By Barrientos S.B. No. 153 75R3041 PB-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to minimum coverage under certain health benefit plans for 1-3 inpatient stays and postdelivery care following the birth of a 1-4 child. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter E, Chapter 21, Insurance Code, is 1-7 amended by adding Article 21.53D to read as follows: 1-8 Art. 21.53D. COVERAGE FOR MINIMUM INPATIENT STAY IN HEALTH 1-9 CARE FACILITY AND POSTDELIVERY CARE FOLLOWING BIRTH OF CHILD 1-10 Sec. 1. DEFINITIONS. In this article: 1-11 (1) "Attending physician" means an obstetrician, 1-12 pediatrician, or other physician who attends a woman who has given 1-13 birth or who attends the newborn child. 1-14 (2) "Health benefit plan" means a plan that provides 1-15 benefits for medical or surgical expenses incurred as a result of a 1-16 health condition, accident, or sickness and that is offered by any 1-17 insurance company, group hospital service corporation, fraternal 1-18 benefit society subject to Chapter 10 of this code, stipulated 1-19 premium company subject to Chapter 22 of this code, or health 1-20 maintenance organization that delivers or issues for delivery an 1-21 individual, group, blanket, or franchise insurance policy or 1-22 insurance agreement, a group hospital service contract, or a group 1-23 or individual evidence of coverage, by a multiple employer welfare 1-24 arrangement as defined by Section 3, Employee Retirement Income 2-1 Security Act of 1974 (29 U.S.C. Section 1002), or by any other 2-2 analogous benefit arrangement to the extent permitted by the 2-3 Employee Retirement Income Security Act of 1974 (29 U.S.C. Section 2-4 1002). The term does not include: 2-5 (A) a plan that provides coverage: 2-6 (i) only for accidental death or 2-7 dismemberment; 2-8 (ii) for wages or payments in lieu of 2-9 wages for a period during which an employee is absent from work 2-10 because of sickness or injury; or 2-11 (iii) as a supplement to liability 2-12 insurance; 2-13 (B) a Medicare supplemental policy as defined by 2-14 Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss); 2-15 (C) workers' compensation insurance coverage; 2-16 (D) medical payment insurance issued as part of 2-17 a motor vehicle insurance policy; or 2-18 (E) a long-term care policy, including a nursing 2-19 home fixed indemnity policy, unless the commissioner determines 2-20 that the policy provides benefit coverage so comprehensive that the 2-21 policy meets the definition of a health benefit plan. 2-22 Sec. 2. REQUIRED COVERAGE FOR MINIMUM INPATIENT STAY 2-23 FOLLOWING BIRTH; EXCEPTIONS. (a) A health benefit plan that 2-24 provides maternity benefits, including benefits for childbirth, 2-25 must include coverage for inpatient care for a mother and her 2-26 newborn child in a health care facility for a minimum of: 2-27 (1) 48 hours following a vaginal delivery; and 3-1 (2) 96 hours following a delivery by caesarean 3-2 section. 3-3 (b) Notwithstanding Subsection (a) of this section, a health 3-4 benefit plan that provides coverage for in-home postdelivery care 3-5 to a mother and her newborn child is not required to provide the 3-6 minimum hours of coverage of inpatient care required under 3-7 Subsection (a) of this section unless that inpatient care is 3-8 determined to be medically necessary by an attending physician or 3-9 is requested by the mother. 3-10 (c) This article does not require a mother who is eligible 3-11 for coverage under a health benefit plan to: 3-12 (1) give birth in a hospital or other health care 3-13 facility; or 3-14 (2) remain under inpatient care in a hospital or other 3-15 health care facility for any fixed term following the birth of a 3-16 child. 3-17 Sec. 3. POSTDELIVERY CARE. (a) If a decision is made to 3-18 discharge a mother and newborn child from inpatient care before the 3-19 expiration of the minimum hours of coverage of inpatient care 3-20 required under Section 2(a) of this article, the health benefit 3-21 plan shall provide coverage for timely postdelivery care. That 3-22 care may be provided to the mother and child by a physician, 3-23 registered nurse, or other appropriate licensed health care 3-24 provider and may be provided at: 3-25 (1) the mother's home, a health care provider's 3-26 office, or a health care facility; or 3-27 (2) another location determined to be appropriate 4-1 under rules adopted by the commissioner. 4-2 (b) The coverage required under Subsection (a) of this 4-3 section must allow the mother the option to have the care provided 4-4 in the mother's home. 4-5 (c) For purposes of this section, "postdelivery care" means 4-6 postpartum health care services provided in accordance with 4-7 accepted maternal and neonatal physical assessments. The term 4-8 includes parent education, assistance and training in breast 4-9 feeding and bottle feeding, and the performance of any necessary 4-10 and appropriate clinical tests. The timeliness of the care shall 4-11 be determined in accordance with recognized medical standards for 4-12 that care. 4-13 Sec. 4. PROHIBITIONS. A health benefit plan may not: 4-14 (1) modify the terms and conditions of coverage based 4-15 on the determination by a person enrolled in the health benefit 4-16 plan to request less than the minimum coverage required under 4-17 Section 2(a) of this article; 4-18 (2) offer to the mother of a newborn child financial 4-19 incentives or other compensation the receipt of which is contingent 4-20 on the waiver by the mother of the minimum hours of coverage of 4-21 inpatient care required under Section 2(a) of this article; 4-22 (3) refuse to accept a physician's recommendation for 4-23 a specified period of inpatient care made in consultation with the 4-24 mother of the newborn child if the period recommended by the 4-25 physician does not exceed the minimum periods recommended in 4-26 guidelines for perinatal care developed by the American College of 4-27 Obstetricians and Gynecologists, the American Academy of 5-1 Pediatrics, or another nationally recognized professional 5-2 association of obstetricians and gynecologists or of pediatricians; 5-3 (4) reduce payments or other forms of reimbursement 5-4 for inpatient care below the usual and customary rate of 5-5 reimbursement for that care; or 5-6 (5) penalize a physician for recommending inpatient 5-7 care for a mother or her newborn child by: 5-8 (A) refusing to allow the physician to 5-9 participate as a provider within the health benefit plan; 5-10 (B) reducing payments made to the physician; 5-11 (C) requiring the physician to provide 5-12 additional documentation or undergo additional utilization review; 5-13 or 5-14 (D) imposing other analogous sanctions or 5-15 disincentives. 5-16 Sec. 5. NOTICE. (a) Each health benefit plan shall provide 5-17 written notice to each enrollee under the plan regarding the 5-18 coverage required by this article. The health benefit plan shall 5-19 provide the notice in accordance with rules adopted by the 5-20 commissioner. 5-21 (b) The notice required under this section must be 5-22 prominently positioned in any literature or correspondence made 5-23 available or distributed by the health benefit plan. 5-24 Sec. 6. RULES. The commissioner shall adopt rules as 5-25 necessary to administer this article. 5-26 SECTION 2. This Act takes effect September 1, 1997, and 5-27 applies only to an insurance policy or evidence of coverage that is 6-1 delivered, issued for delivery, or renewed on or after January 1, 6-2 1998. A policy or evidence of coverage that is delivered, issued 6-3 for delivery, or renewed before January 1, 1998, is governed by the 6-4 law as it existed immediately before the effective date of this 6-5 Act, and that law is continued in effect for that purpose. 6-6 SECTION 3. The importance of this legislation and the 6-7 crowded condition of the calendars in both houses create an 6-8 emergency and an imperative public necessity that the 6-9 constitutional rule requiring bills to be read on three several 6-10 days in each house be suspended, and this rule is hereby suspended.