1-1           By:  Barrientos, Ellis                           S.B. No. 162

 1-2           (In the Senate - Filed December 30, 1996; January 14, 1997,

 1-3     read first time and referred to Committee on Health and Human

 1-4     Services; March 3, 1997, reported adversely, with favorable

 1-5     Committee Substitute by the following vote:  Yeas 9, Nays 1;

 1-6     March 3, 1997, sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 162                     By:  West

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to prevention and treatment of diabetes.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12                ARTICLE 1.  TEXAS DIABETES CARE PILOT PROGRAM

1-13           SECTION 1.01.  In this article:

1-14                 (1)  "Commission" means the Health and Human Services

1-15     Commission.

1-16                 (2)  "Council" means the Texas Diabetes Council.

1-17                 (3)  "Program" means the Texas Diabetes Care Pilot

1-18     Program established under this article.

1-19           SECTION 1.02.  (a)  The Health and Human Services Commission

1-20     by rule shall develop a Texas Diabetes Care Pilot Program for

1-21     initial implementation in counties, selected by the commission,

1-22     with a high incidence of and a high death rate from diabetes.

1-23           (b)  The program shall provide continuous care, including

1-24     preventive services such as structured outpatient diabetes

1-25     education, nutrition counseling, and case management, to Medicaid

1-26     recipients who have diabetes-related conditions.  In developing the

1-27     program, the commission shall consider the program operated in 1993

1-28     and 1994 in Maryland.

1-29           (c)  The Texas Diabetes Council shall administer the program

1-30     under the direction of the commission.

1-31           (d)  Except as provided by Section 1.04 of this article, the

1-32     commission and the council shall implement the program not later

1-33     than November 1, 1997.

1-34           SECTION 1.03.  (a)  Not later than September 1, 1998, the

1-35     commission shall submit an interim written report to the lieutenant

1-36     governor and the speaker of the house of representatives on the

1-37     effectiveness, including the cost-effectiveness, of the program.

1-38           (b)  Not later than September 1, 1999, the commission shall

1-39     submit a final written report to the lieutenant governor and the

1-40     speaker of the house of representatives on the effectiveness,

1-41     including the cost-effectiveness, of the program.

1-42           SECTION 1.04.  If before implementing this article the

1-43     commission determines that a waiver or authorization from a federal

1-44     agency is necessary for implementation, the commission shall

1-45     request the waiver or authorization and may delay implementing this

1-46     section until the waiver or authorization is granted.

1-47           SECTION 1.05.  This article expires September 1, 2001.

1-48        ARTICLE 2.  BENEFITS FOR DIABETES CARE PROVIDED UNDER HEALTH

1-49                                BENEFIT PLANS

1-50           SECTION 2.01.  Subchapter E, Chapter 21, Insurance Code, is

1-51     amended by adding Article 21.53D to read as follows:

1-52           Art. 21.53D.  GUIDELINES FOR DIABETES CARE

1-53           Sec. 1.  DEFINITIONS.  In this article:

1-54                 (1)  "Enrollee" means a person entitled to coverage

1-55     under a health benefit plan.

1-56                 (2)  "Health benefit plan" means a plan described by

1-57     Section 2 of this article.

1-58           Sec. 2.  SCOPE OF ARTICLE.  (a)  This article applies only to

1-59     a health benefit plan that provides benefits for medical or

1-60     surgical expenses incurred as a result of a health condition,

1-61     accident, or sickness, including:

1-62                 (1)  an individual, group, blanket, or franchise

1-63     insurance policy or insurance agreement, a group hospital service

1-64     contract, or an individual or group evidence of coverage that is

 2-1     offered by:

 2-2                       (A)  an insurance company;

 2-3                       (B)  a group hospital service corporation

 2-4     operating under Chapter 20 of this code;

 2-5                       (C)  a fraternal benefit society operating under

 2-6     Chapter 10 of this code;

 2-7                       (D)  a stipulated premium insurance company

 2-8     operating under Chapter 22 of this code; or

 2-9                       (E)  a health maintenance organization operating

2-10     under the Texas Health Maintenance Organization Act (Chapter 20A,

2-11     Vernon's Texas Insurance Code); or

2-12                 (2)  to the extent permitted by the Employee Retirement

2-13     Income Security Act of 1974 (29 U.S.C. Section 1001 et seq.), a

2-14     health benefit plan that is offered by:

2-15                       (A)  a multiple employer welfare arrangement as

2-16     defined by Section 3, Employee Retirement Income Security Act of

2-17     1974 (29 U.S.C. Section 1002); or

2-18                       (B)  another analogous benefit arrangement.

