AN ACT

 1-1     relating to the regulation of health maintenance organizations.

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

 1-3           SECTION 1.  Section 2, Texas Health Maintenance Organization

 1-4     Act (Article 20A.02, Vernon's Texas Insurance Code), is amended by

 1-5     amending Subsections (i) through (u) and adding Subsections (v) and

 1-6     (w) to read as follows:

 1-7           (i)  "Health care services" means any services, including the

 1-8     furnishing to any individual of pharmaceutical services, medical,

 1-9     chiropractic, or dental care, or hospitalization or incident to the

1-10     furnishing of such services, care, or hospitalization, as well as

1-11     the furnishing to any person of any and all other services for the

1-12     purpose of preventing, alleviating, curing or healing human illness

1-13     or injury, a limited health care service plan, or a single health

1-14     care service plan.

1-15           (j)  "Health maintenance organization" means any person who

1-16     arranges for or provides a health care plan, a limited health care

1-17     service plan, or a single health care service plan to enrollees on

1-18     a prepaid basis.

1-19           (k)  "Limited health care services" means:

1-20                 (1)  services for mental health, chemical dependency,

1-21     or mental retardation, or any combination of mental health,

1-22     chemical dependency, or mental retardation; or

1-23                 (2)  an organized long-term care service delivery

 2-1     system that provides for diagnostic, preventive, therapeutic,

 2-2     rehabilitative, and personal care services required by an

 2-3     individual with a loss in functional capacity on a long-term basis.

 2-4           (l)  "Limited health care service plan" means a plan under

 2-5     which any person undertakes to provide, arrange for, pay for, or

 2-6     reimburse any part of the cost of limited health care services, if

 2-7     a part of the plan consists of arranging for, or the provision of,

 2-8     limited health care services, as distinguished from an

 2-9     indemnification against the cost of those services, on a prepaid

2-10     basis through insurance or otherwise.

2-11           (m)  "Medical care" means furnishing those services defined

2-12     as practicing medicine under Section 1.03(8), Medical Practice Act

2-13     (Article 4495b, Vernon's Texas Civil Statutes).

2-14           (n) [(l)]  "Person" means any natural or artificial person,

2-15     including, but not limited to, individuals, partnerships,

2-16     associations, organizations, trusts, hospital districts, community

2-17     mental health, mental retardation, or mental health and mental

2-18     retardation centers, limited liability companies, limited liability

2-19     partnerships, or corporations.

2-20           (o) [(m)]  "Physician" means:

2-21                 (1)  an individual licensed to practice medicine in

2-22     this state;

2-23                 (2)  a professional association organized under the

2-24     Texas Professional Association Act (Article 1528f, Vernon's Texas

2-25     Civil Statutes) or a nonprofit health corporation certified under

 3-1     Section 5.01, Medical Practice Act (Article 4495b, Vernon's Texas

 3-2     Civil Statutes); or

 3-3                 (3)  another person wholly owned by physicians.

 3-4           (p) [(n)]  "Provider" means:

 3-5                 (1)  any person other than a physician, including a

 3-6     licensed doctor of chiropractic, registered nurse, pharmacist,

 3-7     optometrist, pharmacy, hospital, or other institution or

 3-8     organization or person that is licensed or otherwise authorized to

 3-9     provide a health care service in this state;

3-10                 (2)  a person who is wholly owned or controlled by a

3-11     provider or by a group of providers who are licensed to provide the

3-12     same health care service; or

3-13                 (3)  a person who is wholly owned or controlled by one

3-14     or more hospitals and physicians, including a physician-hospital

3-15     organization.

3-16           (q) [(o)]  "Sponsoring organization" means a person who

3-17     guarantees the uncovered expenses of the health maintenance

3-18     organization and who is financially capable, as determined by the

3-19     commissioner, of meeting the obligations resulting from those

3-20     guarantees.

3-21           (r) [(p)]  "Uncovered expenses" means the estimated

3-22     administrative expenses and the estimated cost of health care

3-23     services that are not guaranteed, insured, or assumed by a person

3-24     other than the health maintenance organization.  Health care

3-25     services may be considered covered if the physician or provider

 4-1     agrees in writing that enrollees shall in no way be liable,

 4-2     assessable, or in any way subject to payment for services except as

 4-3     described in the evidence of coverage issued to the enrollee under

 4-4     Section 9 of this Act.  The amount due on loans in the next

 4-5     calendar year will be considered uncovered expenses unless

 4-6     specifically subordinated to uncovered medical and health care

 4-7     expenses or unless guaranteed by the sponsoring organization.

 4-8           (s) [(q)]  "Uncovered liabilities" means obligations

 4-9     resulting from unpaid uncovered expenses, the outstanding

4-10     indebtedness of loans that are not specifically subordinated to

4-11     uncovered medical and health care expenses or guaranteed by the

4-12     sponsoring organization, and all other monetary obligations that

4-13     are not similarly subordinated or guaranteed.

4-14           (t) [(r)]  "Single health care service" means a health care

4-15     service that an enrolled population may reasonably require in order

4-16     to be maintained in good health with respect to a particular health

4-17     care need for the purpose of preventing, alleviating, curing, or

4-18     healing human illness or injury of a single specified nature and

4-19     that is to be provided by one or more persons each of whom is

4-20     licensed by the state to provide that specific health care service.

