1-1           By:  Cain, et al.                                S.B. No. 383

 1-2           (In the Senate - Filed January 30, 1997; February 3, 1997,

 1-3     read first time and referred to Committee on Economic Development;

 1-4     March 3, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 11, Nays 0; March 3, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 383                     By:  Cain

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the regulation of preferred provider benefit plans.

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

1-12           SECTION 1.  Chapter 3, Insurance Code, is amended by adding

1-13     Article 3.70-3C to read as follows:

1-14               Art. 3.70-3C.  PREFERRED PROVIDER BENEFIT PLANS

1-15           Sec. 1.  DEFINITIONS.  In this article:

1-16                 (1)  "Emergency care" means health care services

1-17     provided in a hospital emergency facility or comparable facility to

1-18     evaluate and stabilize medical conditions of a recent onset and

1-19     severity, including but not limited to severe pain, that would lead

1-20     a prudent layperson, possessing an average knowledge of medicine

1-21     and health, to believe that the person's condition, sickness, or

1-22     injury is of such a nature that failure to get immediate medical

1-23     care could result in:

1-24                       (A)  placing the patient's health in serious

1-25     jeopardy;

1-26                       (B)  serious impairment to bodily functions;

1-27                       (C)  serious dysfunction of any bodily organ or

1-28     part;

1-29                       (D)  serious disfigurement; or

1-30                       (E)  in the case of a pregnant woman, serious

1-31     jeopardy to the health of the fetus.

1-32                 (2)  "Health insurance policy" means a group or

1-33     individual insurance policy, certificate, or contract providing

1-34     benefits for medical or surgical expenses incurred as a result of

1-35     an accident or sickness.

1-36                 (3)  "Health care provider" or "provider" means any

1-37     practitioner, institutional provider, or other person or

1-38     organization that furnishes health care services and that is

1-39     licensed or otherwise authorized to practice in this state, other

1-40     than a physician.

1-41                 (4)  "Hospital" means a licensed public or private

1-42     institution as defined in Chapter 241, Health and Safety Code, or

1-43     in Subtitle C, Title 7, Health and Safety Code.

1-44                 (5)  "Institutional provider" means a hospital, nursing

1-45     home, or any other medical or health-related service facility

1-46     caring for the sick or injured or providing care for other coverage

1-47     which may be provided in a health insurance policy.

1-48                 (6)  "Insurer" means any life, health, and accident;

1-49     health and accident; or health insurance company or company

1-50     operating pursuant to Chapter 3, 10, 20, 22, or 26 of this code

1-51     authorized to issue, deliver, or issue for delivery in this state

1-52     health insurance policies, certificates, or contracts.

1-53                 (7)  "Life threatening" means a disease or condition

1-54     where the likelihood of death is high unless the course of the

1-55     disease or condition is interrupted.

1-56                 (8)  "Physician" means anyone licensed to practice

1-57     medicine in the State of Texas;

1-58                 (9)  "Practitioner" means a person who practices a

1-59     healing art and is a practitioner specified in Section 2(B),

1-60     Chapter 397, Acts of the 54th Legislature, 1955 (Article 3.70-2,

1-61     Vernon's Texas Insurance Code), or Article 21.52 of this code.

1-62                 (10)  "Preferred provider" means a physician,

1-63     practitioner, hospital, institutional provider, or health care

1-64     provider, or an organization of physicians or health care

 2-1     providers, who contracts with an insurer to provide medical care or

 2-2     health care to insureds covered by a health insurance policy,

 2-3     certificate, or contract.

 2-4                 (11)  "Prospective insured" means:

 2-5                       (A)  for group coverage, an individual, including

 2-6     dependents, eligible for coverage under a health insurance policy

 2-7     issued to the group; or

 2-8                       (B)  for individual coverage, an individual,

 2-9     including dependents, eligible for coverage who has expressed an

2-10     interest in purchasing an individual health insurance policy.

2-11                 (12)  "Quality assessment" means a mechanism which is

2-12     in place or put into place and utilized by an insurer for the

2-13     purposes of evaluating, monitoring, or improving the quality and

2-14     effectiveness of the medical care delivered by physicians or health

2-15     care providers to persons covered by a health insurance policy to

2-16     insure that the care delivered is consistent with that delivered by

2-17     an ordinary, reasonable, prudent physician or health care provider

2-18     under the same or similar circumstances.

