLANS.

36-25    (a)  A person acting as an agent for a health maintenance

36-26    organization offering only a single health care service plan who is

36-27    licensed by examination under Article 21.07, Insurance Code, or

36-28    Chapter 213, Acts of the 54th Legislature, Regular Session, 1955

36-29    (Article 21.07-1, Vernon's Texas Insurance Code), is subject to the

36-30    licensing requirements provided by this section, and except as

 37-1    specifically provided by this Act or some other law, no other agent

 37-2    licensing requirements apply.

 37-3          (b)  The commissioner shall collect in advance from

 37-4    applicants for licensure as health maintenance organization agents

 37-5    under this section a nonrefundable license fee in an amount not to

 37-6    exceed $70 as determined by the commissioner [State Board of

 37-7    Insurance].

 37-8          (c)  Except as may be provided by a staggered renewal system

 37-9    adopted under Article 21.01-2, Insurance Code, and its subsequent

37-10    amendments, each license issued to a health maintenance

37-11    organization agent under this section shall expire two years

37-12    following the date of issuance, unless before that time the license

37-13    is suspended or revoked by the commissioner or the authority of the

37-14    agent to act for the health maintenance organization is terminated.

37-15          (d)  Licenses issued under this section that have not expired

37-16    or been suspended or revoked may be renewed by filing a completed

37-17    application and paying to the commissioner [board] the required

37-18    nonrefundable renewal fee in an amount not to exceed $50 as

37-19    determined by the commissioner [board].

37-20          (e)  An agent licensed under this section may represent and

37-21    act as an agent for more than one health maintenance organization

37-22    offering only a single health care service plan at any time while

37-23    that agent's license is in force.  The agent and the health

37-24    maintenance organization offering only a single health care service

37-25    plan involved must give notice to the commissioner [State Board of

37-26    Insurance] of any additional appointment authorizing the agent to

37-27    act as agent for an additional health maintenance organization

37-28    offering only a single health care service plan.  The notice must

37-29    be accompanied by a certificate from each health maintenance

37-30    organization to be named in each additional appointment stating

 38-1    that the health maintenance organization offers only a single

 38-2    health care service plan and desires to appoint the applicant as

 38-3    its agent.  The notice must include other information required by

 38-4    the commissioner [State Board of Insurance].  The agent shall pay a

 38-5    nonrefundable fee in an amount not to exceed $70 as determined by

 38-6    the commissioner [State Board of Insurance] for each additional

 38-7    appointment applied for.  The fee must accompany the notice.  If

 38-8    approval of the additional appointment is not received from the

 38-9    commissioner [State Board of Insurance] before the eighth day after

38-10    the date on which the completed notice and fee were received by the

38-11    commissioner [board], the agent and the health maintenance

38-12    organization, in the absence of notice of disapproval, may assume

38-13    that the commissioner [board] approves the application, and the

38-14    agent may act for the health maintenance organization offering a

38-15    single health care service plan.  The commissioner [State Board of

38-16    Insurance] shall suspend the license of an agent during any period

38-17    in which the agent does not have an outstanding valid appointment

38-18    to represent a health maintenance organization offering a single

38-19    health care service plan.  The suspension shall be lifted on

38-20    receipt by the commissioner [board] of acceptable notice of valid

38-21    appointment.

38-22          (f)  The commissioner shall collect from each agent for any

38-23    health maintenance organization offering only a single health care

38-24    service plan a license fee and an appointment fee for each

38-25    additional appointment.

38-26          (g)  Fees collected under this section shall be used by the

38-27    commissioner [State Board of Insurance] to administer this Act and

38-28    laws governing and regulating agents for health maintenance

38-29    organizations.  The funds shall be deposited in the state treasury

38-30    to the credit of the Texas Department [State Board] of Insurance

 39-1    operating fund and shall be paid out for salaries, traveling

 39-2    expenses, office expenses, and other incidental expenses incurred

 39-3    and approved by the commissioner [State Board of Insurance].

 39-4          (h)  The commissioner [State Board of Insurance] may, after

 39-5    notice and hearing, adopt reasonable rules that are necessary to

 39-6    provide for the licensing of agents under this section.

 39-7          (i)  A licensee may renew an unexpired license issued under

 39-8    this section by filing the required renewal application and paying

 39-9    a nonrefundable fee with the commissioner [State Board of

39-10    Insurance] on or before the expiration date of the license.

39-11          (j) [(l)]  A health maintenance organization offering only a

39-12    single health care service plan that desires to appoint an agent

39-13    under this section shall provide to its prospective agents a

39-14    written manual, a copy of which shall be filed with the

39-15    commissioner [State Board of Insurance], outlining and describing

39-16    the single health care service offered by the health maintenance

39-17    organization, outlining this Act, and the rules of the [State Board

39-18    of Insurance and] commissioner adopted under this Act.  The health

39-19    maintenance organization shall certify to the commissioner [State

39-20    Board of Insurance] that it has provided the written manual

39-21    required by this subsection to its prospective agents and has

39-22    provided, under the supervision of a licensed health maintenance

39-23    organization agent, a minimum of four hours of training in its

39-24    single health care service, this Act, and the rules of the [State

39-25    Board of Insurance and the] commissioner adopted under this Act.

