75R12763 PB-F                          

         By Sibley                                              S.B. No. 385

         Substitute the following for S.B. No. 385:

         By Smithee                                         C.S.S.B. No. 385

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the regulation of health maintenance organizations.

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

 1-4           SECTION 1.  Section 2, Texas Health Maintenance Organization

 1-5     Act (Article 20A.02, Vernon's Texas Insurance Code), is amended to

 1-6     read as follows:

 1-7           Sec. 2.  DEFINITIONS.  For the purposes of this Act:

 1-8           (a)  "Adverse determination" means a determination by a

 1-9     health maintenance organization or a utilization review agent that

1-10     the health care services furnished to a patient or proposed to be

1-11     furnished to a patient are not medically necessary or not

1-12     appropriate in the allocation of health care resources.

1-13           (b)  "Basic health care services" means health care services

1-14     which the commissioner determines an enrolled population might

1-15     reasonably require in order to be maintained in good health,

1-16     including, at [as] a minimum, services designated as basic health

1-17     services under Section 1302, Title XIII, Public Health Service Act

1-18     (42 U.S.C. Section 300e-1(1)) [emergency care, inpatient hospital

1-19     and medical services, and outpatient medical services].

1-20           [(b)  "Board" means the Texas Board of Health.]

1-21           (c)  "Capitation" means a method of compensation to a

1-22     physician or provider based on a predetermined payment per enrollee

1-23     for a specified period for certain enrollees in exchange for

1-24     arranging for or providing a defined set of covered health care

 2-1     services to those enrollees for a specified period, regardless of

 2-2     the amount of services actually provided.

 2-3           (d)  "Commissioner" means the commissioner of insurance.

 2-4           (e)  "Complainant" means an enrollee, or a physician,

 2-5     provider, or other person designated to act on behalf of an

 2-6     enrollee, who files a complaint.

 2-7           (f)  "Complaint" means any dissatisfaction, expressed by a

 2-8     complainant orally or in writing to the health maintenance

 2-9     organization, with any aspect of the health maintenance

2-10     organization's operation, including dissatisfaction expressed by a

2-11     complainant with the plan administration, appeal of an adverse

2-12     determination, the denial, reduction, or termination of a service,

2-13     the way a service is provided, or disenrollment decisions.  A

2-14     complaint is not a misunderstanding or a problem of misinformation

2-15     that is resolved promptly by clearing up the misunderstanding or

2-16     supplying the appropriate information to the satisfaction of the

2-17     enrollee.

2-18           (g)  "Emergency care" means health care services provided in

2-19     a hospital emergency facility or comparable facility to evaluate

2-20     and stabilize medical conditions of recent onset and severity,

2-21     including severe pain, that would lead a prudent layperson,

2-22     possessing an average knowledge of medicine and health, to believe

2-23     that his or her condition, sickness, or injury is of such a nature

2-24     that failure to get immediate medical care could result in:

2-25                 (1)  placing the patient's health in serious jeopardy;

2-26                 (2)  serious impairment to bodily functions;

2-27                 (3)  serious dysfunction of any bodily organ or part;

 3-1                 (4)  serious disfigurement; or

 3-2                 (5)  in the case of a pregnant woman, serious jeopardy

 3-3     to the health of the fetus.

 3-4           (h) [(d)]  "Enrollee" means an individual who is enrolled in

 3-5     a health care plan, including covered dependents.

 3-6           (i) [(e)]  "Evidence of coverage" means any certificate,

 3-7     agreement, or contract issued to an enrollee setting out the

 3-8     coverage to which the enrollee is entitled.

 3-9           (j) [(f)]  "Group hospital service corporation" means a

3-10     nonprofit corporation organized and operating under Chapter 20 of

3-11     the Insurance Code.

3-12           (k) [(g)]  "Health care" means prevention, maintenance,

3-13     rehabilitation, pharmaceutical, mental health, and chiropractic

3-14     services provided by qualified persons, other than medical care.

3-15           (l) [(h)]  "Health care plan" means any plan whereby any

3-16     person undertakes to provide, arrange for, pay for, or reimburse

3-17     any part of the cost of any health care services; provided,

3-18     however, a part of such plan consists of arranging for or the

3-19     provision of health care services, as distinguished from

3-20     indemnification against the cost of such service, on a prepaid

3-21     basis through insurance or otherwise.

