By Barrientos                                    S.B. No. 162

      75R2942 DLF-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to prevention and treatment of diabetes.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4                ARTICLE 1.  TEXAS DIABETES CARE PILOT PROGRAM

 1-5           SECTION 1.01.  In this article:

 1-6                 (1)  "Commission" means the Health and Human Services

 1-7     Commission.

 1-8                 (2)  "Council" means the Texas Diabetes Council.

 1-9                 (3)  "Program" means the Texas Diabetes Care Pilot

1-10     Program established under this article.

1-11           SECTION 1.02.  (a)  The Health and Human Services Commission

1-12     by rule shall develop a Texas Diabetes Care Pilot Program for

1-13     implementation in counties, selected by the commission, with a high

1-14     incidence of and a high death rate from diabetes.

1-15           (b)  The program shall provide continuous care, including

1-16     preventive services such as structured outpatient diabetes

1-17     education, nutrition counseling, and case management, to Medicaid

1-18     recipients who have been hospitalized for diabetes-related

1-19     conditions.  In developing the program, the commission shall

1-20     consider the analogous program operated in 1993 and 1994 in

1-21     Maryland.

1-22           (c)  The Texas Diabetes Council shall administer the program

1-23     under the direction of the commission.

1-24           (d)  Except as provided by Section 1.04 of this article, the

 2-1     commission and the council shall implement the program not later

 2-2     than November 1, 1997.

 2-3           SECTION 1.03.  (a)  Not later than September 1, 1998, the

 2-4     commission shall submit an interim written report to the lieutenant

 2-5     governor and the speaker of the house of representatives on the

 2-6     effectiveness, including the cost-effectiveness, of the program.

 2-7           (b)  Not later than September 1, 1999, the commission shall

 2-8     submit a final written report to the lieutenant governor and the

 2-9     speaker of the house of representatives on the effectiveness,

2-10     including the cost-effectiveness, of the program.

2-11           SECTION 1.04.  If before implementing this article the

2-12     commission determines that a waiver or authorization from a federal

2-13     agency is necessary for implementation, the commission shall

2-14     request the waiver or authorization and may delay implementing this

2-15     section until the waiver or authorization is granted.

2-16           SECTION 1.05.  This article expires September 1, 2001.

2-17        ARTICLE 2.  BENEFITS FOR DIABETES CARE PROVIDED UNDER HEALTH 

2-18                               BENEFIT PLANS 

2-19           SECTION 2.01.  Subchapter E, Chapter 21, Insurance Code, is

2-20     amended by adding Article 21.53D to read as follows:

2-21           Art. 21.53D.  GUIDELINES FOR DIABETES CARE

2-22           Sec. 1.  DEFINITIONS.  In this article:

2-23                 (1)  "Enrollee" means a person entitled to coverage

2-24     under a health benefit plan.

2-25                 (2)  "Health benefit plan" means a plan described by

2-26     Section 2 of this article.

2-27           Sec. 2.  SCOPE OF ARTICLE.  (a)  This article applies only to

 3-1     a health benefit plan that provides benefits for medical or

 3-2     surgical expenses incurred as a result of a health condition,

 3-3     accident, or sickness, including:

 3-4                 (1)  an individual, group, blanket, or franchise

 3-5     insurance policy or insurance agreement, a group hospital service

 3-6     contract, or an individual or group evidence of coverage that is

 3-7     offered by:

 3-8                       (A)  an insurance company;

 3-9                       (B)  a group hospital service corporation

3-10     operating under Chapter 20 of this code;

3-11                       (C)  a fraternal benefit society operating under

3-12     Chapter 10 of this code;

3-13                       (D)  a stipulated premium insurance company

3-14     operating under Chapter 22 of this code; or

3-15                       (E)  a health maintenance organization operating

3-16     under the Texas Health Maintenance Organization Act (Chapter 20A,

3-17     Vernon's Texas Insurance Code); or

3-18                 (2)  to the extent permitted by the Employee Retirement

3-19     Income Security Act of 1974 (29 U.S.C. Section 1001 et seq.), a

3-20     health benefit plan that is offered by:

3-21                       (A)  a multiple employer welfare arrangement as

3-22     defined by Section 3, Employee Retirement Income Security Act of

3-23     1974 (29 U.S.C. Section 1002); or

3-24                       (B)  another analogous benefit arrangement.