39-26          (k) [(n)]  Any regular salaried officer or employee of a

39-27    health maintenance organization offering only a single health care

39-28    service plan who solicits applications on behalf of that health

39-29    maintenance organization must be licensed as a health maintenance

39-30    organization agent under this section and must take any examination

 40-1    and pay any fee provided by Subsection [Subsections] (b) [and (j)]

 40-2    of Section 15 of this Act.

 40-3          (l) [(o)]  The commissioner shall collect in advance from

 40-4    agents requesting duplicate licenses a fee not to exceed $20.  The

 40-5    commissioner [State Board of Insurance] shall determine the amount

 40-6    of the fee.

 40-7          SECTION 13.  Section 17, Texas Health Maintenance

 40-8    Organization Act (Article 20A.17, Vernon's Texas Insurance Code),

 40-9    is amended to read as follows:

40-10          Sec. 17.  EXAMINATIONS.  (a)  The commissioner may make an

40-11    examination concerning the quality of health care services and of

40-12    the affairs of any applicant for a certificate of authority or any

40-13    health maintenance organization as often as the commissioner deems

40-14    [it is deemed] necessary, but not less frequently than once every

40-15    three years.

40-16          (b)  [The board may make an examination concerning the

40-17    quality of health care services of any health maintenance

40-18    organization as often as it deems it necessary, but not less

40-19    frequently than once every three years.]

40-20          [(c)] (1)  Every health maintenance organization shall make

40-21    its books and records relating to its operation available for such

40-22    examinations and in every way facilitate the examinations.  Every

40-23    physician and provider with whom a health maintenance organization

40-24    has a contract, agreement, or other arrangement need only make

40-25    available for examination that portion of its books and records

40-26    relevant to its relationship with the health maintenance

40-27    organization.

40-28                (2)  Medical, hospital, and health records of enrollees

40-29    and records of physicians and providers providing service under

40-30    independent contract with a health maintenance organization shall

 41-1    only be subject to such examination as is necessary for an ongoing

 41-2    quality of health assurance program concerning health care

 41-3    procedures and outcome in accordance with an approved plan as

 41-4    provided for in this Act.  Said plan shall provide for adequate

 41-5    protection of confidentiality of medical information and shall only

 41-6    be disclosed in accordance with applicable law and this Act and

 41-7    shall only be subject to subpoena upon a showing of good cause.

 41-8                (3)  For the purpose of examinations, the commissioner

 41-9    [and board] may administer oaths to and examine the officers and

41-10    agents of the health maintenance organization and the principals of

41-11    such physicians and providers concerning their business.

41-12          (c) [(d)]  Articles 1.04A, 1.15, 1.16, and 1.19, as amended,

41-13    of the Insurance Code shall be construed to apply to health

41-14    maintenance organizations, except to the extent that the

41-15    commissioner determines that the nature of the examination of a

41-16    health maintenance organization renders such clearly inappropriate.

41-17          (d) [(e)]  Articles 1.12, 1.24, and 1.30, and Section 7 of

41-18    Article 1.10, Insurance Code, apply to health maintenance

41-19    organizations.

41-20          SECTION 14.  Subsections (d) and (f), Section 18, Texas

41-21    Health Maintenance Organization Act (Article 20A.18, Vernon's Texas

41-22    Insurance Code), are amended to read as follows:

41-23          (d)  Except as otherwise provided by this subsection, the

41-24    bond required under Subsection (c) of this section must be issued

41-25    by an insurance company that holds a certificate of authority in

41-26    this state.  If, after notice and hearing, the commissioner [State

41-27    Board of Insurance] determines that the fidelity bond required by

41-28    this section is not available from an insurance company that holds

41-29    a certificate of authority in this state, a fidelity bond procured

41-30    by a licensed Texas surplus lines agent resident in this state in

 42-1    compliance with Article 1.14-2, Insurance Code, satisfies the

 42-2    requirements of this section.

 42-3          (f)  Instead of a bond, the management contractor may deposit

 42-4    with the comptroller [State Treasurer] cash or securities

 42-5    acceptable to the commissioner [State Board of Insurance].  Such a

 42-6    deposit must be maintained in the amount and subject to the same

 42-7    conditions as required for a bond under this section.

 42-8          SECTION 15.  The Texas Health Maintenance Organization Act

 42-9    (Article 20A.01 et seq., Vernon's Texas Insurance Code), is amended

42-10    by adding Section 18A to read as follows:

42-11          Sec. 18A.  PHYSICIAN AND PROVIDER CONTRACTS.  (a)  A health

42-12    maintenance organization shall, on request, make available and

42-13    disclose to physicians and providers written application procedures

42-14    and qualification requirements for contracting with the health

42-15    maintenance organization.  Each physician and provider who

42-16    initially applies to contract with a health maintenance

42-17    organization  for the provision of health care services on behalf

42-18    of the health maintenance organization  and who is denied a

42-19    contract with the health maintenance organization  must be provided

42-20    written notice of the reasons the initial application was denied.

42-21    Unless otherwise limited by Article 21.52B, Insurance Code, this

42-22    subsection does not prohibit a health maintenance organization plan

42-23    from rejecting an application from a physician or provider based on

42-24    the determination that the plan has sufficient qualified physicians

42-25    or providers.