4-21           (u) [(s)]  "Single health care service plan" means a plan

4-22     under which any person undertakes to provide, arrange for, pay for,

4-23     or reimburse any part of the cost of a single health care service,

4-24     provided[,] that a part of the plan consists of arranging for or

4-25     the provision of the single health care service, as distinguished

 5-1     from an indemnification against the cost of that service, on a

 5-2     prepaid basis through insurance or otherwise and that no part of

 5-3     that plan consists of arranging for the provision of more than one

 5-4     health care need of a single specified nature.

 5-5           (v) [(t)]  "Emergency care" means bona fide emergency

 5-6     services provided after the sudden onset of a medical condition

 5-7     manifesting itself by acute symptoms of sufficient severity,

 5-8     including severe pain, such that the absence of immediate medical

 5-9     attention could reasonably be expected to result in:

5-10                 (1)  placing the patient's health in serious jeopardy;

5-11                 (2)  serious impairment to bodily functions; or

5-12                 (3)  serious dysfunction of any bodily organ or part.

5-13           (w) [(u)]  "Health maintenance organization delivery network"

5-14     means a health care delivery system in which a health maintenance

5-15     organization arranges for health care services directly or

5-16     indirectly through contracts and subcontracts with providers and

5-17     physicians.

5-18           SECTION 2.  Subsection (a), Section 4, Texas Health

5-19     Maintenance Organization Act (Article 20A.04, Vernon's Texas

5-20     Insurance Code), is amended to read as follows:

5-21           (a)  Each application for a certificate of authority shall be

5-22     on a form prescribed by rule of the commissioner and shall be

5-23     verified by the applicant, an officer, or other authorized

5-24     representative of the applicant, and shall set forth or be

5-25     accompanied by the following:

 6-1                 (1)  a copy of the basic organizational document, if

 6-2     any, of the applicant, such as the articles of incorporation,

 6-3     articles of association, partnership agreement, trust agreement, or

 6-4     other applicable documents, and all amendments thereto;

 6-5                 (2)  a copy of the bylaws, rules and regulations, or

 6-6     similar document, if any, regulating the conduct of the internal

 6-7     affairs of the applicant;

 6-8                 (3)  a list of the names, addresses, and official

 6-9     positions of the persons who are to be responsible for the conduct

6-10     of the affairs of the applicant, including all members of the board

6-11     of directors, board of trustees, executive committee, or other

6-12     governing body or committee, the principal officer in the case of a

6-13     corporation, and the partnership or members in the case of a

6-14     partnership or association;

6-15                 (4)  a copy of any independent or other contract made

6-16     or to be made between any provider, physician, or persons listed in

6-17     Paragraph (3) hereof and the applicant;

6-18                 (5)  a copy of the form of evidence of coverage to be

6-19     issued to the enrollee;

6-20                 (6)  a copy of the form of the group contract, if any,

6-21     which is to be issued to employers, unions, trustees, or other

6-22     organizations;

6-23                 (7)  a current financial statement that includes:

6-24                       (A)  the sources and application of funds;

6-25                       (B)  projected financial statements during the

 7-1     initial period of operations;

 7-2                       (C)  a balance sheet beginning as of the date of

 7-3     the expected start of operations;

 7-4                       (D)  a statement of revenue and expenses with

 7-5     expected member months; and

 7-6                       (E)  a cash flow statement that states any

 7-7     capital expenditures, purchase and sale of investments, and

 7-8     deposits with the state;

 7-9                 (8)  the schedule of charges to be used during the

7-10     first 12 months of operation;

7-11                 (9)  a statement acknowledging that all lawful process

7-12     in any legal action or proceeding against the health maintenance

7-13     organization on a cause of action arising in this state is valid if

7-14     served in accordance with Article 1.36, Insurance Code;

7-15                 (10)  a statement reasonably describing the geographic

7-16     area or areas to be served;

7-17                 (11)  a description of the complaint procedures to be

7-18     utilized;

7-19                 (12)  a description of the procedures and programs to

7-20     be implemented to meet the quality of health care requirements set

7-21     forth herein; [and]

7-22                 (13)  for a limited health care service plan, a

7-23     specific description of the health care services to be provided;

7-24     and

7-25                 (14)  such other information as the commissioner may

 8-1     require to make the determinations required by this Act.

 8-2           SECTION 3.  Section 5, Texas Health Maintenance Organization

 8-3     Act (Article 20A.05, Vernon's Texas Insurance Code), is amended by

 8-4     amending Subsection (b) and adding Subsection (e) to read as

 8-5     follows:

 8-6           (b)  The commissioner shall, after notice and hearing, issue

 8-7     or deny a certificate of authority to any person filing an

 8-8     application pursuant to Section 4 of this Act within 75 days of the

 8-9     receipt of the certification of the board; provided, however, that

8-10     the commissioner may grant a delay of final action on the

8-11     application to an applicant.  Issuance of the certificate of

8-12     authority shall be granted upon payment of the application fee

8-13     prescribed in Section 32 of this Act if:

8-14                 (1)  the board certifies that the health maintenance

8-15     organization's proposed plan of operation meets the requirements of

8-16     Subsection (a)(2) of this section; and

8-17                 (2)  the commissioner is satisfied that:

8-18                       (A)  the person responsible for the conduct of

8-19     the affairs of the applicant is competent, trustworthy, and

8-20     possesses a good reputation;

8-21                       (B)  the health care plan, limited health care

8-22     service plan, or single health care service plan constitutes an

8-23     appropriate mechanism whereby the health maintenance organization

8-24     will effectively provide or arrange for the provision of basic

8-25     health care services, limited health care services, or single

 9-1     health care service on a prepaid basis, through insurance or

 9-2     otherwise, except to the extent of reasonable requirements for

 9-3     co-payment;