2-19                 (13)  "Service area" means a geographic area or areas

2-20     set forth in the health insurance policy or preferred provider

2-21     contract in which a network of preferred providers is offered and

2-22     available.

2-23           Sec. 2.  APPLICATION.  This article applies to any preferred

2-24     provider benefit plan in which an insurer provides, through its

2-25     health insurance policy, for the payment of a level of coverage

2-26     which is different from the basic level of coverage provided by the

2-27     health insurance policy if the insured uses a preferred provider.

2-28     This article does not apply to provisions for dental care benefits

2-29     in any health insurance policy.

2-30           Sec. 3.  CONTRACTING REQUIREMENTS.  (a)  A health insurance

2-31     policy that includes different benefits from the basic level of

2-32     coverage for the use of preferred providers shall not be considered

2-33     unjust under Article 3.42 of this code, or unfair discrimination

2-34     under Article 21.21-6, as added by Chapter 415, Acts of the 74th

2-35     Legislature, 1995, or Article 21.21-8 of this code or to violate

2-36     Subsection (B), Section 2, Chapter 397, Acts of the 54th

2-37     Legislature, 1955 (Article 3.70-2, Vernon's Texas Insurance Code),

2-38     or Article 21.52 of this code, if it meets the requirements of this

2-39     section.

2-40           (b)(1)  Physicians, practitioners, institutional providers,

2-41     and health care providers other than physicians, practitioners, and

2-42     institutional providers, if such other health care providers are

2-43     included by the insurer as preferred providers, licensed to treat

2-44     injuries or illnesses or to provide services covered by the health

2-45     insurance policy that comply with the terms and conditions

2-46     established by the insurer for designation as preferred providers

2-47     may apply for and shall be afforded a fair, reasonable, and

2-48     equivalent opportunity to become preferred providers.  Such

2-49     designation shall not be unreasonably withheld.

2-50                 (2)  If a designation as a preferred provider is

2-51     withheld relating to a physician or practitioner, the insurer shall

2-52     provide a reasonable review mechanism that incorporates, in an

2-53     advisory role only, a review panel.  Any recommendation of the

2-54     panel shall be provided on request to the affected physician or

2-55     practitioner.  In the event of an insurer determination contrary to

2-56     any recommendation of the panel, a written explanation of the

2-57     insurer's determination shall also be provided on request to the

2-58     affected physician or practitioner.

2-59                 (3)  The review panel shall be composed of not less

2-60     than three individuals selected by the insurer from a list of the

2-61     physicians or practitioners contracting with the insurer and shall

2-62     include one member who is a physician or practitioner in the same

2-63     or similar specialty as the affected physician or practitioner, if

2-64     available.  The list of physicians or practitioners is to be

2-65     provided to the insurer by the physicians or practitioners

2-66     contracting with the insurer in the applicable service area.

2-67                 (4)  The insurer must give a physician or health care

2-68     provider not designated on initial application written reasons for

2-69     denial of the designation; however, unless otherwise limited by

 3-1     this code, this section does not prohibit an insurer from rejecting

 3-2     an application from a physician or health care provider based on a

 3-3     determination that the preferred provider benefit plan has

 3-4     sufficient qualified providers.

 3-5           (c)  Any insurer, when sponsoring a preferred provider

 3-6     benefit plan, shall immediately notify, by publication or in

 3-7     writing to each physician and practitioner, all physicians and

 3-8     practitioners in the geographic area covered by the plan of its

 3-9     intent to offer such a plan and of the opportunity to participate.

3-10     Such notice and opportunity shall be provided on a yearly basis

3-11     thereafter to noncontracting physicians and practitioners in the

3-12     geographic area covered by the plan.  The insurer shall on request

3-13     make available to any physician or health care provider information

3-14     concerning the application process and qualification requirements

3-15     for participation as a provider in the plan.

3-16           (d)  Insurers which market a preferred provider benefit plan

3-17     must contract with physicians and health care providers to assure

3-18     that all medical and health care services and items contained in

3-19     the package of benefits for which coverage is provided, including

3-20     treatment of illnesses and injuries, will be provided under the

3-21     health insurance policy in a manner assuring both availability and

3-22     accessibility of adequate personnel, specialty care, and

3-23     facilities.

