By:  Barrientos, Ellis                        S.B. No. 162

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to prevention and treatment of diabetes.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3                ARTICLE 1.  TEXAS DIABETES CARE PILOT PROGRAM

 1-4           SECTION 1.01.  In this article:

 1-5                 (1)  "Commission" means the Health and Human Services

 1-6     Commission.

 1-7                 (2)  "Council" means the Texas Diabetes Council.

 1-8                 (3)  "Program" means the Texas Diabetes Care Pilot

 1-9     Program established under this article.

1-10           SECTION 1.02.  (a)  The Health and Human Services Commission

1-11     by rule shall develop a Texas Diabetes Care Pilot Program for

1-12     initial implementation in counties, selected by the commission,

1-13     with a high incidence of and a high death rate from diabetes.

1-14           (b)  The program shall provide continuous care, including

1-15     preventive services such as structured outpatient diabetes

1-16     education, nutrition counseling, and case management, to Medicaid

1-17     recipients who have diabetes-related conditions.  In developing the

1-18     program, the commission shall consider the program operated in 1993

1-19     and 1994 in Maryland.

1-20           (c)  The Texas Diabetes Council shall administer the program

1-21     under the direction of the commission.

1-22           (d)  Except as provided by Section 1.04 of this article, the

1-23     commission and the council shall implement the program not later

 2-1     than November 1, 1997.

 2-2           SECTION 1.03.  (a)  Not later than September 1, 1998, the

 2-3     commission shall submit an interim written report to the lieutenant

 2-4     governor and the speaker of the house of representatives on the

 2-5     effectiveness, including the cost-effectiveness, of the program.

 2-6           (b)  Not later than September 1, 1999, the commission shall

 2-7     submit a final written report to the lieutenant governor and the

 2-8     speaker of the house of representatives on the effectiveness,

 2-9     including the cost-effectiveness, of the program.

2-10           SECTION 1.04.  If before implementing this article the

2-11     commission determines that a waiver or authorization from a federal

2-12     agency is necessary for implementation, the commission shall

2-13     request the waiver or authorization and may delay implementing this

2-14     section until the waiver or authorization is granted.

2-15           SECTION 1.05.  This article expires September 1, 2001.

2-16        ARTICLE 2.  BENEFITS FOR DIABETES CARE PROVIDED UNDER HEALTH

2-17                                BENEFIT PLANS

2-18           SECTION 2.01.  Subchapter E, Chapter 21, Insurance Code, is

2-19     amended by adding Article 21.53D to read as follows:

2-20           Art. 21.53D.  GUIDELINES FOR DIABETES CARE

2-21           Sec. 1.  DEFINITIONS.  In this article:

2-22                 (1)  "Enrollee" means a person entitled to coverage

2-23     under a health benefit plan.

2-24                 (2)  "Health benefit plan" means a plan described by

2-25     Section 2 of this article.

 3-1           Sec. 2.  SCOPE OF ARTICLE.  (a)  This article applies only to

 3-2     a health benefit plan that provides benefits for medical or

 3-3     surgical expenses incurred as a result of a health condition,

 3-4     accident, or sickness, including:

 3-5                 (1)  an individual, group, blanket, or franchise

 3-6     insurance policy or insurance agreement, a group hospital service

 3-7     contract, or an individual or group evidence of coverage that is

 3-8     offered by:

 3-9                       (A)  an insurance company;

3-10                       (B)  a group hospital service corporation

3-11     operating under Chapter 20 of this code;

3-12                       (C)  a fraternal benefit society operating under

3-13     Chapter 10 of this code;

3-14                       (D)  a stipulated premium insurance company

3-15     operating under Chapter 22 of this code; or

3-16                       (E)  a health maintenance organization operating

3-17     under the Texas Health Maintenance Organization Act (Chapter 20A,

3-18     Vernon's Texas Insurance Code); or

3-19                 (2)  to the extent permitted by the Employee Retirement

3-20     Income Security Act of 1974 (29 U.S.C. Section 1001 et seq.), a

3-21     health benefit plan that is offered by:

3-22                       (A)  a multiple employer welfare arrangement as

3-23     defined by Section 3, Employee Retirement Income Security Act of

3-24     1974 (29 U.S.C. Section 1002); or

3-25                       (B)  another analogous benefit arrangement.