42-26          (b)  Before terminating a contract with a physician or

42-27    provider, the health maintenance organization shall provide a

42-28    written explanation to the physician or provider of the reasons for

42-29    termination.  On request and before the effective date of the

42-30    termination, a physician or provider shall be entitled to a review

 43-1    of the health maintenance organization's proposed termination by an

 43-2    advisory review panel, except in cases in which there is imminent

 43-3    harm to patient health or an action by a state medical or dental or

 43-4    other medical or dental licensing board, or other licensing board

 43-5    or other government agency, that effectively impairs the

 43-6    physician's or provider's ability to practice medicine, dentistry,

 43-7    or other profession, or in cases of fraud or malfeasance.  The

 43-8    advisory review panel shall be composed of physicians and

 43-9    providers, including at least one representative in the physician's

43-10    or provider's specialty or a similar specialty, if available,

43-11    appointed to serve on the standing quality assurance committee or

43-12    utilization review committee of the health maintenance

43-13    organization.  The decision of the advisory review panel must be

43-14    considered but is not binding on the health maintenance

43-15    organization.  The health maintenance organization shall provide to

43-16    the affected physician or provider, on request, a copy of the

43-17    recommendation of the advisory review panel and the health

43-18    maintenance organization's determination.

43-19          (c)  Each contract between a health maintenance organization

43-20    and a physician or provider of health care services must provide

43-21    that reasonable advance notice be given to an enrollee of the

43-22    impending termination from the plan of a physician or provider who

43-23    is currently treating the enrollee.  Each contract must also

43-24    provide that the termination of the physician or provider contract,

43-25    except for reason of medical competence or professional behavior,

43-26    does not release the health maintenance organization from the

43-27    obligation to reimburse the physician or provider who is treating

43-28    an enrollee of special circumstance, such as a person who has a

43-29    disability, acute condition, or life-threatening illness or is past

43-30    the twenty-fourth week of pregnancy, at no less than the contract

 44-1    rate for that enrollee's care in exchange for continuity of ongoing

 44-2    treatment of an enrollee then receiving medically necessary

 44-3    treatment in accordance with the dictates of medical prudence.  For

 44-4    purposes of this subsection, "special circumstance" means a

 44-5    condition such that the treating physician or provider reasonably

 44-6    believes that discontinuing care by the treating physician or

 44-7    provider could cause harm to the patient.  The special circumstance

 44-8    shall be identified by the treating physician or provider, who must

 44-9    request that the enrollee be permitted to continue treatment under

44-10    the physician's or provider's care and agree not to seek payment

44-11    from the patient of any amounts for which the enrollee would not be

44-12    responsible if the physician or provider were still on the health

44-13    maintenance organization network.  Contracts between a health

44-14    maintenance organization and physicians or providers shall provide

44-15    procedures for resolving disputes regarding the necessity for

44-16    continued treatment by a physician or provider.  This section does

44-17    not extend the obligation of the health maintenance organization to

44-18    reimburse the terminated physician or provider for ongoing

44-19    treatment of an enrollee beyond the 90th day after the effective

44-20    date of the termination.

44-21          (d)  A physician or provider who is terminated or deselected

44-22    shall be entitled to an expedited review process by the health

44-23    maintenance organization on request by the physician or provider.

44-24    If the physician or provider is deselected for reasons other than

44-25    at the physician's or provider's request, the health maintenance

44-26    organization may not notify patients of the physician's or

44-27    provider's deselection until the effective date of the termination

44-28    or the time a review panel makes a formal recommendation, whichever

44-29    is later.  If a physician or provider is deselected for reasons

44-30    related to imminent harm, the health maintenance organization may

 45-1    notify patients immediately.

 45-2          (e)  The following applies to any health maintenance

 45-3    organization that to any extent uses capitation as a method of

 45-4    compensation:

 45-5                (1)  The health maintenance organization shall begin

 45-6    payment of capitated amounts to the enrollee's primary care

 45-7    physician or primary care provider, calculated from the date of

 45-8    enrollment, no later than the 90th day following the date an

 45-9    enrollee has selected or has been assigned a primary care physician

45-10    or primary care provider.  If selection or assignment does not

45-11    occur at the time of enrollment, capitation which would otherwise

45-12    have been paid to a selected primary care physician or primary care

45-13    provider had a selection been made shall be reserved as a

45-14    capitation payable until such time as an enrollee makes a selection

45-15    or the plan assigns a primary care physician or primary care

45-16    provider.

45-17                (2)  If an enrollee does not select a primary care

45-18    physician or primary care provider at the time of application or

45-19    enrollment, a health maintenance organization may assign an

45-20    enrollee to a primary care physician or primary care provider.  If

45-21    a health maintenance organization elects to assign an enrollee to a

45-22    primary care physician or primary care provider, the assignment

45-23    shall be made to a primary care physician or primary care provider

45-24    located within the zip code nearest the enrollee's residence or

45-25    place of employment and, to the extent practicable given the zip

45-26    code limitation, shall be done in a manner that results in a fair

45-27    and equal distribution of enrollees among the plan's primary care

45-28    physicians or primary care providers.  An enrollee shall have the

45-29    right at any time to reject the physician or provider assigned and

45-30    to select another physician or provider from the list of primary

 46-1    care physicians or primary care providers for the health

 46-2    maintenance organization network.  An election by an enrollee to

 46-3    reject an assigned physician or provider shall not be counted as a

 46-4    change in providers for purposes of the limitation described in

 46-5    Section 11(a) of this Act.

