By: Berlanga                                          H.B. No. 3269

         Line and page numbers may not match official copy.

         Bill not drafted by TLC or Senate E&E.

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the provision of medically necessary services by a

 1-3     Health Maintenance Organization using non-network physicians.

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

 1-5           SECTION 1.  Section 9(a), Texas Health Maintenance

 1-6     Organization Act (Article 20A.09(a), Vernon's Texas Insurance

 1-7     Code), as amended by Chapters 1091 and 1096, Acts of the 70th

 1-8     Legislature, Regular Session, 1987, is amended to read as follows:

 1-9           Sec. 9.  Evidence of Coverage and Charges.  (a)(1)  Every

1-10     enrollee residing in this state is entitled to evidence of coverage

1-11     under a health care plan.  If the enrollee obtains coverage under a

1-12     health care plan through an insurance policy or a contract issued

1-13     by a group hospital service corporation, whether by option or

1-14     otherwise, the insurer or the group hospital service corporation

1-15     shall issue the evidence of coverage.  Otherwise, the health

1-16     maintenance organization shall issue the evidence of coverage.

1-17                 (2)  No evidence of coverage, or amendment thereto,

1-18     shall be issued or delivered to any person in this state until a

1-19     copy of the form of evidence of coverage, or amendment thereto, has

1-20     been filed with and approved by the commissioner.

1-21                 (3)  An evidence of coverage shall contain:

1-22                       (A)  no provisions or statements which are

 2-1     unjust, unfair, inequitable, misleading, deceptive, which encourage

 2-2     misrepresentation, or which are untrue, misleading, or deceptive as

 2-3     defined in Section 14 of this Act; [and]

 2-4                       (B)  a clear and complete statement, if a

 2-5     contract, or a reasonably complete facsimile, if a certificate, of:

 2-6                             (i)  the medical, health care services, or

 2-7     single health care service and the issuance of other benefits, if

 2-8     any, to which the enrollee is entitled under the health care plan

 2-9     or single health care service plan;

2-10                             (ii)  any limitation on the services, kinds

2-11     of services, benefits, or kinds of benefits to be provided,

2-12     including any deductible or co-payment feature;

2-13                             (iii)  where and in what manner information

2-14     is available as to how services may be obtained; and

2-15                             (iv)  a clear and understandable

2-16     description of the health maintenance organization's methods for

2-17     resolving enrollee complaints.  Any subsequent changes may be

2-18     evidenced in a separate document issued to the enrollee;

2-19                       (C)  a provision that, if medically necessary

2-20     covered services are not available through network physicians or

2-21     providers, the health maintenance organization must, on the request

2-22     of a network physician or provider, within a reasonable time period

2-23     allow referral to a nonnetwork physician or provider and shall

2-24     fully reimburse the nonnetwork physician or provider at the usual

2-25     and customary or an agreed rate; each contract must further provide

2-26     for a review by a specialist of the same, or a similar, specialty

2-27     as the type of physician or provider to whom a referral is

 3-1     requested before the health maintenance organization may deny a

 3-2     referral;

 3-3                       (D)  a provision to allow enrollees with chronic,

 3-4     disabling, or life-threatening illnesses to apply to the health

 3-5     maintenance organization's medical director to utilize a nonprimary

 3-6     care physician specialist as a primary care physician, provided

 3-7     that:

 3-8                             (i)  the request includes information

 3-9     specified by the health maintenance organization, including but not

3-10     limited to certification of medical need, and is signed by the

3-11     enrollee and the nonprimary care physician specialist interested in

3-12     serving as the primary care physician;

3-13                             (ii)  the nonprimary care physician

3-14     specialist meets the health maintenance organization's requirements

3-15     for primary care physician participation; and

3-16                             (iii)  the nonprimary care physician

3-17     specialist is willing to accept the coordination of all of the

3-18     enrollee's health care needs;

3-19                       (E)  a provision that if the request for special

3-20     consideration specified in Paragraph D of this subdivision is

3-21     denied, an enrollee may appeal the decision through the health

3-22     maintenance organization's established complaint and appeals

3-23     process; and

3-24                       (F)  a provision that the effective date of the

3-25     new designation of a nonprimary care physician specialist as set

3-26     out in Paragraph D of this subdivision shall not be retroactive;

3-27     the health maintenance organization may not reduce the amount of

 4-1     compensation owed to the original primary care physician beyond the

 4-2     date of the new designation.

 4-3                 (4)  Any form of the evidence of coverage or group

 4-4     contract to be used in this state, and any amendments thereto, are

 4-5     subject to the filing and approval requirements of Subsection (c)

 4-6     of this section, unless it is subject to the jurisdiction of the

 4-7     commissioner under the laws governing health insurance or group

 4-8     hospital service corporations, in which event the filing and

 4-9     approval provisions of such law shall apply.  To the extent,

4-10     however, that such provisions do not apply to the requirements of

4-11     Subdivision (3), Subsection (a) of this section, the requirements

4-12     of subdivision (3) shall be applicable.

4-13           SUBSECTION 2.  The importance of this legislation and the

4-14     crowded condition of the calendars in both houses create an

4-15     emergency and an imperative public necessity that the

4-16     constitutional rule requiring bills to be read on three several

4-17     days in each house be suspended, and this rule is hereby suspended,

4-18     and that this Act take effect and be in force from and after its

4-19     passage, and it is so enacted.