 9-4                       (C)  the health maintenance organization is fully

 9-5     responsible and may reasonably be expected to meet its obligations

 9-6     to enrollees and prospective enrollees.  In making this

 9-7     determination, the commissioner shall consider:

 9-8                             (i)  the financial soundness of the health

 9-9     care plan's arrangement for health care services and a schedule of

9-10     charges used in connection therewith;

9-11                             (ii)  the adequacy of working capital;

9-12                             (iii)  any agreement with an insurer, group

9-13     hospital service corporation, a political subdivision of

9-14     government, or any other organization for insuring the payment of

9-15     the cost of health care services or the provision for automatic

9-16     applicability of an alternative coverage in the event of

9-17     discontinuance of plan;

9-18                             (iv)  any agreement which provides for the

9-19     provision of health care services; and

9-20                             (v)  any deposit of cash or securities

9-21     submitted in accordance with Section 13 of this Act as a guarantee

9-22     that the obligations will be duly performed;

9-23                       (D)  nothing in the proposed method of operation,

9-24     as shown by the information submitted pursuant to Section 4 of this

9-25     Act, or by independent investigation, is contrary to Texas law.

 10-1          (e)  By applying for and receiving a certificate of authority

 10-2    to do business in this state, the health maintenance organization

 10-3    agrees and admits that it is not subject to the United States

 10-4    Bankruptcy Code and is not eligible to proceed under the United

 10-5    States Bankruptcy Code.

 10-6          SECTION 4.  Subsection (a), Section 9, Texas Health

 10-7    Maintenance Organization Act (Article 20A.09, Vernon's Texas

 10-8    Insurance Code), is amended to read as follows:

 10-9          (a)(1)  Every enrollee residing in this state is entitled to

10-10    evidence of coverage under a health care plan.  If the enrollee

10-11    obtains coverage under a health care plan through an insurance

10-12    policy or a contract issued by a group hospital service

10-13    corporation, whether by option or otherwise, the insurer or the

10-14    group hospital service corporation shall issue the evidence of

10-15    coverage.  Otherwise, the health maintenance organization shall

10-16    issue the evidence of coverage.

10-17                (2)  No evidence of coverage, or amendment thereto,

10-18    shall be issued or delivered to any person in this state until a

10-19    copy of the form of evidence of coverage, or amendment thereto, has

10-20    been filed with and approved by the commissioner.

10-21                (3)  An evidence of coverage shall contain:

10-22                      (A)  no provisions or statements which are

10-23    unjust, unfair, inequitable, misleading, deceptive, which encourage

10-24    misrepresentation, or which are untrue, misleading, or deceptive as

10-25    defined in Section 14 of this Act; and

 11-1                      (B)  a clear and complete statement, if a

 11-2    contract, or a reasonably complete facsimile, if a certificate, of:

 11-3                            (i)  the medical, health care services,

 11-4    limited health care services, or single health care service and the

 11-5    issuance of other benefits, if any, to which the enrollee is

 11-6    entitled under the health care plan, limited health care service

 11-7    plan, or single health care service plan;

 11-8                            (ii)  any limitation on the services, kinds

 11-9    of services, benefits, or kinds of benefits to be provided,

11-10    including any deductible or co-payment feature;

11-11                            (iii)  where and in what manner information

11-12    is available as to how services may be obtained; and

11-13                            (iv)  a clear and understandable

11-14    description of the health maintenance organization's methods for

11-15    resolving enrollee complaints.  Any subsequent changes may be

11-16    evidenced in a separate document issued to the enrollee.

11-17                (4)  Any form of the evidence of coverage or group

11-18    contract to be used in this state, and any amendments thereto, are

11-19    subject to the filing and approval requirements of Subsection (c)

11-20    of this section, unless it is subject to the jurisdiction of the

11-21    commissioner under the laws governing health insurance or group

11-22    hospital service corporations, in which event the filing and

11-23    approval provisions of such law shall apply.  To the extent,

11-24    however, that such provisions do not apply to the requirements of

11-25    Subdivision (3)[, Subsection (a)] of this subsection [section], the

 12-1    requirements of Subdivision (3) shall be applicable.

 12-2          SECTION 5.  Section 13, Texas Health Maintenance Organization

 12-3    Act (Article 20A.13, Vernon's Texas Insurance Code), is amended to

 12-4    read as follows:

 12-5          Sec. 13.  Protection Against Insolvency.  (a)  Unless

 12-6    otherwise provided by this section, each health maintenance

 12-7    organization shall deposit with the comptroller [State Treasurer]

 12-8    cash or securities, or any combination of these or other guarantees

 12-9    that are acceptable to the commissioner [State Board of Insurance],

12-10    in an amount as set forth in this section.

12-11          (b)  For a health maintenance organization which has not

12-12    received a certificate of authority from the State Board of

12-13    Insurance or the commissioner prior to September 1, 1987:

12-14                (1)  the amount of the initial deposit or other

12-15    guarantee shall be $100,000 for an organization offering basic

12-16    health care services, $75,000 for an organization offering limited

12-17    health care services,  and $50,000 for an organization offering a

12-18    single health care service plan;

12-19                (2)  on or before March 15 of the year following the

12-20    year in which the health maintenance organization receives a

12-21    certificate of authority, it shall deposit with the comptroller

12-22    [State Treasurer] an amount equal to the difference between the

12-23    initial deposit and 100 percent of its estimated uncovered health

12-24    care expenses for the first 12 months of operation;

12-25                (3)  on or before March 15 of each subsequent year, it

 13-1    shall deposit the difference between its total uncovered health

 13-2    care expenses based on its annual statement from the previous year

 13-3    and the total amount previously deposited and not withdrawn from

 13-4    the State Treasury; and

 13-5                (4)  in any year in which the amount determined in

 13-6    accordance with Subdivision (3) of this subsection is zero or less

 13-7    than zero, the commissioner [State Board of Insurance] may not

 13-8    require the health maintenance organization to make any additional

 13-9    deposit under this subsection.