 46-6                (3)  A health maintenance organization shall notify a

 46-7    physician or provider of the selection of the physician or provider

 46-8    as a primary care physician or primary care provider by an enrollee

 46-9    within five working days of the selection or assignment of an

46-10    enrollee to that physician or provider by the health maintenance

46-11    organization.

46-12                (4)  As an alternative to the provisions of

46-13    Subdivisions (1), (2), and (3) of this subsection, a health

46-14    maintenance organization may seek approval from the Texas

46-15    Department of Insurance of a different capitation payment scheme

46-16    that assures:

46-17                      (A)  immediate availability and accessibility of

46-18    a primary care physician or primary care provider; and

46-19                      (B)  payment to the primary care physician or

46-20    primary care provider of a capitation amount certified by a

46-21    qualified actuary to be actuarially sufficient to compensate the

46-22    primary care physician or primary care provider for the risk being

46-23    assumed.

46-24          (f)  A contract between a health maintenance organization and

46-25    a physician or provider may not contain any clause purporting to

46-26    indemnify the health maintenance organization for any tort

46-27    liability resulting from acts or omissions of the health

46-28    maintenance organization.

46-29          (g)  All contracts or other agreements between a health

46-30    maintenance organization and a physician or provider shall specify

 47-1    that the provider will hold an enrollee harmless for payment of the

 47-2    cost of covered health care services in the event the health

 47-3    maintenance organization fails to pay the provider for health care

 47-4    services.

 47-5          (h)  A health maintenance organization that conducts or uses

 47-6    economic profiling of physicians or providers within the health

 47-7    maintenance organization shall make available to a network

 47-8    physician or provider on request the economic profile of that

 47-9    physician or provider, including the standards by which the

47-10    physician or provider is measured.  The use of an economic profile

47-11    must recognize the characteristics of a physician's or provider's

47-12    practice that may account for variations from expected costs.

47-13          (i)(1)  A contract between a health maintenance organization

47-14    and a physician or provider may not, directly or indirectly,

47-15    prohibit or attempt to prohibit:

47-16                      (A)  the physician or provider with whom the

47-17    health maintenance organization  has contracted or proposes to

47-18    contract from contracting with other health maintenance

47-19    organizations, insurers, or other health care benefit plans; or

47-20                      (B)  the health maintenance organization with

47-21    which the physician or provider has contracted or proposes to

47-22    contract from contracting with other physicians or providers.

47-23                (2)  This section shall not apply to contracts between

47-24    physicians or providers and a group model health maintenance

47-25    organization as defined in Section 6A of this Act.

47-26          SECTION 16.  Section 19, Texas Health Maintenance

47-27    Organization Act (Article 20A.19, Vernon's Texas Insurance Code),

47-28    is amended to read as follows:

47-29          Sec. 19.  HAZARDOUS FINANCIAL CONDITION.  (a)  Whenever the

47-30    financial condition of any health maintenance organization

 48-1    indicates a condition such that the continued operation of the

 48-2    health maintenance organization might be hazardous to its

 48-3    enrollees, creditors, or the general public, then the commissioner

 48-4    [of insurance] may, after notice and opportunity for hearing, order

 48-5    the health maintenance organization to take such action as may be

 48-6    reasonably necessary to rectify the existing condition, including

 48-7    but not necessarily limited to one or more of the following steps:

 48-8                (1)  to reduce the total amount of present and

 48-9    potential liability for benefits by reinsurance;

48-10                (2)  to reduce the volume of new business being

48-11    accepted;

48-12                (3)  to reduce expenses by specified methods;

48-13                (4)  to suspend or limit the writing of new business

48-14    for a period of time;

48-15                (5)  to increase the health maintenance organization's

48-16    capital and surplus by contribution; or

48-17                (6)  to suspend or revoke the certificate of authority.

48-18          (b)  The commissioner [State Board of Insurance] is

48-19    authorized, by rules and regulations, to fix uniform standards and

48-20    criteria for early warning that the continued operation of any

48-21    health maintenance organization might be hazardous to its

48-22    enrollees, creditors, or the general public, and to fix standards

48-23    for evaluating the financial condition of any health maintenance

48-24    organization, which standards shall be consistent with the purposes

48-25    expressed in Subsection (a) of this section.

48-26          SECTION 17.  Subsection (a), Section 20, Texas Health

48-27    Maintenance Organization Act (Article 20A.20, Vernon's Texas

48-28    Insurance Code), is amended to read as follows:

48-29          (a)  The commissioner may after notice and opportunity for

48-30    hearing (i) suspend or revoke any certificate of authority issued

 49-1    to a health maintenance organization under this Act; (ii) impose

 49-2    sanctions under Section 7, Article 1.10, Insurance Code;

 49-3    (iii) impose administrative penalties under Article 1.10E,

 49-4    Insurance Code; or (iv)  issue a cease and desist order under

 49-5    Article 1.10A, Insurance Code, if the commissioner finds that any

 49-6    of the following conditions exist:

 49-7                (1)  The health maintenance organization is operating

 49-8    significantly in contravention of its basic organizational

 49-9    documents, or its health care plan, or in a manner contrary to that

49-10    described in and reasonably inferred from any other information

49-11    submitted under Section 4 of this Act.

49-12                (2)  The health maintenance organization issues

49-13    evidence of coverage or uses a schedule of charges for health care

49-14    services which does not comply with the requirements of Section 9

49-15    of this Act.

49-16                (3)  The health care plan does not provide or arrange

49-17    for basic health care services or the single health care service

49-18    plan does not provide or arrange for a single health care service.