3-22           (m) [(i)]  "Health care services" means any services,

3-23     including the furnishing to any individual of pharmaceutical

3-24     services, medical, chiropractic, mental health, or dental care, or

3-25     hospitalization or incident to the furnishing of such services,

3-26     care, or hospitalization, as well as the furnishing to any person

3-27     of any and all other services for the purpose of preventing,

 4-1     alleviating, curing or healing human illness or injury or a single

 4-2     health care service plan.

 4-3           (n) [(j)]  "Health maintenance organization" means any person

 4-4     who arranges for or provides a health care plan or a single health

 4-5     care service plan to enrollees on a prepaid basis.

 4-6           (o)  "Life-threatening" means a disease or condition for

 4-7     which the likelihood of death is probable unless the course of the

 4-8     disease or condition is interrupted.

 4-9           (p) [(k)]  "Medical care" means furnishing those services

4-10     defined as practicing medicine under Section 1.03(8), Medical

4-11     Practice Act (Article 4495b, Vernon's Texas Civil Statutes).

4-12           (q) [(l)]  "Person" means any natural or artificial person,

4-13     including, but not limited to, individuals, partnerships,

4-14     associations, organizations, trusts, hospital districts, limited

4-15     liability companies, limited liability partnerships, or

4-16     corporations.

4-17           (r) [(m)]  "Physician" means:

4-18                 (1)  an individual licensed to practice medicine in

4-19     this state;

4-20                 (2)  a professional association organized under the

4-21     Texas Professional Association Act (Article 1528f, Vernon's Texas

4-22     Civil Statutes);

4-23                 (3)  a medical school or medical and dental unit, as

4-24     described by Section 61.003, 61.501, or 74.601, Education Code,

4-25     that employs or contracts with physicians to teach or provide

4-26     medical services or employs physicians and contracts with

4-27     physicians in a practice plan;

 5-1                 (4)  [or] a nonprofit health corporation certified

 5-2     under Section 5.01, Medical Practice Act (Article 4495b, Vernon's

 5-3     Texas Civil Statutes); or

 5-4                 (5) [(3)]  another person wholly owned by physicians.

 5-5           (s)  "Prospective enrollee" means:

 5-6                 (1)  in the case of an individual who is a member of a

 5-7     group, an individual eligible for enrollment in a health

 5-8     maintenance organization purchased through that individual's group;

 5-9     or

5-10                 (2)  in the case of an individual who is not a member

5-11     of a group or whose group has not purchased or does not intend to

5-12     purchase a health maintenance organization plan, an individual who

5-13     has expressed an interest in purchasing individual health

5-14     maintenance organization coverage and who is eligible for coverage

5-15     by the health maintenance organization.

5-16           (t) [(n)]  "Provider" means:

5-17                 (1)  any person other than a physician, including a

5-18     licensed doctor of chiropractic, registered nurse, pharmacist,

5-19     optometrist, registered optician, pharmacy, hospital, or other

5-20     institution or organization or person that is licensed or otherwise

5-21     authorized to provide a health care service in this state;

5-22                 (2)  a person who is wholly owned or controlled by a

5-23     provider or by a group of providers who are licensed to provide the

5-24     same health care service; or

5-25                 (3)  a person who is wholly owned or controlled by one

5-26     or more hospitals and physicians, including a physician-hospital

5-27     organization.

 6-1           (u) [(o)]  "Sponsoring organization" means a person who

 6-2     guarantees the uncovered expenses of the health maintenance

 6-3     organization and who is financially capable, as determined by the

 6-4     commissioner, of meeting the obligations resulting from those

 6-5     guarantees.

 6-6           (v) [(p)]  "Uncovered expenses" means the estimated

 6-7     administrative expenses and the estimated cost of health care

 6-8     services that are not guaranteed, insured, or assumed by a person

 6-9     other than the health maintenance organization.  Health care

6-10     services may be considered covered if the physician or provider

6-11     agrees in writing that enrollees shall in no way be liable,

6-12     assessable, or in any way subject to payment for services except as

6-13     described in the evidence of coverage issued to the enrollee under

6-14     Section 9 of this Act.  The amount due on loans in the next

6-15     calendar year will be considered uncovered expenses unless

6-16     specifically subordinated to uncovered medical and health care

6-17     expenses or unless guaranteed by the sponsoring organization.

6-18           (w) [(q)]  "Uncovered liabilities" means obligations

6-19     resulting from unpaid uncovered expenses, the outstanding

6-20     indebtedness of loans that are not specifically subordinated to

6-21     uncovered medical and health care expenses or guaranteed by the

6-22     sponsoring organization, and all other monetary obligations that

6-23     are not similarly subordinated or guaranteed.