 4-1           (b)  This article does not apply to:

 4-2                 (1)  a plan that provides coverage:

 4-3                       (A)  only for a specified disease;

 4-4                       (B)  only for accidental death or dismemberment;

 4-5                       (C)  for wages or payments in lieu of wages for a

 4-6     period during which an employee is absent from work because of

 4-7     sickness or injury;

 4-8                       (D)  as a supplement to liability insurance;

 4-9                       (E)  dental or vision care only; or

4-10                       (F)  hospital confinement indemnity coverage

4-11     only;

4-12                 (2)  a plan written under Chapter 26 of this code;

4-13                 (3)  a Medicare supplemental policy as defined by

4-14     Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss);

4-15                 (4)  workers' compensation insurance coverage;

4-16                 (5)  medical payment insurance issued as part of a

4-17     motor vehicle insurance policy; or

4-18                 (6)  a long-term care policy, including a nursing home

4-19     fixed indemnity policy, unless the commissioner determines that the

4-20     policy provides benefit coverage so comprehensive that the policy

4-21     is a health benefit plan as described by Subsection (a) of this

4-22     section.

4-23           Sec. 3.  DIABETES CARE GUIDELINES.  (a)  The commissioner, in

4-24     consultation with the Texas Diabetes Council, shall by rule adopt

4-25     minimum standards for benefits provided to enrollees with diabetes.

 5-1           (b)  Each health care benefit plan shall provide benefits for

 5-2     the care required by the minimum standards adopted under Subsection

 5-3     (a) of this section.

 5-4           (c)  The benefits required under this article may not be

 5-5     subject to a deductible, coinsurance, or copayment requirement that

 5-6     exceeds the applicable deductible, coinsurance, or copayment

 5-7     applicable to other similar benefits provided under the plan.

 5-8           SECTION 2.02.  The Commissioner of Insurance shall, in

 5-9     consultation with the Texas Diabetes Council, adopt the minimum

5-10     benefits required under Article 21.53D, Insurance Code, as added by

5-11     this Act, not later than September 1, 1998.

5-12           SECTION 2.03.  Article 21.53D, Insurance Code, as added by

5-13     this Act, applies only to a health benefit plan that is delivered,

5-14     issued for delivery, or renewed on or after January 1, 1999.  A

5-15     policy that is delivered, issued for delivery, or renewed before

5-16     January 1, 1999, is governed by the law as it existed immediately

5-17     before the effective date of this Act, and that law is continued in

5-18     effect for that purpose.

5-19               ARTICLE 3.  DIABETES INFORMATION AND EDUCATION

5-20           SECTION 3.01.  Chapter 103, Health and Safety Code, is

5-21     amended by amending Section 103.017 and adding Section 103.0175 to

5-22     read as follows:

5-23           Sec. 103.017.  PUBLIC AWARENESS AND TRAINING.  (a)  The

5-24     department, the Texas Commission for the Blind, the Texas

5-25     Rehabilitation Commission, the Texas Department of Human Services,

 6-1     and the Texas [Central] Education Agency shall work with the

 6-2     council to jointly develop, produce, and implement a general public

 6-3     awareness strategy focusing on diabetes, its complications, and

 6-4     techniques for achieving good management.  Each agency shall pay

 6-5     for the costs of producing and disseminating information on

 6-6     diabetes to clients served by that agency.

 6-7           (b)  The strategy developed under Subsection (a) must include

 6-8     a plan under which the council provides public awareness

 6-9     information through businesses, civic organizations, and similar

6-10     entities.

6-11           (c)  The department, the Texas Commission for the Blind, the

6-12     Texas Rehabilitation Commission, the Texas Department of Human

6-13     Services, and the Texas [Central] Education Agency may jointly

6-14     develop and implement a statewide plan for conducting regional

6-15     training sessions for public and private service providers,

6-16     including institutional health care providers, who have routine

6-17     contact with persons with diabetes.

6-18           (d) [(c)]  The council must approve the strategies and plans

6-19     developed under this section.

6-20           Sec. 103.0175.  MATERIALS FOR SCHOOL-BASED AND SCHOOL-LINKED

6-21     CLINICS.  The council, in consultation with the department, shall

6-22     develop and make available materials that provide information about

6-23     diabetes to be distributed to students and the parents of students

6-24     by health clinics at public primary or secondary schools.

6-25           SECTION 3.02.  Section 28.002, Education Code, is amended by

 7-1     adding Subsection (k) to read as follows:

 7-2           (k)  The State Board of Education, in consultation with the

 7-3     Texas Department of Health and the Texas Diabetes Council, shall

 7-4     develop a diabetes education program that a school district may use

 7-5     in the health curriculum under Subsection (a)(2)(B).

 7-6                    ARTICLE 4.  EFFECTIVE DATE; EMERGENCY

 7-7           SECTION 4.01.  This Act takes effect September 1, 1997.

 7-8           SECTION 4.02.  The importance of this legislation and the

 7-9     crowded condition of the calendars in both houses create an

7-10     emergency and an imperative public necessity that the

7-11     constitutional rule requiring bills to be read on three several

7-12     days in each house be suspended, and this rule is hereby suspended.