49-19                (4)  The [board certifies to the commissioner that:]

49-20                [(A)  the] health maintenance organization does not

49-21    meet the requirements of Section 5(a)(1) [5(a)(2)] of this Act.[;

49-22    or]

49-23                (5)  The [(B)  the] health maintenance organization is

49-24    unable to fulfill its obligation to furnish health care services as

49-25    required under its health care plan or to furnish a single health

49-26    care service as required under its single health care service plan.

49-27                (6) [(5)]  The health maintenance organization is no

49-28    longer financially responsible and may be reasonably expected to be

49-29    unable to meet its obligations to enrollees or prospective

49-30    enrollees.

 50-1                (7) [(6)]  The health maintenance organization has

 50-2    failed to implement the complaint system required by Section 12 of

 50-3    this Act in a manner to resolve reasonably valid complaints.

 50-4                (8) [(7)]  The health maintenance organization, or any

 50-5    person on its behalf, has advertised or merchandised its services

 50-6    in an untrue, misrepresentative, misleading, deceptive, or unfair

 50-7    manner.

 50-8                (9) [(8)]  The continued operation of the health

 50-9    maintenance organization would be hazardous to its enrollees.

50-10                (10) [(9)]  The health maintenance organization has

50-11    otherwise failed to comply substantially with this Act, and any

50-12    rule and regulation thereunder.

50-13                (11)  The health maintenance organization has failed to

50-14    carry out corrective action the commissioner considers necessary to

50-15    correct a failure to comply with this Act, any applicable provision

50-16    of the Insurance Code, or any applicable rule or order of the

50-17    commissioner within 30 days after the date of notice of a

50-18    deficiency or within any longer period of time that the

50-19    commissioner determines to be reasonable and specifies in the

50-20    notice.

50-21          SECTION 18.  Section 22, Texas Health Maintenance

50-22    Organization Act (Article 20A.22, Vernon's Texas Insurance Code),

50-23    is amended to read as follows:

50-24          Sec. 22.  RULES AND REGULATIONS.  (a)  The commissioner

50-25    [State Board of Insurance] may promulgate such reasonable rules and

50-26    regulations as are necessary and proper to carry out the provisions

50-27    of this Act.

50-28          (b)  The commissioner [State Board of Insurance] is

50-29    specifically authorized to promulgate rules to prescribe

50-30    [prescribing] authorized investments for health maintenance

 51-1    organizations for all investments for which provision is not

 51-2    otherwise made in this Act; to ensure that enrollees have adequate

 51-3    access to health care services; and to establish minimum

 51-4    physician/patient ratios, mileage requirements for primary and

 51-5    specialty care, maximum travel time, and maximum waiting times for

 51-6    obtaining appointments.  The rulemaking authority provided by this

 51-7    subsection does not limit in any manner the rulemaking authority

 51-8    granted to the commissioner [State Board of Insurance] under

 51-9    Subsection (a) of this section.

51-10          (c)  The commissioner may promulgate such reasonable rules

51-11    and regulations as are necessary and proper to meet the

51-12    requirements of federal law and regulations.

51-13          SECTION 19.  Section 23, Texas Health Maintenance

51-14    Organization Act (Article 20A.23, Vernon's Texas Insurance Code),

51-15    is amended to read as follows:

51-16          Sec. 23.  APPEALS.  (a)  Any person who is affected by any

51-17    rule, ruling, or decision of the Texas Department of Insurance or

51-18    the commissioner [or board] shall have the right to have such rule,

51-19    ruling, or decision reviewed by the commissioner [State Board of

51-20    Insurance] by making an application to the commissioner [State

51-21    Board of Insurance].  Such application shall state the identities

51-22    of the person, the rule, ruling, or decision complained of, the

51-23    interest of the person in such rule, ruling, or decision, the

51-24    grounds of such objection, the action sought of the commissioner

51-25    [State Board of Insurance], and the reasons and grounds for such

51-26    action by the commissioner [State Board of Insurance].  The

51-27    original shall be filed with the chief clerk of the Texas

51-28    Department [State Board] of Insurance together with a certification

51-29    that a true and correct copy of such application has been filed

51-30    with the commissioner.  Within 30 days after the application is

 52-1    filed, and after 10 days' written notice to all parties of record,

 52-2    the commissioner [State Board of Insurance] shall review the action

 52-3    complained of in a public hearing and render its decision at the

 52-4    earliest possible date thereafter.  The commissioner [State Board

 52-5    of Insurance] shall make such other rules and regulations with

 52-6    respect to such applications and their consideration as it

 52-7    considers to be advisable, not inconsistent with this Act.  Said

 52-8    application shall have precedence over all other business of a

 52-9    different nature pending before said commissioner [State Board of

52-10    Insurance].

52-11          (b)  In the public hearing, any and all evidence and matters

52-12    pertinent to the appeal may be submitted to the commissioner [State

52-13    Board of Insurance] whether included in the application or not.