3-24           (e)  Each insured patient shall have the right to treatment

3-25     and diagnostic techniques as prescribed by the physician or other

3-26     health care provider included in the preferred provider benefit

3-27     plan.

3-28           (f)  Every contract by an insurer with a physician,

3-29     physicians group, or practitioner shall have a mechanism for the

3-30     resolution of complaints initiated by the insured, physicians,

3-31     physicians groups, or practitioners.  Such mechanism shall provide

3-32     for reasonable due process which includes, in an advisory role

3-33     only, a review panel selected in the manner described in Subsection

3-34     (b)(3) of this section.

3-35           (g)  Before terminating a contract with a preferred provider,

3-36     the insurer shall provide written reasons for the termination.

3-37     Prior to termination of a physician or practitioner, the insurer

3-38     shall, on request, provide a reasonable review mechanism that

3-39     incorporates, in an advisory role only, a review panel selected in

3-40     the manner described in Subsection (b)(3) of this section, except

3-41     in cases in which there is imminent harm to a patient's health or

3-42     an action by a state medical or other physician licensing board or

3-43     other government agency that effectively impairs a physician's or

3-44     practitioner's ability to practice medicine or in cases of fraud or

3-45     malfeasance.  Any recommendation of the panel shall be provided to

3-46     the affected physician or practitioner.  In the event of an insurer

3-47     determination contrary to any recommendation of the panel, a

3-48     written explanation of the insurer's determination shall also be

3-49     provided on request to the affected physician or practitioner.  On

3-50     request, an expedited review process  shall be made available to a

3-51     physician or practitioner who is being terminated.  The expedited

3-52     review process shall comply with rules established by the

3-53     commissioner.

3-54           (h)  An insurer that conducts, uses, or relies on economic

3-55     profiling to admit or terminate physicians or health care providers

3-56     shall make available to a physician or health care provider on

3-57     request the economic profile of that physician or health care

3-58     provider, including the written criteria by which the physician or

3-59     health care provider's performance is to be measured.  An economic

3-60     profile must be adjusted to recognize the characteristics of a

3-61     physician's or health care provider's practice that may account for

3-62     variations from expected costs.

3-63           (i)  No insurer shall engage in quality assessment except

3-64     through a panel of not less than three physicians selected by the

3-65     insurer from among a list of physicians contracting with the

3-66     insurer, which list is to be provided by the physicians contracting

3-67     with the insurer in the applicable service area.

3-68           (j)  A preferred provider contract may not require any health

3-69     care provider, physician, or physicians group to execute hold

 4-1     harmless clauses in order to shift the insurer's tort liability

 4-2     resulting from acts or omissions of the insurer to the preferred

 4-3     provider.

 4-4           (k)  A preferred provider contract must include a provision

 4-5     by which the physician or health care provider agrees that if the

 4-6     preferred provider is compensated on a discounted fee basis, the

 4-7     insured may be billed only on the discounted fee and not the full

 4-8     charge.

 4-9           (l)  An insurer may enter into an agreement with a preferred

4-10     provider organization for the purposes of offering a network of

4-11     preferred providers.  The agreement may  provide that the notice

4-12     and other insurer requirements of this section may be complied with

4-13     by either the insurer or the preferred provider organization on the

4-14     insurer's behalf.  If an insurer enters into an agreement with a

4-15     preferred provider organization under this section, it is the

4-16     insurer's responsibility to meet the requirements of this article

4-17     or to assure that the requirements are met.  All preferred provider

4-18     insurance benefit plans offered in this state shall comply with the

4-19     requirements of this article.

4-20           Sec. 4.  CONTINUITY OF CARE.  (a)  The insurer shall

4-21     establish reasonable procedures for assuring a transition of

4-22     insureds to physicians or health care providers and for continuity

4-23     of treatment.  Insurers shall provide, subject to Section 6(e) of

4-24     this article, reasonable advance notice to the insured of the

4-25     impending termination from the plan of a physician or health care

4-26     provider who is currently treating the insured and in the event of

4-27     termination of a preferred provider's participation in the plan

4-28     shall make available to the insured a current listing of preferred

4-29     providers.