13-10          (c)  For a health maintenance organization which has received

13-11    a certificate of authority from the State Board of Insurance prior

13-12    to September 1, 1987:

13-13                (1)  on or before March 15, 1988, the organization

13-14    shall deposit an amount equal to the sum of:

13-15                      (A)  $100,000 for an organization offering basic

13-16    health care services or $50,000 for an organization offering a

13-17    single health care service plan; and

13-18                      (B)  100 percent of the uncovered health care

13-19    expenses for the preceding 12 months of operation;

13-20                (2)  on or before March 15 of each subsequent year, the

13-21    organization shall make additional deposits of the difference

13-22    between its total uncovered health care expenses based on its

13-23    annual statement from the previous year and the total amount

13-24    previously deposited and not withdrawn from the State Treasury; and

13-25                (3)  in any year in which the amount determined in

 14-1    accordance with Subdivision (2) of this subsection is zero or less

 14-2    than zero, the commissioner [State Board of Insurance] may not

 14-3    require the health maintenance organization to make any additional

 14-4    deposit under this subsection.

 14-5          (d)  If, on application made not more than once in each

 14-6    calendar year by a health maintenance organization under this

 14-7    subsection, the commissioner determines that the amount previously

 14-8    deposited by the organization under this section has exceeded the

 14-9    amount required under this section by more than $50,000 for a

14-10    continuous 12-month period, the commissioner shall allow the

14-11    organization to withdraw the portion of the deposit that exceeds by

14-12    more than $50,000 the amount required to be on deposit for that

14-13    organization, unless the commissioner considers that the release of

14-14    a portion of the deposit could be hazardous to enrollees,

14-15    creditors, or the general public.

14-16          (e)  On application made not sooner than the 24th month after

14-17    the effective date of this subsection, if the commissioner

14-18    determines that the amount previously deposited by an organization

14-19    under this section continues to exceed the amount required under

14-20    this section, the commissioner shall allow the organization to

14-21    withdraw the portion of the deposit that exceeds the amount

14-22    required to be on deposit for that organization, unless the

14-23    commissioner considers that the release of the deposit could be

14-24    hazardous to enrollees, creditors, or the general public.

14-25          (f)  Upon application by a health maintenance organization

 15-1    operating for more than one year under a certificate of authority

 15-2    issued by the State Board of Insurance or the commissioner, the

 15-3    commissioner [State Board of Insurance] may waive some or all of

 15-4    the requirements of Subsection (b) or (c) of this section for any

 15-5    period of time it shall deem proper whenever it finds that one or

 15-6    more of the following conditions justifies such waiver:

 15-7                (1)  the total amount of the deposit or other guarantee

 15-8    is equal to 25 percent of the health maintenance organization's

 15-9    estimated uncovered expenses for the next calendar year;

15-10                (2)  the health maintenance organization's net worth is

15-11    equal to at least 25 percent of its estimated uncovered expenses

15-12    for the next calendar year; or

15-13                (3)  either the health maintenance organization has a

15-14    net worth of $5,000,000 or its sponsoring organization has a net

15-15    worth of at least $5,000,000 for each health maintenance

15-16    organization whose uncovered expenses it guarantees.

15-17          (g)  If one or more of the requirements is waived, any amount

15-18    previously deposited shall remain on deposit until released in

15-19    whole or in part by the comptroller [State Treasurer] upon order of

15-20    the commissioner [State Board of Insurance] pursuant to Subsection

15-21    (f) of this section.

15-22          (h)  A health maintenance organization that has made a

15-23    deposit with the comptroller [State Treasurer] may, at its option,

15-24    withdraw the deposit or any part thereof, first having deposited

15-25    with the comptroller [State Treasurer], in lieu thereof, a deposit

 16-1    of cash or securities of equal amount and value to that withdrawn.

 16-2    Any securities shall be approved by the commissioner [State Board

 16-3    of Insurance] before being substituted.

 16-4          (i)  Subject to the phase-in provisions of Subsections (j),

 16-5    (k), and (l) of this section, a [Each] health maintenance

 16-6    organization offering basic health care services shall maintain a

 16-7    minimum surplus of not less than $1,500,000 [$500,000], net of

 16-8    accrued uncovered liabilities, a health maintenance organization

 16-9    offering limited health care services shall maintain a minimum

16-10    surplus of not less than $1,000,000, net of accrued uncovered

16-11    liabilities, and a[.  Each] health maintenance organization

16-12    offering only a single care service shall maintain a minimum

16-13    surplus of not less than $500,000 [$125,000], net of accrued

16-14    uncovered liabilities.  The minimum surplus shall consist only of

16-15    cash, bonds of the United States, bonds of this state, or a

16-16    combination of these.  If a health maintenance organization fails

16-17    to comply with the surplus requirements [requirement of this

16-18    subsection or Subsection (j)] of this section, the commissioner is

16-19    authorized to take appropriate action to assure that the continued

16-20    operation of the health maintenance organization will not be

16-21    hazardous to its enrollees.