6-24           (x) [(r)]  "Single health care service" means a health care

6-25     service that an enrolled population may reasonably require in order

6-26     to be maintained in good health with respect to a particular health

6-27     care need for the purpose of preventing, alleviating, curing, or

 7-1     healing human illness or injury of a single specified nature and

 7-2     that is to be provided by one or more persons each of whom is

 7-3     licensed by the state to provide that specific health care service.

 7-4           (y) [(s)]  "Single health care service plan" means a plan

 7-5     under which any person undertakes to provide, arrange for, pay for,

 7-6     or reimburse any part of the cost of a single health care service,

 7-7     provided, that a part of the plan consists of arranging for or the

 7-8     provision of the single health care service, as distinguished from

 7-9     an indemnification against the cost of that service, on a prepaid

7-10     basis through insurance or otherwise and that no part of that plan

7-11     consists of arranging for the provision of more than one health

7-12     care need of a single specified nature.

7-13           (z) [(t)  "Emergency care" means bona fide emergency services

7-14     provided after the sudden onset of a medical condition manifesting

7-15     itself by acute symptoms of sufficient severity, including severe

7-16     pain, such that the absence of immediate medical attention could

7-17     reasonably be expected to result in:]

7-18                 [(1)  placing the patient's health in serious jeopardy;]

7-19                 [(2)  serious impairment to bodily functions; or]

7-20                 [(3)  serious dysfunction of any bodily organ or part.]

7-21           [(u)]  "Health maintenance organization delivery network"

7-22     means a health care delivery system in which a health maintenance

7-23     organization arranges for health care services directly or

7-24     indirectly through contracts and subcontracts with providers and

7-25     physicians.

7-26           SECTION 2.  Section 3, Texas Health Maintenance Organization

7-27     Act (Article 20A.03, Vernon's Texas Insurance Code), is amended by

 8-1     adding Subsections (e), (f), (g), and (h) to read as follows:

 8-2           (e)  A person, physician, or provider may not perform any of

 8-3     the acts of a health maintenance organization, as defined by this

 8-4     Act, except as provided by and in accordance with the specific

 8-5     authorization of this Act or other law.

 8-6           (f)  A person, physician, or provider who performs any of the

 8-7     acts of a health maintenance organization that require a

 8-8     certificate of authority under this Act without having first

 8-9     obtained a certificate of authority from the Texas Department of

8-10     Insurance is subject to all enforcement processes and procedures

8-11     available against an unauthorized insurer under Articles 1.14-1 and

8-12     1.19-1, Insurance Code.

8-13           (g)  Subsections (e) and (f) of this section do not apply to

8-14     an activity exempt from regulation under Section 26(f) of this Act.

8-15           (h)  The commissioner may exercise subpoena authority in

8-16     accordance with Article 1.19-1, Insurance Code, in implementing

8-17     this Act.

8-18           SECTION 3.  Section 4, Texas Health Maintenance Organization

8-19     Act (Article 20A.04, Vernon's Texas Insurance Code), is amended to

8-20     read as follows:

8-21           Sec. 4.  APPLICATION FOR CERTIFICATE OF AUTHORITY.  (a)  Each

8-22     application for a certificate of authority shall be on a form

8-23     prescribed by rule of the commissioner and shall be verified by the

8-24     applicant, an officer, or other authorized representative of the

8-25     applicant, and shall set forth or be accompanied by the following:

8-26                 (1)  a copy of the basic organizational document, if

8-27     any, of the applicant, such as the articles of incorporation,

 9-1     articles of association, partnership agreement, trust agreement, or

 9-2     other applicable documents, and all amendments thereto;

 9-3                 (2)  a copy of the bylaws, rules and regulations, or

 9-4     similar document, if any, regulating the conduct of the internal

 9-5     affairs of the applicant;

 9-6                 (3)  a list of the names, addresses, and official

 9-7     positions of the persons who are to be responsible for the conduct

 9-8     of the affairs of the applicant, including all members of the board

 9-9     of directors, board of trustees, executive committee, or other

9-10     governing body or committee, the principal officer in the case of a

9-11     corporation, and the partnership or members in the case of a

9-12     partnership or association;

9-13                 (4)  a copy of any independent or other contract made

9-14     or to be made between any provider, physician, or persons listed in

9-15     Paragraph (3) hereof and the applicant;

9-16                 (5)  a copy of the form of evidence of coverage to be

9-17     issued to the enrollee;

9-18                 (6)  a copy of the form of the group contract, if any,

9-19     which is to be issued to employers, unions, trustees, or other

9-20     organizations;

9-21                 (7)  a current financial statement that includes:

9-22                       (A)  the sources and application of funds;

9-23                       (B)  projected financial statements during the

9-24     initial period of operations;

9-25                       (C)  a balance sheet beginning as of the date of

9-26     the expected start of operations;

9-27                       (D)  a statement of revenue and expenses with

 10-1    expected member months; and

 10-2                      (E)  a cash flow statement that states any

 10-3    capital expenditures, purchase and sale of investments, and

 10-4    deposits with the state;

 10-5                (8)  the schedule of charges to be used during the

 10-6    first 12 months of operation;

 10-7                (9)  a statement acknowledging that all lawful process

 10-8    in any legal action or proceeding against the health maintenance

 10-9    organization on a cause of action arising in this state is valid if

10-10    served in accordance with Article 1.36, Insurance Code;

10-11                (10)  a statement reasonably describing the geographic

10-12    area or areas to be served;

10-13                (11)  a description of the complaint procedures to be

10-14    utilized;

10-15                (12)  a description of the procedures and programs to

10-16    be implemented to meet the quality of health care requirements set

10-17    forth herein; [and]

10-18                (13)  a written description of health care plan terms

10-19    and conditions made available to any current or prospective group

10-20    contract holder or current or prospective enrollee of the health

10-21    maintenance organization under the requirements of Section 11 of

10-22    this Act;

10-23                (14)  network configuration information, including an

10-24    explanation of the adequacy of the physician and other provider

10-25    network configuration; the information provided must include the

10-26    names of physicians, specialty physicians, and other providers by

10-27    zip code or zip code map and indicate whether each physician or

 11-1    other provider is accepting new patients from the health

 11-2    maintenance organization;

 11-3                (15)  a written description of the types of

 11-4    compensation arrangements, such as compensation based on

 11-5    fee-for-service arrangements, risk-sharing arrangements, or

 11-6    capitated risk arrangements, made or to be made with physicians and

 11-7    providers in exchange for the provision of or an arrangement to

 11-8    provide health care services to enrollees, including any financial

 11-9    incentives for physicians and providers; those compensation

11-10    arrangements are confidential and are not subject to the open

11-11    records law, Chapter 552, Government Code;

11-12                (16)  documentation demonstrating that the health

11-13    maintenance organization will pay for emergency care services

11-14    performed by non-network physicians or providers and that the

11-15    health care plan contains, without regard to whether the physician

11-16    or provider furnishing the services has a contractual or other

11-17    arrangement with the entity to provide items or services to covered

11-18    individuals, the following provisions and procedures for coverage

11-19    of emergency care services:

11-20                      (A)  any medical screening examination or other

11-21    evaluation required by state or federal law that is necessary to

11-22    determine whether an emergency medical condition exists will be

11-23    provided to covered enrollees in a hospital emergency facility or

11-24    comparable facility;

11-25                      (B)  necessary emergency care services will be

11-26    provided to covered enrollees, including the treatment and

11-27    stabilization of an emergency medical condition; and

 12-1                      (C)  services originated in a hospital emergency

 12-2    facility or comparable facility following treatment or

 12-3    stabilization of an emergency medical condition will be provided to

 12-4    covered enrollees as approved by the health maintenance

 12-5    organization, provided that the health maintenance organization is

 12-6    required to approve or deny coverage of poststabilization care as

 12-7    requested by a treating physician or provider within the time

 12-8    appropriate to the circumstances relating to the delivery of the

 12-9    services and the condition of the patient, but in no case to exceed

12-10    one hour from the time of the request; the health maintenance

12-11    organization must respond to inquiries from the treating physician

12-12    or provider in compliance with this provision in the health

12-13    maintenance organization's plan; and

12-14                (17)  such other information as the commissioner may

12-15    require to make the determinations required by this Act.

12-16          (b)  The commissioner [State Board of Insurance] may

12-17    promulgate such reasonable rules and regulations as the

12-18    commissioner [it] deems necessary to the proper administration of

12-19    this Act to require a health maintenance organization, subsequent

12-20    to receiving its certificate of authority, to submit the

12-21    modifications or amendments to the operations or documents

12-22    described in Subsection (a) of this section to the commissioner,

12-23    either for the commissioner's [his] approval or for information

12-24    only, prior to the effectuation of the modification or amendment or

12-25    to require the health maintenance organization to indicate the

12-26    modifications to [both the board and] the commissioner at the time

12-27    of the next site visit or examination.  As soon as reasonably

 13-1    possible after any filing for approval required by this subsection

 13-2    is made, the commissioner shall in writing approve or disapprove

 13-3    it.  Any modification or amendment for which the commissioner's

 13-4    approval is required shall be considered approved unless

 13-5    disapproved within 30 days; provided that the commissioner may

 13-6    postpone the action for such further time, not exceeding an

 13-7    additional 30 days, as necessary for proper consideration.