52-14          (c)  If any person who is affected by any rule, ruling, or

52-15    decision of the commissioner [State Board of Insurance] be

52-16    dissatisfied with any rule, ruling, or decision adopted by the

52-17    commissioner, [board, or State Board of Insurance,] that person,

52-18    after failing to get relief from the commissioner [State Board of

52-19    Insurance], may file a petition seeking review of the rule, ruling,

52-20    or decision and setting forth the particular objection to such

52-21    rule, ruling, or decision, or either or all of them, in a district

52-22    court of Travis County, Texas, and not elsewhere, against the

52-23    commissioner [State Board of Insurance] as defendant.  The action

52-24    shall have precedence over all other causes on the docket of a

52-25    different nature.  The proceedings on appeal shall be tried and

52-26    determined as provided by Article 1.04, Insurance Code.  Either

52-27    party to the action may appeal to the apellate court having

52-28    jurisdiction of the cause and the appeal shall at once be

52-29    returnable to the apellate court having jurisdiction of the cause

52-30    and the action so appealed shall have precedence in the appellate

 53-1    court over all causes of a different character therein pending.

 53-2    The commissioner [State Board of Insurance] is not required to give

 53-3    any appeal bond in any cause arising hereunder.

 53-4          SECTION 20.  Subdivision (4), Subsection (f), Section 26,

 53-5    Texas Health Maintenance Organization Act (Article 20A.26, Vernon's

 53-6    Texas Insurance Code), is amended to read as follows:

 53-7                (4)  Except for Articles 21.07-6 and 21.58A, Insurance

 53-8    Code, the insurance laws, including the group hospital service

 53-9    corporation law, do not apply to physicians and providers; however,

53-10    [provided that Article 21.58A shall not apply to utilization review

53-11    undertaken by] a physician or provider who conducts utilization

53-12    review during [in] the ordinary course of treatment of patients [by

53-13    a physician or provider] pursuant to a joint or delegated review

53-14    agreement or agreements with a health maintenance organization on

53-15    services rendered by the physician or provider shall not be

53-16    required to obtain certification under Section 3, Article 21.58A,

53-17    Insurance Code.

53-18          SECTION 21.  Section 28, Texas Health Maintenance

53-19    Organization Act (Article 20A.28, Vernon's Texas Insurance Code),

53-20    is amended to read as follows:

53-21          Sec. 28.  AUTHORITY TO CONTRACT.  The commissioner [or

53-22    board], in carrying out the commissioner's [their] obligations

53-23    under this Act, may contract with other state agencies or[, after

53-24    notice and hearing,] with other qualified persons to make

53-25    recommendations concerning the determinations to be made by the

53-26    commissioner [or board].

53-27          SECTION 22.  Section 32, Texas Health Maintenance

53-28    Organization Act (Article 20A.32, Vernon's Texas Insurance Code),

53-29    is amended to read as follows:

53-30          Sec. 32.  FEES.  (a)(1)  Every organization subject to this

 54-1    chapter shall pay to the commissioner the following fees:

 54-2                      (A)  for filing and review of its original

 54-3    application for a certificate of authority, a fee in an amount not

 54-4    to exceed $18,000 [$15,000] as determined by the commissioner

 54-5    [State Board of Insurance];

 54-6                      (B)  for filing each annual report pursuant to

 54-7    Section 10 of this Act, a fee in an amount not to exceed $500 as

 54-8    determined by the commissioner [State Board of Insurance];

 54-9                      (C)  the expenses of all examinations of health

54-10    maintenance organizations made on behalf of the State of Texas by

54-11    the commissioner [State Board of Insurance] or under the

54-12    commissioner's [its] authority in such amounts as the commissioner

54-13    shall certify to be just and reasonable;

54-14                      (D)  the expenses of an examination under Section

54-15    17(a) of this Act incurred by the commissioner or under the

54-16    commissioner's authority, provided that:

54-17                            (i)  examination expenses are the expenses

54-18    attributable directly to a specific examination including the

54-19    actual salaries and expenses of the examiners directly attributable

54-20    to that examination as determined under rules adopted by the

54-21    commissioner; and

54-22                            (ii)  the expenses shall be assessed by the

54-23    commissioner and paid in accordance with rules adopted by the

54-24    commissioner;

54-25                      (E)  the licensing, appointment, and examination

54-26    fees pursuant to Section 15 of this[, Texas Health Maintenance

54-27    Organization] Act [(Article 20A.15, Vernon's Texas Insurance

54-28    Code)];

54-29                      (F) [(E)]  for filing an evidence of coverage

54-30    which requires approval, a fee not to exceed $200 as determined by

 55-1    the commissioner [State Board of Insurance]; and

 55-2                      (G) [(F)]  for filings required by rule but which

 55-3    do not require approval, a fee not to exceed $100 as determined by

 55-4    the commissioner [State Board of Insurance].

 55-5                (2)  The commissioner [State Board of Insurance] shall,

 55-6    within the limits fixed by this subsection, prescribe the fees to

 55-7    be charged under this subsection.

 55-8                (3)  Fees collected under this subsection must be

 55-9    deposited in the State Treasury to the credit of the Texas

55-10    Department [State Board] of Insurance operating fund.

55-11                (4)  Notwithstanding Subdivision (1) of this

55-12    subsection, the comptroller shall collect the annual report filing

55-13    fee prescribed by Subdivision (1)(B) of this subsection.

55-14          (b)  Except as provided by Subsection (c) of this section,

55-15    the amount paid by a health maintenance organization in each

55-16    taxable year under Subdivision (1)(D) of Subsection (a) of this

55-17    section shall be allowed as a credit on the amount of premium taxes

55-18    to be paid by the health maintenance organization for that taxable

55-19    year.

