By Averitt                                            H.B. No. 2795

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the composition and powers of the Texas Health Benefits

 1-3     Purchasing Cooperative; amending Chapter 26, Insurance Code; and

 1-4     declaring an emergency.

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

 1-6           SECTION 1.  Article 26.11(4), Insurance Code, is amended to

 1-7     read as follows:

 1-8                 (4)  "Texas cooperative" means the Texas Health

 1-9     Benefits Purchasing Cooperative, a nonprofit corporation,

1-10     established under Article 26.13 of this code.

1-11           SECTION 2.  Article 26.13(a), Insurance Code, is amended to

1-12     read as follows:

1-13           (a)  The Texas Health Benefits Purchasing Cooperative is a

1-14     nonprofit corporation [organization] established to make health

1-15     care coverage available to small employers and their eligible

1-16     employees and eligible employees' dependents.

1-17           SECTION 3.  Article 26.13(b), Insurance Code, is amended to

1-18     read as follows:

1-19           (b)  The Texas cooperative is administered by a six-member

1-20     board of trustees appointed by the governor with the advice and

1-21     consent of the senate.  Three members must represent employers, two

1-22     members must represent employees, and one member must represent the

1-23     public.  [The executive director of the Texas Department of

1-24     Commerce shall serve as a nonvoting ex officio member of the board

 2-1     of trustees.]

 2-2           SECTION 4.  Article 26.13(h), Insurance Code, is amended to

 2-3     read as follows:

 2-4           (h)  The Texas cooperative or a [A] member of the board of

 2-5     trustees, the executive director, or [and] an employee or agent of

 2-6     the Texas cooperative is [are] not liable for:

 2-7                 (1)  an act performed in good faith in the execution of

 2-8     duties in connection with the Texas cooperative; or

 2-9                 (2)  an independent action of a small employer

2-10     insurance carrier or a person who provides health care services

2-11     under a health benefit plan.

2-12           SECTION 5.  Article 26.15(a), Insurance Code, is amended to

2-13     read as follows:

2-14           (a)  A cooperative:

2-15                 (1)  shall arrange for small employer health benefit

2-16     plan coverage for small employer groups who participate in the

2-17     cooperative by contracting with small employer carriers who meet

2-18     the criteria established by Subsection (b) of this article;

2-19                 (2)  shall collect premiums to cover the cost of:

2-20                       (A)  small employer health benefit plan coverage

2-21     purchased through the cooperative; and

2-22                       (B)  the cooperative's administrative expenses;

2-23                 (3)  may contract with agents to market coverage issued

2-24     through the cooperative;

2-25                 (4)  shall establish administrative and accounting

2-26     procedures for the operation of the cooperative;

2-27                 (5)  shall establish procedures under which an

 3-1     applicant for or participant in coverage issued through the

 3-2     cooperative may have a grievance reviewed by an impartial person;

 3-3                 (6)  may contract with a small employer carrier or

 3-4     third-party administrator to provide administrative services to the

 3-5     cooperative;

 3-6                 (7)  shall contract with small employer carriers for

 3-7     the provision of services to small employers covered through the

 3-8     cooperative;

 3-9                 (8)  shall develop and implement a plan to maintain

3-10     public awareness of the cooperative and publicize the eligibility

3-11     requirements for, and the procedures for enrollment in coverage

3-12     through, the cooperative; [and]

3-13                 (9)  may negotiate the premiums paid by its members;

3-14     and

3-15                 (10)  may offer such other ancillary products and

3-16     services to its members as are customarily offered in conjunction

3-17     with health benefit plans.

3-18           SECTION 6.  Article 26.15(d), Insurance Code, is amended to

3-19     read as follows:

3-20           (d)  A cooperative shall comply with federal laws applicable

3-21     to cooperatives and health benefit plans issued through

3-22     cooperatives, to the extent required by state law or rules adopted

3-23     by the commissioner of insurance.  A cooperative shall comply with

3-24     state laws applicable to cooperatives and health benefit plans

3-25     issued through cooperatives.

3-26           SECTION 7.  Article 26.16, Insurance Code, is amended to read

3-27     as follows:

 4-1           Art. 26.16.  COOPERATIVE NOT INSURER.  (a)  A cooperative is

 4-2     not an insurer and the employees of the cooperative are not

 4-3     required to be licensed under Section 15 or 15A, Texas Health

 4-4     Maintenance Organization Act (Article 20A.15 or 20A.15A, Vernon's

 4-5     Texas Insurance Code), or Subchapter A, Chapter 21, of this code.

 4-6           (b)  A cooperative is considered an employer solely for the

 4-7     purposes of benefit elections under the code.

 4-8           (c)  An agent or third-party administrator used and

 4-9     compensated by the cooperative must be licensed as required by

4-10     Section 15 or 15A, Texas Health Maintenance Organization Act

4-11     (Article 20A.15 or 20A.15A, Vernon's Texas Insurance Code), or

4-12     Subchapter A, Chapter 21, of this code.

4-13           (d)  A licensed agent used and compensated by the cooperative

4-14     need not be appointed by each small employer carrier participating

4-15     in the cooperative in order to market the products and  services

4-16     sponsored by the cooperative.  However, a licensed agent may not

4-17     market any other non-sponsored product or service of a

4-18     participating small employer carrier without first being appointed

4-19     by the small employer carrier.

4-20           SECTION 8.  This Act takes effect September 1, 1997.

4-21           SECTION 9.  The importance of this legislation and the

4-22     crowded condition of the calendars in both houses create an

4-23     emergency and an imperative public necessity that the

4-24     constitutional rule requiring bills to be read on three several

4-25     days in each house be suspended, and this rule is hereby suspended.