16-22          (j)  Notwithstanding any other provision of this section, the

16-23    [The] minimum surplus for a health maintenance organization

16-24    authorized to provide basic health care services [operate on the

16-25    effective date of Subsection (i) of this section] and having a

 17-1    surplus of less than $1,500,000 [$500,000] shall be as follows:

 17-2                (1)  $700,000 [$200,000] by December 31, 1998 [1987];

 17-3                (2)  $900,000 [$250,000] by December 31, 1999 [1988];

 17-4                (3)  $1,100,000 [$300,000] by December 31, 2000 [1989];

 17-5                (4)  $1,300,000 [$350,000] by December 31, 2001 [1990];

 17-6    and

 17-7                (5)  $1,500,000 [$400,000] by December 31, 2002 [1991;]

 17-8                [(6)  $450,000 by December 31, 1992; and]

 17-9                [(7)  $500,000 by December 31, 1993].

17-10          (k)  Notwithstanding any other provision of this section

17-11    [article], a health maintenance organization providing limited

17-12    health care services [authorized to offer only a single health care

17-13    service plan authorized to operate on September 1, 1987,] and

17-14    having a surplus of less than $1,000,000 must possess a minimum

17-15    surplus [$125,000 shall be] as follows:

17-16                (1)  $600,000 [$50,000] by December 31, 1998 [1987];

17-17                (2)  $700,000 [$62,500] by December 31, 1999 [1988];

17-18                (3)  $800,000 [$75,000] by December 31, 2000 [1989];

17-19                (4)  $900,000 [$87,500] by December 31, 2001 [1990];

17-20    and

17-21                (5)  $1,000,000 [$100,000] by December 31, 2002 [1991;]

17-22                [(6)  $112,500 by December 31, 1992; and]

17-23                [(7)  $125,000 by December 31, 1993].

17-24          (l)  Notwithstanding any other provision of this section, a

17-25    health maintenance organization authorized to offer only a single

 18-1    health care service plan and having a surplus of less than $500,000

 18-2    must possess a minimum surplus as follows:

 18-3                (1)  $200,000 by December 31, 1998;

 18-4                (2)  $275,000 by December 31, 1999;

 18-5                (3)  $350,000 by December 31, 2000;

 18-6                (4)  $425,000 by December 31, 2001; and

 18-7                (5)  $500,000 by December 31, 2002.

 18-8          (m)  In the event of the insolvency of a health maintenance

 18-9    organization and on order of the commissioner, the commissioner

18-10    shall allocate equitably the insolvent health maintenance

18-11    organization's group contracts among all health maintenance

18-12    organizations that operate within a portion of the insolvent health

18-13    maintenance organization's service area, taking into consideration

18-14    the resources of each health maintenance organization.  Each health

18-15    maintenance organization to which a group or groups are allocated

18-16    shall offer such group or groups the health maintenance

18-17    organization's coverage at rates determined in accordance with the

18-18    successor health maintenance organization's existing methodology or

18-19    as adjusted by the commissioner.  In addition, the commissioner

18-20    shall allocate equitably among all health maintenance organizations

18-21    that operate within a portion of the insolvent health maintenance

18-22    organization's service area the insolvent health maintenance

18-23    organization's nongroup enrollees, taking into consideration the

18-24    resources of each such health maintenance organization.  Each

18-25    health maintenance organization to which nongroup enrollees are

 19-1    allocated shall offer each such nongroup enrollee that health

 19-2    maintenance organization's existing coverage for individual or

 19-3    conversion coverage as determined by the nongroup enrollee's type

 19-4    of coverage in the insolvent health maintenance organization at

 19-5    rates determined in accordance with the successor health

 19-6    maintenance organization's existing rating methodology or as

 19-7    adjusted by the commissioner.  The successor health maintenance

 19-8    organizations that do not offer direct nongroup enrollment shall

 19-9    provide coverage at rates that reflect the average group rate of

19-10    the successor health maintenance organization.

19-11          SECTION 6.  Subsections (b), (c), and (h), Section 14, Texas

19-12    Health Maintenance Organization Act (Article 20A.14, Vernon's Texas

19-13    Insurance Code), are amended to read as follows:

19-14          (b)  Articles 21.21, 21.21A, 21.21-2, 21.21-3, and 21.21-6,

19-15    Insurance Code, and Chapter 122, Acts of the 57th Legislature,

19-16    Regular Session, 1961 (Article 21.21-1, Vernon's Texas Insurance

19-17    Code), apply to health maintenance organizations that offer [both]

19-18    basic, limited, and single health care coverages and to basic,

19-19    limited, and single health care plans and the evidence of coverage

19-20    under those plans, except to the extent that the commissioner

19-21    determines that the nature of health maintenance organizations and

19-22    health care plans and evidence of coverage renders any provision of

19-23    those articles clearly inappropriate.

19-24          (c)  An enrollee may not be canceled [cancelled] or not

19-25    renewed except for the failure to pay the charges for such

 20-1    coverage, or for such other reason as may be promulgated by rule of

 20-2    the commissioner.

 20-3          (h)  A health maintenance organization that provides coverage

 20-4    for health care services or medical care through one or more

 20-5    providers or physicians who are not partners or employees of the

 20-6    health maintenance organization or one or more providers or

 20-7    physicians that are not owned or operated by the health maintenance

 20-8    organization shall provide a (20) twenty calendar day period each

 20-9    calendar year during which any provider or physician in the

20-10    geographic service area may apply to participate in providing

20-11    health care services or medical care under the terms and conditions

20-12    established by the health maintenance organization for the

20-13    provision of such services and the designation of such providers

20-14    and physicians.  A health maintenance organization will notify, in

20-15    writing, such provider or physician of the reason for

20-16    non-acceptance [nonacceptance] to participate in providing health

20-17    care services or medical care.  This section may not be construed

20-18    to (1) require that a health maintenance organization utilize a

20-19    particular type of provider or physician in its operation;

20-20    (2) require that a health maintenance organization accept a

20-21    provider or physician of a category or type that does not meet the

20-22    practice standards and qualifications established by the health

20-23    maintenance organizations; or (3) require that a health maintenance

20-24    organization contract directly with such providers or physicians.