2-19           (b)  This article does not apply to:

2-20                 (1)  a plan that provides coverage:

2-21                       (A)  only for a specified disease;

2-22                       (B)  only for accidental death or dismemberment;

2-23                       (C)  for wages or payments in lieu of wages for a

2-24     period during which an employee is absent from work because of

2-25     sickness or injury; or

2-26                       (D)  as a supplement to liability insurance;

2-27                 (2)  a plan written under Chapter 26 of this code;

2-28                 (3)  a Medicare supplemental policy as defined by

2-29     Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss);

2-30                 (4)  workers' compensation insurance coverage;

2-31                 (5)  medical payment insurance issued as part of a

2-32     motor vehicle insurance policy; or

2-33                 (6)  a long-term care policy, including a nursing home

2-34     fixed indemnity policy, unless the commissioner determines that the

2-35     policy provides benefit coverage so comprehensive that the policy

2-36     is a health benefit plan as described by Subsection (a) of this

2-37     section.

2-38           Sec. 3.  DIABETES CARE GUIDELINES.  (a)  The department, in

2-39     consultation with the Texas Diabetes Council, shall by rule adopt

2-40     minimum standards for care provided to enrollees with diabetes.

2-41           (b)  Each health care benefit plan shall provide benefits for

2-42     the care required by the minimum standards adopted under Subsection

2-43     (a) of this section.

2-44           (c)  The benefits required under this article may not be

2-45     subject to a deductible, coinsurance, or copayment requirement that

2-46     exceeds the applicable deductible, coinsurance, or copayment

2-47     applicable to other similar benefits provided under the plan.

2-48           SECTION 2.02.  The Texas Department of Insurance shall, in

2-49     consultation with the Texas Diabetes Council, adopt the minimum

2-50     standards of care required under Article 21.53D, Insurance Code, as

2-51     added by this Act, not later than September 1, 1998.

2-52           SECTION 2.03.  Article 21.53D, Insurance Code, as added by

2-53     this Act, applies only to a health benefit plan that is delivered,

2-54     issued for delivery, or renewed on or after January 1, 1999.  A

2-55     policy that is delivered, issued for delivery, or renewed before

2-56     January 1, 1999, is governed by the law as it existed immediately

2-57     before the effective date of this Act, and that law is continued in

2-58     effect for that purpose.

2-59               ARTICLE 3.  DIABETES INFORMATION AND EDUCATION

2-60           SECTION 3.01.  Chapter 103, Health and Safety Code, is

2-61     amended by amending Section 103.017 and adding Section 103.0175 to

2-62     read as follows:

2-63           Sec. 103.017.  PUBLIC AWARENESS AND TRAINING.  (a)  The

2-64     department, the Texas Commission for the Blind, the Texas

2-65     Rehabilitation Commission, the Texas Department of Human Services,

2-66     and the Texas [Central] Education Agency shall work with the

2-67     council to jointly develop, produce, and implement a general public

2-68     awareness strategy focusing on diabetes, its complications, and

2-69     techniques for achieving good management.  Each agency shall pay

 3-1     for the costs of producing and disseminating information on

 3-2     diabetes to clients served by that agency.

 3-3           (b)  The strategy developed under Subsection (a) must include

 3-4     a plan under which the council provides public awareness

 3-5     information through businesses, civic organizations, and similar

 3-6     entities.

 3-7           (c)  The department, the Texas Commission for the Blind, the

 3-8     Texas Rehabilitation Commission, the Texas Department of Human

 3-9     Services, and the Texas [Central] Education Agency may jointly

3-10     develop and implement a statewide plan for conducting regional

3-11     training sessions for public and private service providers,

3-12     including institutional health care providers, who have routine

3-13     contact with persons with diabetes.

3-14           (d) [(c)]  The council must approve the strategies and plans

3-15     developed under this section.

3-16           Sec. 103.0175.  MATERIALS FOR SCHOOL-BASED AND SCHOOL-LINKED

3-17     CLINICS.  The council, in consultation with the department, shall

3-18     develop and make available materials that provide information about

3-19     diabetes to be distributed to students and the parents of students

3-20     by health clinics at public primary or secondary schools.

3-21           SECTION 3.02.  Section 28.002, Education Code, is amended by

3-22     adding Subsection (k) to read as follows:

3-23           (k)  The State Board of Education, in consultation with the

3-24     Texas Department of Health and the Texas Diabetes Council, shall

3-25     develop a diabetes education program that a school district may use

3-26     in the health curriculum under Subsection (a)(2)(B).

3-27                    ARTICLE 4.  EFFECTIVE DATE; EMERGENCY

3-28           SECTION 4.01.  This Act takes effect September 1, 1997.

3-29           SECTION 4.02.  The importance of this legislation and the

3-30     crowded condition of the calendars in both houses create an

3-31     emergency and an imperative public necessity that the

3-32     constitutional rule requiring bills to be read on three several

3-33     days in each house be suspended, and this rule is hereby suspended.

3-34                                  * * * * *