55-20          (c)[(1)  Every organization subject to this chapter shall pay

55-21    to the board the following fees:]

55-22                      [(A)  for review of its original application for

55-23    a certificate of authority, a fee in an amount not to exceed $3,000

55-24    as determined by the board and paid pursuant to rules adopted by

55-25    the board; and]

55-26                      [(B)  the expenses of an examination under

55-27    Section 17(b) of this Act incurred by the board or under its

55-28    authority.]

55-29                [(2)  Examination expenses are the expenses

55-30    attributable directly to a specific examination including the

 56-1    actual salaries and expenses of the examiners plus the cost of

 56-2    administrative departmental expenses directly attributable to that

 56-3    examination as determined under rules adopted by the board.  The

 56-4    expenses shall be assessed by the board and paid in accordance with

 56-5    rules adopted by the board.]

 56-6                [(3)  Except as provided by Subdivision (4) of this

 56-7    subsection, the amount paid by a health maintenance organization in

 56-8    each taxable year under Subdivision (1)(B) of this subsection shall

 56-9    be allowed as a credit on the amount of premium taxes to be paid by

56-10    the health maintenance organization for that taxable year.]

56-11                [(4)]  The amount directly attributable to an

56-12    examination of the books, records, accounts, or principal offices

56-13    of a health maintenance organization located outside this state may

56-14    not be allowed as a credit against the amount of premium taxes to

56-15    be paid by the health maintenance organization.

56-16                [(5)  The funds received by the board shall be

56-17    deposited in the state treasury to the credit of the Texas

56-18    Department of Health health maintenance organization fund, and

56-19    those funds shall be appropriated to the Texas Department of Health

56-20    to carry out the statutory duties of the board under this chapter.]

56-21          SECTION 23.  Subsections (a), (b), (c), (e), and (g), Section

56-22    36, Texas Health Maintenance Organization Act (Article 20A.36,

56-23    Vernon's Texas Insurance Code), are amended to read as follows:

56-24          (a)  The Health Maintenance Organization Solvency

56-25    Surveillance Committee is created under the direction of the

56-26    commissioner.  The committee shall perform its functions under a

56-27    plan of operation approved by the commissioner [State Board of

56-28    Insurance].  The committee is composed of nine members appointed by

56-29    the commissioner [of insurance].  No two members may be employees

56-30    or officers of the same health maintenance organization or holding

 57-1    company system.  The qualifications for membership, terms of

 57-2    office, and reimbursement of expenses shall be as provided by the

 57-3    plan of operation approved by the commissioner [State Board of

 57-4    Insurance].  A "member" is a Texas licensed health maintenance

 57-5    organization as defined in Section 2(n) [2(j)] of this Act or a

 57-6    public representative.  The commissioner of insurance shall appoint

 57-7    the member along with the officer or employee of the member who

 57-8    shall serve on the committee if the member is a representative of a

 57-9    Texas licensed health maintenance organization or its holding

57-10    company system.  Five of the members shall represent health

57-11    maintenance organizations or their holding company system.  Of the

57-12    health maintenance organization members, one shall be a single

57-13    health care service plan as defined in Section 2(w) [2(s)] of this

57-14    Act.  The remaining health maintenance organization members shall

57-15    be selected by the commissioner [of insurance] with due

57-16    consideration of factors deemed appropriate including, but not

57-17    limited to, the varying categories of premium income and

57-18    geographical location.

57-19          A public representative may not be:

57-20                (1)  an officer, director, or employee of a health

57-21    maintenance organization, a health maintenance organization agent,

57-22    or any other business entity regulated by the commissioner [State

57-23    Board of Insurance];

57-24                (2)  a person required to register with the Texas

57-25    Ethics Commission [secretary of state] under Chapter 305,

57-26    Government Code; or

57-27                (3)  related to a person described by Subdivision (1)

57-28    or (2) of this subsection within the second degree of affinity or

57-29    consanguinity.

57-30          (b)(1)  The committee shall assist and advise the

 58-1    commissioner relating to the detection and prevention of insolvency

 58-2    problems regarding health maintenance organizations.  The committee

 58-3    shall also assist and advise the commissioner regarding any health

 58-4    maintenance organization placed in rehabilitation, liquidation,

 58-5    supervision, or conservation.  The method of providing this

 58-6    assistance and advice shall be as contained in the plan of

 58-7    operation approved by the commissioner [State Board of Insurance].

 58-8                (2)  Reports regarding the financial condition of Texas

 58-9    licensed health maintenance organizations and regarding the

58-10    financial condition, administration, and status of health

58-11    maintenance organizations in rehabilitation, liquidation,

58-12    supervision, or conservation shall be provided to the committee

58-13    members at meetings.  Committee members shall not reveal the

58-14    condition of nor any information secured in the course of any

58-15    meeting of the Solvency Surveillance Committee with regard to any

58-16    corporation, form or person examined by the committee.  Committee

58-17    proceedings shall be filed with the commissioner [and reported to

58-18    the members of the State Board of Insurance].