20-25          SECTION 7.  Subsection (a), Section 20, Texas Health

 21-1    Maintenance Organization Act (Article 20A.20, Vernon's Texas

 21-2    Insurance Code), is amended to read as follows:

 21-3          (a)  The commissioner may suspend or revoke any certificate

 21-4    of authority issued to a health maintenance organization under this

 21-5    Act if the commissioner finds that any of the following conditions

 21-6    exist:

 21-7                (1)  The health maintenance organization is operating

 21-8    significantly in contravention of its basic organizational

 21-9    documents, or its health care plan, or in a manner contrary to that

21-10    described in and reasonably inferred from any other information

21-11    submitted under Section 4 of this Act.

21-12                (2)  The health maintenance organization issues

21-13    evidence of coverage or uses a schedule of charges for health care

21-14    services which does not comply with the requirements of Section 9

21-15    of this Act.

21-16                (3)  The health care plan does not provide or arrange

21-17    for basic health care services, the limited health care service

21-18    plan does not provide or arrange for its limited health care

21-19    services, or the single health care service plan does not provide

21-20    or arrange for a single health care service.

21-21                (4)  The board certifies to the commissioner that:

21-22                      (A)  the health maintenance organization does not

21-23    meet the requirements of Section 5(a)(2) of this Act; or

21-24                      (B)  the health maintenance organization is

21-25    unable to fulfill its obligation to furnish health care services as

 22-1    required under its health care plan, to furnish the limited health

 22-2    care services as required under its limited health care service

 22-3    plan, or to furnish a single health care service as required under

 22-4    its single health care service plan.

 22-5                (5)  The health maintenance organization is no longer

 22-6    financially responsible and may be reasonably expected to be unable

 22-7    to meet its obligations to enrollees or prospective enrollees.

 22-8                (6)  The health maintenance organization has failed to

 22-9    implement the complaint system required by Section 12 of this Act

22-10    in a manner to resolve reasonably valid complaints.

22-11                (7)  The health maintenance organization, or any person

22-12    on its behalf, has advertised or merchandised its services in an

22-13    untrue, misrepresentative, misleading, deceptive, or unfair manner.

22-14                (8)  The continued operation of the health maintenance

22-15    organization would be hazardous to its enrollees.

22-16                (9)  The health maintenance organization has otherwise

22-17    failed to comply substantially with this Act, and any rule and

22-18    regulation thereunder.

22-19          SECTION 8.  Subsection (f), Section 26, Texas Health

22-20    Maintenance Organization Act (Article 20A.26, Vernon's Texas

22-21    Insurance Code), is amended to read as follows:

22-22          (f)(1)  This Act shall not be applicable to:

22-23                      (A)  any physician, so long as that physician is

22-24    engaged in the delivery of care that is within the definition of

22-25    medical care; or

 23-1                      (B)  any provider that is engaged in the delivery

 23-2    of health care services other than medical care as part of a health

 23-3    maintenance organization delivery network.

 23-4                (2)  Except as provided by Section 6(a)(3) of this Act

 23-5    or Subdivision (5) of this subsection, any physician or provider

 23-6    that employs or enters into a contractual arrangement with a

 23-7    provider or group of providers to furnish basic, limited, or single

 23-8    health care services as defined in Section 2 of this Act is subject

 23-9    to the provisions of this Act[,] and shall be required to obtain a

23-10    certificate of authority from the commissioner.

23-11                (3)  Notwithstanding any other law, any physician who

23-12    conducts activities permitted by law but which do not require a

23-13    certificate of authority under this Act, and in the process

23-14    contracts with one or more physicians, shall not, by virtue of such

23-15    contract or arrangement, be deemed to have entered into a

23-16    conspiracy in restraint of trade in violation of Sections 15.01

23-17    through 15.34 of the Business & Commerce Code.

23-18                (4)  Except for Articles 21.07-6 and 21.58A, Insurance

23-19    Code, the insurance laws, including the group hospital service

23-20    corporation law, do not apply to physicians and providers; provided

23-21    that Article 21.58A shall not apply to utilization review

23-22    undertaken by a physician or provider in the ordinary course of

23-23    treatment of patients by a physician or provider pursuant to a

23-24    joint or delegated review agreement or agreements with a health

23-25    maintenance organization on services rendered by the physician or

 24-1    provider.

 24-2                (5)  This Act and the Insurance Code may not be

 24-3    construed to prohibit a physician or provider who is participating

 24-4    in a health maintenance organization delivery network, whether

 24-5    contracting with a health maintenance organization under Section

 24-6    6(a)(3) of this Act or subcontracting with a physician or provider

 24-7    in the health maintenance organization delivery network, from

 24-8    entering into a contractual arrangement within a health maintenance

 24-9    organization delivery network described under Subdivisions (6)-(9)

24-10    of this subsection.

24-11                (6)  A physician may contract to provide medical care

24-12    or arrange to provide medical care through subcontracts with other

24-13    physicians.  A physician may contract to provide through other

24-14    providers any services that are ancillary to the practice of

24-15    medicine, other than hospital or other institutional or inpatient

24-16    provider services.