4-30           (b)  Each contract between an insurer and a physician or

4-31     health care provider must provide that the termination of a

4-32     preferred provider's participation in the plan, except for reason

4-33     of medical competence or professional behavior, shall not release

4-34     the physician or health care provider from the generally recognized

4-35     obligation to treat the insured and cooperate in arranging for

4-36     appropriate referrals; nor does it release the insurer from the

4-37     obligation to reimburse the physician or health care provider or,

4-38     if applicable, the insured at the same preferred provider rate if,

4-39     at the time of the preferred provider's termination, the insured

4-40     has special circumstances such as a disability, acute condition, or

4-41     life-threatening illness or is past the 24th week of pregnancy and

4-42     is receiving treatment in accordance with the dictates of medical

4-43     prudence.

4-44           (c)  For purposes of Subsection (b) of this section, "special

4-45     circumstances" means a condition such that the treating physician

4-46     or health care provider reasonably believes that discontinuing care

4-47     by the treating physician or provider could cause harm to the

4-48     patient.  Special circumstances shall be identified by the treating

4-49     physician or health care provider, who must request that the

4-50     insured be permitted to continue treatment under the physician's or

4-51     provider's care and agree not to seek payment from the patient of

4-52     any amounts for which the insured would not be responsible if the

4-53     physician or provider were still a preferred provider.

4-54           (d)  Contracts between an insurer, physicians, and health

4-55     care providers shall include procedures for resolving disputes

4-56     regarding the necessity for continued treatment by a physician or

4-57     provider.

4-58           (e)  This section does not extend the obligation of the

4-59     insurer to reimburse, at the preferred provider level of coverage,

4-60     the terminated physician or health care provider or, if applicable,

4-61     the insured for ongoing treatment of an insured after the 90th day

4-62     from the effective date of the termination.  However, the

4-63     obligation of the insurer to reimburse, at the preferred provider

4-64     level of coverage, the terminated physician or health care provider

4-65     or, if applicable, the insured who at the time of the termination

4-66     is past the 24th week of pregnancy, extends through delivery of the

4-67     child, immediate post-partum care, and the follow-up checkup within

4-68     the first six weeks of delivery.

4-69           Sec. 5.  EMERGENCY CARE PROVISIONS.  If the insured cannot

 5-1     reasonably reach a preferred provider, an insurer shall provide

 5-2     reimbursement for the following emergency care services at the

 5-3     preferred level of benefits until the insured can reasonably be

 5-4     expected to transfer to a preferred provider:

 5-5                 (1)  any medical screening examination or other

 5-6     evaluation required by state or federal law to be provided in the

 5-7     emergency facility of a hospital which is necessary to determine

 5-8     whether a medical emergency condition exists;

 5-9                 (2)  necessary emergency care services including the

5-10     treatment and stabilization of an emergency medical condition; and

5-11                 (3)  services originating in a hospital emergency

5-12     facility following treatment or stabilization of an emergency

5-13     medical condition.

5-14           Sec. 6.  MANDATORY DISCLOSURE REQUIREMENTS.  (a)  All health

5-15     insurance policies, health benefit plan certificates, endorsements,

5-16     amendments, applications, or riders shall be written in plain

5-17     language, must be in a readable and understandable format, and must

5-18     comply with all applicable requirements relating to minimum

5-19     readability requirements.

5-20           (b)  The insurer shall provide to a current or prospective

5-21     group contract holder or current or prospective insured on request

5-22     an accurate written description of the terms and conditions of the

5-23     policy to allow the current or prospective group contract holder or

5-24     current or prospective insured to make comparisons and informed

5-25     decisions before selecting among health care plans.  The written

5-26     description must be in a readable and understandable format as

5-27     prescribed by the commissioner and must include a current list of

5-28     preferred providers.  The insurer may provide its handbook to

5-29     satisfy this requirement provided  the handbook's content is

5-30     substantively similar to and achieves the same level of disclosure

5-31     as the written description prescribed by the commissioner and the

5-32     current list of physicians and health care providers is provided.

5-33           (c)  A current list of preferred providers shall be provided

5-34     to all insureds no less than annually.

5-35           (d)  No insurer, or agent or representative of an insurer,

5-36     may cause or permit the use or distribution of prospective insured

5-37     information which is untrue or misleading.

