By Shapiro                                       S.B. No. 147

      75R2496 SAW-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the definition of emergency care for health insurance

 1-3     policies and health benefit plans provided by health maintenance

 1-4     organizations.

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

 1-6           SECTION 1.  Section 2(I), Chapter 397, Acts of the 54th

 1-7     Legislature, 1955 (Article 3.70-2, Vernon's Texas Insurance Code),

 1-8     is amended to read as follows:

 1-9           (I)  An individual or group policy of accident and sickness

1-10     insurance that provides any emergency care benefit, including

1-11     policies issued by companies subject to Chapter 20, Insurance Code,

1-12     delivered or issued for delivery in this state must define

1-13     emergency care as follows:  "Emergency care" means health care

1-14     [bona fide emergency] services provided after the recent [sudden]

1-15     onset of a medical condition manifesting itself by acute symptoms

1-16     of sufficient severity, including severe pain, that would lead a

1-17     prudent layperson to reasonably expect [such] that the absence of

1-18     immediate medical attention could [reasonably be expected to]

1-19     result in[:]

1-20                 [(1)  placing the patient's health in serious jeopardy;]

1-21                 [(2)]  serious impairment to bodily functions,[; or]

1-22                 [(3)]  serious dysfunction of any bodily organ or part,

1-23     or placing the patient's health, or if the patient is a pregnant

1-24     woman, the unborn child's health, in serious jeopardy.  The term

 2-1     includes:

 2-2                 (1)  emergency services provided under Chapter 311,

 2-3     Health and Safety Code;

 2-4                 (2)  emergency medical services and care provided under

 2-5     Chapter 773, Health and Safety Code; and

 2-6                 (3)  health care services provided to a pregnant woman

 2-7     who is having contractions if:

 2-8                       (A)  there is inadequate time to transfer the

 2-9     woman to another medical facility safely before delivery; or

2-10                       (B)  transfer to another medical facility could

2-11     pose a threat to the health or safety of the patient or the unborn

2-12     child.

2-13           SECTION 2.  Section 2(t), Texas Health Maintenance

2-14     Organization Act (Article 20A.02, Vernon's Texas Insurance Code),

2-15     is amended to read as follows:

2-16           (t)  "Emergency care" means health care [bona fide emergency]

2-17     services provided after the recent [sudden] onset of a medical

2-18     condition manifesting itself by acute symptoms of sufficient

2-19     severity, including severe pain, that would lead a prudent

2-20     layperson to reasonably expect [such] that the absence of immediate

2-21     medical attention could [reasonably be expected to] result in [:]

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

2-23                 [(2)]  serious impairment to bodily functions,[; or]

2-24                 [(3)]  serious dysfunction of any bodily organ or part,

2-25     or placing the patient's health, or if the patient is a pregnant

2-26     woman, the unborn child's health, in serious jeopardy.  The term

2-27     includes:

 3-1                 (1)  emergency services provided under Chapter 311,

 3-2     Health and Safety Code;

 3-3                 (2)  emergency medical services and care provided under

 3-4     Chapter 773, Health and Safety Code; and

 3-5                 (3)  health care services provided to a pregnant woman

 3-6     who is having contractions if:

 3-7                       (A)  there is inadequate time to transfer the

 3-8     woman to another medical facility safely before delivery; or

 3-9                       (B)  transfer to another medical facility could

3-10     pose a threat to the health or safety of the patient or the unborn

3-11     child.

3-12           SECTION 3.  Section 2(7), Article 21.58A, Insurance Code, is

3-13     amended to read as follows:

3-14                 (7)  "Emergency care" means emergency care [bona fide

3-15     emergency services] as defined in Section 2(I), Chapter 397, Acts

3-16     of the 54th Legislature, 1955 (Article 3.70-2, Vernon's Texas

3-17     Insurance Code) and Section 2(t), Texas Health Maintenance

3-18     Organization Act (Article 20A.02, Vernon's Texas Insurance Code).

3-19           SECTION 4.  This Act takes effect September 1, 1997, and

3-20     applies only to an insurance policy or evidence of coverage that is

3-21     delivered, issued for delivery, or renewed on or after January 1,

3-22     1998.  A policy or evidence of coverage that is delivered, issued

3-23     for delivery, or renewed before January 1, 1998, is governed by the

3-24     law as it existed immediately before the effective date of this

3-25     Act, and that law is continued in effect for that purpose.

3-26           SECTION 5.  The importance of this legislation and the

3-27     crowded condition of the calendars in both houses create an

 4-1     emergency and an imperative public necessity that the

 4-2     constitutional rule requiring bills to be read on three several

 4-3     days in each house be suspended, and this rule is hereby suspended.