24-17                (7)  A provider may contract to provide, or arrange to

24-18    provide through subcontracts with similarly licensed providers, any

24-19    health care services that those providers are licensed to provide,

24-20    other than medical care.

24-21                (8)  A provider may contract to provide, or arrange to

24-22    provide through subcontracts with other providers, a health care

24-23    service that the provider is not licensed to provide, other than

24-24    medical care, if the contracted or subcontracted services

24-25    constitute less than 15 percent of the total amount of services to

 25-1    be provided by that provider or arranged to be provided for by that

 25-2    provider.

 25-3                (9)  A contract or subcontract authorized under

 25-4    Subdivision (6), (7), or (8) of this subsection may provide for

 25-5    compensation based on a fee-for-service arrangement, a risk-sharing

 25-6    arrangement, or a capitated risk arrangement under which a fixed

 25-7    predetermined payment is made in exchange for the provision of, or

 25-8    the arrangement to provide and the guaranty of the provision of, a

 25-9    defined set of covered services to the covered persons for a

25-10    specified period, regardless of the amount of services actually

25-11    provided.

25-12          SECTION 9.  Section 31, Texas Health Maintenance Organization

25-13    Act (Article 20A.31, Vernon's Texas Insurance Code), is amended to

25-14    read as follows:

25-15          Sec. 31.  JURISDICTION FOR INJUNCTIONS AND RECEIVERSHIP AND

25-16    DELINQUENCY PROCEEDINGS.  (a)  When it appears to the commissioner

25-17    that a health maintenance organization or other person is violating

25-18    or has violated this Act or any rule or regulation issued pursuant

25-19    to this Act, the commissioner may bring suit in a district court of

25-20    Travis County to enjoin the violation and for such other relief as

25-21    the court may deem appropriate.

25-22          (b)  In addition to all other remedies available by law, when

25-23    it appears to the commissioner that a health maintenance

25-24    organization or other person is insolvent or does not possess the

25-25    surplus required by Section 13 of this Act, the commissioner may

 26-1    bring suit in a district court of Travis County to be named

 26-2    receiver in accordance with Section 21 of this Act and Article

 26-3    21.28, Insurance Code.

 26-4          (c)  A court of competent jurisdiction may find that a

 26-5    receiver should take charge of the assets of a health maintenance

 26-6    organization and name the commissioner as the receiver of the

 26-7    health maintenance organization in accordance with Section 21 of

 26-8    this Act and Article 21.28, Insurance Code.

 26-9          (d)  The operations and business of a health maintenance

26-10    organization represent the business of insurance for purposes of

26-11    Section 21 of this Act and Articles 21.28 and 21.28-A, Insurance

26-12    Code.

26-13          (e)  Exclusive venue of receivership and delinquency

26-14    proceedings for a health maintenance organization shall be in

26-15    Travis County.

26-16          SECTION 10.  Subsection (d), Section 33, Texas Health

26-17    Maintenance Organization Act (Article 20A.33, Vernon's Texas

26-18    Insurance Code), is amended to read as follows:

26-19          (d)  The commissioner shall annually determine the rate of

26-20    assessment of a per capita maintenance tax to be paid on an annual

26-21    or semiannual basis, on the correctly reported gross revenues for

26-22    the issuance of health maintenance certificates or contracts

26-23    collected by all authorized health maintenance organizations

26-24    issuing such coverages in this state.  The rate of assessment may

26-25    not exceed $2 for each enrollee.  The rate of assessment may differ

 27-1    between basic health care plans, limited health care service plans,

 27-2    and single health care service plans and shall equitably reflect

 27-3    any differences in regulatory resources attributable to each type

 27-4    of plan.  The comptroller shall collect the maintenance tax.

 27-5          SECTION 11.  Subsections (a), (b), (c), (e), and (g), Section

 27-6    36, Texas Health Maintenance Organization Act (Article 20A.36,

 27-7    Vernon's Texas Insurance Code), are amended to read as follows:

 27-8          (a)  The Health Maintenance Organization Solvency

 27-9    Surveillance Committee is created under the direction of the

27-10    commissioner.  The committee shall perform its functions under a

27-11    plan of operation approved by the commissioner [State Board of

27-12    Insurance].  The committee is composed of nine members appointed by

27-13    the commissioner of insurance.  No two members may be employees or

27-14    officers of the same health maintenance organization or holding

27-15    company system.  The qualifications for membership, terms of

27-16    office, and reimbursement of expenses shall be as provided by the

27-17    plan of operation approved by the commissioner [State Board of

27-18    Insurance].  A "member" is a Texas licensed health maintenance

27-19    organization as defined in Section 2(j) of this Act or a public

27-20    representative.  The commissioner of insurance shall appoint the

27-21    member along with the officer or employee of the member who shall

27-22    serve on the committee if the member is a representative of a Texas

27-23    licensed health maintenance organization or its holding company

27-24    system.  Five of the members shall represent health maintenance

27-25    organizations or their holding company system.  Of the health

 28-1    maintenance organization members, one shall be a limited health

 28-2    care service plan as defined in Section 2(l) of this Act, if one

 28-3    exists at the time of appointment, and one shall be a single health

 28-4    care service plan as defined in Section 2(u) [2(s)] of this Act.

 28-5    The remaining health maintenance organization members shall be

 28-6    selected by the commissioner of insurance with due consideration of

 28-7    factors deemed appropriate including, but not limited to, the

 28-8    varying categories of premium income and geographical location.