5-38           (e)(1)  If a physician or practitioner is terminated for

5-39     reasons other than at the preferred provider's request, an insurer

5-40     shall not notify enrollees of the termination until the effective

5-41     date of the termination or at such time as a review panel makes a

5-42     formal recommendation regarding the termination, whichever is

5-43     later.

5-44                 (2)  If a physician or provider voluntarily terminates

5-45     the physician's or provider's relationship with an insurer, the

5-46     physician or provider shall provide reasonable notice to enrollees

5-47     under the physician's or provider's care.  The insurer shall

5-48     provide assistance to the physician or provider in assuring that

5-49     the notice requirements of this subdivision are met.

5-50                 (3)  If a physician or practitioner is terminated for

5-51     reasons related to imminent harm, an insurer may notify enrollees

5-52     immediately.

5-53           Sec. 7.  PROHIBITED PRACTICES.  (a)  No insurer shall engage

5-54     in any retaliatory action against an insured, including

5-55     cancellation of or refusal to renew a policy, because the insured,

5-56     or a person acting on behalf of the insured, has filed a complaint

5-57     against the insurer or against a preferred provider or has appealed

5-58     a decision of the insurer.

5-59           (b)  No insurer shall engage in any retaliatory action

5-60     against a physician or health care provider, including termination

5-61     of or refusal to renew a contract, because the physician or

5-62     provider has, on behalf of an insured, reasonably filed a complaint

5-63     against the insurer or has appealed a decision of the insurer.

5-64           (c)(1)  An insurer shall not, as a condition of a contract

5-65     with a physician or health care provider or in any other manner,

5-66     prohibit, attempt to prohibit, nor discourage a physician or

5-67     provider from:

5-68                       (A)  discussing with or communicating to a

5-69     current, prospective, or former patient, or a party designated by a

 6-1     patient, information  or opinions regarding that patient's health

 6-2     care, including but not limited to the patient's medical condition

 6-3     or treatment options; or

 6-4                       (B)  discussing with or communicating in good

 6-5     faith to a current, prospective, or former patient, or a party

 6-6     designated by a patient, information or opinions regarding the

 6-7     provisions, terms, requirements, or services of the health care

 6-8     plan as they relate to the medical needs of the patient.

 6-9                 (2)  An insurer shall not in any way penalize,

6-10     terminate, nor refuse to compensate for covered services a

6-11     physician or provider for discussing or communicating with a

6-12     current, prospective, or former patient, or a party designated by a

6-13     patient, pursuant to this section.

6-14           (d)  An insurer shall not use any financial incentive or make

6-15     payment to a physician or health care provider which acts directly

6-16     or indirectly as an inducement to limit medically necessary

6-17     services.

6-18           Sec. 8.  AVAILABILITY OF PREFERRED PROVIDERS.  (a)  Any

6-19     insurer offering a preferred provider benefit plan must ensure that

6-20     both preferred provider benefits and basic level benefits are

6-21     reasonably available to all insureds within a designated service

6-22     area.

6-23           (b)  If services are not available through preferred

6-24     providers within the service area, nonpreferred providers shall be

6-25     reimbursed at the same percentage level of reimbursement as the

6-26     preferred providers would have been reimbursed had the insured been

6-27     treated by them.  Nothing in this subsection requires reimbursement

6-28     at a preferred level of coverage solely because an insured resides

6-29     out of the service area and chooses to receive services from

6-30     providers other than preferred providers for the insured's own

6-31     convenience.

6-32           Sec. 9.  RULEMAKING AUTHORITY.  The commissioner shall adopt

6-33     rules as necessary to implement the provisions of this article and

6-34     to ensure reasonable accessibility and availability of preferred

6-35     provider and basic level benefits to Texas citizens.

6-36           SECTION 2.  The requirements of Article 3.70-3C, Insurance

6-37     Code, as added by Section 1 of this Act, apply to any insurance

6-38     policy or contract issued, delivered, or renewed on or after the

6-39     effective date of this Act.

6-40           SECTION 3.  The importance of this legislation and the

6-41     crowded condition of the calendars in both houses create an

6-42     emergency and an imperative public necessity that the

6-43     constitutional rule requiring bills to be read on three several

6-44     days in each house be suspended, and this rule is hereby suspended,

6-45     and that this Act take effect and be in force from and after its

6-46     passage, and it is so enacted.

6-47                                  * * * * *