3-25           (b)  This article does not apply to:

3-26                 (1)  a plan that provides coverage:

3-27                       (A)  only for a specified disease;

 4-1                       (B)  only for accidental death or dismemberment;

 4-2                       (C)  for wages or payments in lieu of wages for a

 4-3     period during which an employee is absent from work because of

 4-4     sickness or injury; or

 4-5                       (D)  as a supplement to liability insurance;

 4-6                 (2)  a plan written under Chapter 26 of this code;

 4-7                 (3)  a Medicare supplemental policy as defined by

 4-8     Section 1882(g)(1), Social Security Act (42 U.S.C. 1395ss);

 4-9                 (4)  workers' compensation insurance coverage;

4-10                 (5)  medical payment insurance issued as part of a

4-11     motor vehicle insurance policy; or

4-12                 (6)  a long-term care policy, including a nursing home

4-13     fixed indemnity policy, unless the commissioner determines that the

4-14     policy provides benefit coverage so comprehensive that the policy

4-15     is a health benefit plan as described by Subsection (a) of this

4-16     section.

4-17           Sec. 3.  DIABETES CARE GUIDELINES.  (a)  The department, in

4-18     consultation with the Texas Diabetes Council, shall by rule adopt

4-19     minimum standards for care provided to enrollees with diabetes.

4-20           (b)  Each health care benefit plan shall provide benefits for

4-21     the care required by the minimum standards adopted under Subsection

4-22     (a) of this section.

4-23           (c)  The benefits required under this article may not be

4-24     subject to a deductible, coinsurance, or copayment requirement that

4-25     exceeds the applicable deductible, coinsurance, or copayment

4-26     applicable to other similar benefits provided under the plan.

4-27           SECTION 2.02.  The Texas Department of Insurance shall, in

 5-1     consultation with the Texas Diabetes Council, adopt the minimum

 5-2     standards of care required under Article 21.53D, Insurance Code, as

 5-3     added by this Act, not later than September 1, 1998.

 5-4           SECTION 2.03.  Article 21.53D, Insurance Code, as added by

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

 5-6     issued for delivery, or renewed on or after January 1, 1999.  A

 5-7     policy that is delivered, issued for delivery, or renewed before

 5-8     January 1, 1999, is governed by the law as it existed immediately

 5-9     before the effective date of this Act, and that law is continued in

5-10     effect for that purpose.

5-11               ARTICLE 3.  DIABETES INFORMATION AND EDUCATION 

5-12           SECTION 3.01.  Chapter 103, Health and Safety Code, is

5-13     amended by amending Section 103.017 and adding Section 103.0175 to

5-14     read as follows:

5-15           Sec. 103.017.  PUBLIC AWARENESS AND TRAINING.  (a)  The

5-16     department, the Texas Commission for the Blind, the Texas

5-17     Rehabilitation Commission, the Texas Department of Human Services,

5-18     and the Texas [Central] Education Agency shall work with the

5-19     council to jointly develop, produce, and implement a general public

5-20     awareness strategy focusing on diabetes, its complications, and

5-21     techniques for achieving good management.  Each agency shall pay

5-22     for the costs of producing and disseminating information on

5-23     diabetes to clients served by that agency.

5-24           (b)  The strategy developed under Subsection (a) must include

5-25     a plan under which the council provides public awareness

5-26     information through businesses, civic organizations, and similar

5-27     entities.

 6-1           (c)  The department, the Texas Commission for the Blind, the

 6-2     Texas Rehabilitation Commission, the Texas Department of Human

 6-3     Services, and the Texas [Central] Education Agency may jointly

 6-4     develop and implement a statewide plan for conducting regional

 6-5     training sessions for public and private service providers,

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

 6-7     contact with persons with diabetes.

 6-8           (d) [(c)]  The council must approve the strategies and plans

 6-9     developed under this section.

6-10           Sec. 103.0175.  MATERIALS FOR SCHOOL-BASED AND SCHOOL-LINKED

6-11     CLINICS.  The council, in consultation with the department, shall

6-12     develop and make available materials that provide information about

6-13     diabetes to be distributed to students and the parents of students

6-14     by health clinics at public primary or secondary schools.

6-15           SECTION 3.02.  Section 28.002, Education Code, is amended by

6-16     adding Subsection (k) to read as follows:

6-17           (k)  The State Board of Education, in consultation with the

6-18     Texas Department of Health and the Texas Diabetes Council, shall

6-19     develop a diabetes education program that a school district may use

6-20     in the health curriculum under Subsection (a)(2)(B).

6-21                    ARTICLE 4.  EFFECTIVE DATE; EMERGENCY

6-22           SECTION 4.01.  This Act takes effect September 1, 1997.

6-23           SECTION 4.02.  The importance of this legislation and the

6-24     crowded condition of the calendars in both houses create an

6-25     emergency and an imperative public necessity that the

6-26     constitutional rule requiring bills to be read on three several

6-27     days in each house be suspended, and this rule is hereby suspended.