 28-9          A public representative may not be:

28-10                (1)  an officer, director, or employee of a health

28-11    maintenance organization, a health maintenance organization agent,

28-12    or any other business entity regulated by the commissioner [State

28-13    Board of Insurance];

28-14                (2)  a person required to register as a lobbyist [with

28-15    the secretary of state] under Chapter 305, Government Code; or

28-16                (3)  related to a person described by Subdivision (1)

28-17    or (2) of this subsection within the second degree of affinity or

28-18    consanguinity.

28-19          (b)(1)  The committee shall assist and advise the

28-20    commissioner relating to the detection and prevention of insolvency

28-21    problems regarding health maintenance organizations.  The committee

28-22    shall also assist and advise the commissioner regarding any health

28-23    maintenance organization placed in rehabilitation, liquidation,

28-24    supervision, or conservation.  The method of providing this

28-25    assistance and advice shall be as contained in the plan of

 29-1    operation approved by the commissioner [State Board of Insurance].

 29-2                (2)  Reports regarding the financial condition of Texas

 29-3    licensed health maintenance organizations and regarding the

 29-4    financial condition, administration, and status of health

 29-5    maintenance organizations in rehabilitation, liquidation,

 29-6    supervision, or conservation shall be provided to the committee

 29-7    members at meetings.  Committee members shall not reveal the

 29-8    condition of nor any information secured in the course of any

 29-9    meeting of the Solvency Surveillance Committee with regard to any

29-10    corporation, form or person examined by the committee.  Committee

29-11    proceedings shall be filed with the commissioner [and reported to

29-12    the members of the State Board of Insurance].

29-13          (c)  To provide funds for the administrative expenses of the

29-14    commissioner [State Board of Insurance] regarding rehabilitation,

29-15    liquidation, supervision, or conservation of an impaired health

29-16    maintenance organization in this state, the committee, at the

29-17    commissioner's direction, shall assess each health maintenance

29-18    organization licensed in this state in the proportion that the

29-19    gross premiums of that health maintenance organization written in

29-20    this state during the preceding calendar year bear to the aggregate

29-21    gross premiums written in this state by all health maintenance

29-22    organizations, as furnished to the committee by the commissioner

29-23    after review of annual statements and other reports the

29-24    commissioner considers necessary.  Assessments to supplement or pay

29-25    for administrative expenses of rehabilitation, liquidation,

 30-1    supervision, or conservation may be made only after the

 30-2    commissioner determines that adequate assets of the health

 30-3    maintenance organization are not immediately available for those

 30-4    purposes or that use of those assets could be detrimental to

 30-5    rehabilitation, liquidation, supervision, or conservation.  The

 30-6    commissioner may abate or defer the assessments, either in whole or

 30-7    in part, if, in the opinion of the commissioner, payment of the

 30-8    assessment would endanger the ability of a health maintenance

 30-9    organization to fulfill its contractual obligations.  If an

30-10    assessment is abated or deferred, either in whole or in part, the

30-11    amount by which the assessment is abated or deferred may be

30-12    assessed against the remaining licensed health maintenance

30-13    organizations in a manner consistent with the basis for assessments

30-14    provided by the plan of operation approved by the commissioner

30-15    [State Board of Insurance].  The total of all assessments on a

30-16    health maintenance organization may not exceed one-quarter of one

30-17    percent of the health maintenance organization's gross premiums in

30-18    any one calendar year.

30-19          (e)  Not later than the 180th day after the date on which the

30-20    final member of the committee is appointed, the committee shall

30-21    submit to the commissioner [State Board of Insurance] a plan of

30-22    operation.  The plan of operation takes effect on approval in

30-23    writing by the commissioner [State Board of Insurance].  If the

30-24    committee fails to submit a suitable plan of operation within the

30-25    period set by this subsection, or if, after the adoption of a plan,

 31-1    the committee fails to submit suitable amendments to the plan, the

 31-2    commissioner [State Board of Insurance] may, after notice and

 31-3    hearing, adopt rules as necessary to implement this Act.  Those

 31-4    rules continue in effect until modified by the commissioner [State

 31-5    Board of Insurance] or superseded by a plan submitted by the

 31-6    committee and approved by the commissioner [State Board of

 31-7    Insurance].

 31-8          (g)  A licensed health maintenance organization or its agents

 31-9    or employees, the committee or its agents, employees, or members,

31-10    or the [State Board of Insurance, the] commissioner[,] or the

31-11    commissioner's [their] representatives are not liable in a civil

31-12    action for any act taken or not taken in good faith in the

31-13    performance of powers and duties under this section.

31-14          SECTION 12.  This Act takes effect September 1, 1997.

31-15          SECTION 13.  The importance of this legislation and the

31-16    crowded condition of the calendars in both houses create an

31-17    emergency and an imperative public necessity that the

31-18    constitutional rule requiring bills to be read on three several

31-19    days in each house be suspended, and this rule is hereby suspended.

                                                                S.B. No. 382

         ________________________________   ________________________________

            President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 382 passed the Senate on

         March 6, 1997, by a viva-voce vote; May 29, 1997, Senate refused to

         concur in House amendments and requested appointment of Conference

         Committee; May 30, 1997, House granted request of the Senate;

         June 1, 1997, Senate adopted Conference Committee Report by a

         viva-voce vote.

                                            _______________________________

                                                Secretary of the Senate

               I hereby certify that S.B. No. 382 passed the House, with

         amendments, on May 25, 1997, by a non-record vote; May 30, 1997,

         House granted request of the Senate for appointment of Conference

         Committee; June 1, 1997, House adopted Conference Committee Report

         by a non-record vote.

                                            _______________________________

                                                Chief Clerk of the House

         Approved:

         ________________________________

                     Date

         ________________________________

                   Governor