58-19          (c)  To provide funds for the administrative expenses of the

58-20    commissioner [State Board of Insurance] regarding rehabilitation,

58-21    liquidation, supervision, or conservation of an impaired health

58-22    maintenance organization in this state, the committee, at the

58-23    commissioner's direction, shall assess each health maintenance

58-24    organization licensed in this state in the proportion that the

58-25    gross premiums of that health maintenance organization written in

58-26    this state during the preceding calendar year bear to the aggregate

58-27    gross premiums written in this state by all health maintenance

58-28    organizations, as furnished to the committee by the commissioner

58-29    after review of annual statements and other reports the

58-30    commissioner considers necessary.  Assessments to supplement or pay

 59-1    for administrative expenses of rehabilitation, liquidation,

 59-2    supervision, or conservation may be made only after the

 59-3    commissioner determines that adequate assets of the health

 59-4    maintenance organization are not immediately available for those

 59-5    purposes or that use of those assets could be detrimental to

 59-6    rehabilitation, liquidation, supervision, or conservation.  The

 59-7    commissioner may abate or defer the assessments, either in whole or

 59-8    in part, if, in the opinion of the commissioner, payment of the

 59-9    assessment would endanger the ability of a health maintenance

59-10    organization to fulfill its contractual obligations.  If an

59-11    assessment is abated or deferred, either in whole or in part, the

59-12    amount by which the assessment is abated or deferred may be

59-13    assessed against the remaining licensed health maintenance

59-14    organizations in a manner consistent with the basis for assessments

59-15    provided by the plan of operation approved by the commissioner

59-16    [State Board of Insurance].  The total of all assessments on a

59-17    health maintenance organization may not exceed one-quarter of one

59-18    percent of the health maintenance organization's gross premiums in

59-19    any one calendar year.

59-20          (e)  Not later than the 180th day after the date on which the

59-21    final member of the committee is appointed, the committee shall

59-22    submit to the commissioner [State Board of Insurance] a plan of

59-23    operation.  The plan of operation takes effect on approval in

59-24    writing by the commissioner [State Board of Insurance].  If the

59-25    committee fails to submit a suitable plan of operation within the

59-26    period set by this subsection, or if, after the adoption of a plan,

59-27    the committee fails to submit suitable amendments to the plan, the

59-28    commissioner [State Board of Insurance] may, after notice and

59-29    hearing, adopt rules as necessary to implement this Act.  Those

59-30    rules continue in effect until modified by the commissioner [State

 60-1    Board of Insurance] or superseded by a plan submitted by the

 60-2    committee and approved by the commissioner [State Board of

 60-3    Insurance].

 60-4          (g)  A licensed health maintenance organization or its agents

 60-5    or employees, the committee or its agents, employees, or members,

 60-6    or the [State Board of Insurance, the] commissioner[,] or the

 60-7    commissioner's [their] representatives are not liable in a civil

 60-8    action for any act taken or not taken in good faith in the

 60-9    performance of powers and duties under this section.

60-10          SECTION 24.  The Texas Health Maintenance Organization Act

60-11    (Article 20A.01 et seq., Vernon's Texas Insurance Code), is amended

60-12    by adding Section 37 to read as follows:

60-13          Sec. 37.  HEALTH MAINTENANCE ORGANIZATION QUALITY ASSURANCE.

60-14    (a)  A health maintenance organization shall establish procedures

60-15    to assure that the health care services provided to enrollees shall

60-16    be rendered under reasonable standards of quality of care

60-17    consistent with prevailing professionally recognized standards of

60-18    medical practice.  Such procedures shall include mechanisms to

60-19    assure availability, accessibility, quality, and continuity of

60-20    care.

60-21          (b)  A health maintenance organization shall have an ongoing

60-22    internal quality assurance program to monitor and evaluate its

60-23    health care services, including primary and specialist physician

60-24    services, and ancillary and preventive health care services, in all

60-25    institutional and noninstitutional contexts.  The commissioner by

60-26    rule may establish minimum standards and requirements for ongoing

60-27    internal quality assurance programs for health maintenance

60-28    organizations, including but not limited to standards for assuring

60-29    availability, accessibility, quality, and continuity of care.

60-30          (c)  A health maintenance organization shall record formal

 61-1    proceedings of quality assurance program activities and maintain

 61-2    documentation in a confidential manner.  Quality assurance program

 61-3    minutes shall be available to the commissioner.

 61-4          (d)  A health maintenance organization shall establish and

 61-5    maintain a physician review panel to assist in reviewing medical

 61-6    guidelines or criteria and to assist in determining the

 61-7    prescription drugs to be covered by the health maintenance

 61-8    organization, if the health maintenance organization offers a

 61-9    prescription drug benefit.

61-10          (e)  A health maintenance organization shall ensure the use

61-11    and maintenance of an adequate patient record system that will

61-12    facilitate documentation and retrieval of clinical information for

61-13    the purpose of the health maintenance organization's evaluation of

61-14    continuity and coordination of patient care and assessment of the

61-15    quality of health and medical care provided to enrollees.

61-16          (f)  Enrollees' clinical records shall be available to the

61-17    commissioner for examination and review to determine compliance.

61-18    Such records shall be confidential and not subject to the open

61-19    records law, Chapter 552, Government Code.

61-20          (g)  A health maintenance organization shall establish a

61-21    mechanism for the periodic reporting of quality assurance program

61-22    activities to the governing body, providers, and appropriate

61-23    organization staff.

61-24          SECTION 25.  This Act takes effect September 1, 1997.

61-25          SECTION 26.  The importance of this legislation and the

61-26    crowded condition of the calendars in both houses create an

61-27    emergency and an imperative public necessity that the

61-28    constitutional rule requiring bills to be read on three several

61-29    days in each house be suspended, and this rule is hereby suspended.