 13-8          SECTION 4.  Section 5, Texas Health Maintenance Organization

 13-9    Act (Article 20A.05, Vernon's Texas Insurance Code), is amended to

13-10    read as follows:

13-11          Sec. 5.  ISSUANCE OF CERTIFICATE OF AUTHORITY.  (a)[(1)  Upon

13-12    receipt of an application for issuance of a certificate of

13-13    authority, the commissioner shall begin consideration of the

13-14    application and forthwith transmit copies of such application and

13-15    accompanying documents to the board.]

13-16                [(2)  The board shall determine whether the applicant

13-17    for a certificate of authority, with respect to health care

13-18    services to be furnished:]

13-19                      [(A)  has demonstrated the willingness and

13-20    potential ability to assure that such health care services will be

13-21    provided in a manner to assure both availability and accessibility

13-22    of adequate personnel and facilities, in a manner enhancing

13-23    availability, accessibility, and continuity of services;]

13-24                      [(B)  has arrangements, established in accordance

13-25    with rules and regulations promulgated by the board with the

13-26    concurrence of the commissioner, for an ongoing quality of health

13-27    care assurance program concerning health care processes and

 14-1    outcome; and]

 14-2                      [(C)  has a procedure, established by rules and

 14-3    regulations of the board with the concurrence of the commissioner,

 14-4    to develop, compile, evaluate, and report statistics relating to

 14-5    the cost of operation, the pattern of utilization of its services,

 14-6    availability and accessibility of its services.]

 14-7                [(3)  Within 45 days of receipt of the application by

 14-8    the board for issuance of a certificate of authority, the board

 14-9    shall certify to the commissioner whether the proposed health

14-10    maintenance organization meets the requirements of this section.

14-11    If the board certifies that the health maintenance organization

14-12    does not meet such requirements, it shall specify in what respects

14-13    it is deficient.]

14-14          [(b)]  The commissioner shall, after notice and hearing,

14-15    issue or deny a certificate of authority to any person filing an

14-16    application pursuant to Section 4 of this Act, within 75 days of

14-17    the receipt of a completed application [the certification of the

14-18    board]; provided, however, that if notice and the opportunity for a

14-19    hearing is involved in a particular issuance or denial, then the

14-20    matter must be scheduled for a hearing within 75 days of the

14-21    receipt of a completed application.  In any event, the commissioner

14-22    may grant a delay of final action on the application to an

14-23    applicant.  Issuance of the certificate of authority shall be

14-24    granted upon payment of the application fee prescribed in Section

14-25    32 of this Act if the commissioner is satisfied that:

14-26                (1)  the applicant for a certificate of authority, with

14-27    respect to health care services to be furnished:

 15-1                      (A)  has demonstrated the willingness and

 15-2    potential ability to ensure that those health care services will be

 15-3    provided in a manner to ensure both availability and accessibility

 15-4    of adequate personnel and facilities, in a manner enhancing

 15-5    availability, accessibility, quality of care, and continuity of

 15-6    services;

 15-7                      (B)  has arrangements, established in accordance

 15-8    with rules and regulations promulgated by the commissioner, for an

 15-9    ongoing quality of health care assurance program concerning health

15-10    care processes and outcome; and

15-11                      (C)  has a procedure, established by rules and

15-12    regulations adopted by the commissioner, to develop, compile,

15-13    evaluate, and report statistics relating to the cost of operation,

15-14    the pattern of utilization of its services, and availability and

15-15    accessibility of its services; [board certifies that the health

15-16    maintenance organization's proposed plan of operation meets the

15-17    requirements of Subsection (a)(2) of this section; and]

15-18                (2)  [the commissioner is satisfied that:]

15-19                      [(A)]  the person responsible for the conduct of

15-20    the affairs of the applicant is competent, trustworthy, and

15-21    possesses a good reputation;

15-22                (3) [(B)]  the health care plan or single health care

15-23    service plan constitutes an appropriate mechanism whereby the

15-24    health maintenance organization will effectively provide or arrange

15-25    for the provision of basic health care services or single health

15-26    care service on a prepaid basis, through insurance or otherwise,

15-27    except to the extent of reasonable requirements for co-payment;

 16-1                (4) [(C)]  the health maintenance organization is fully

 16-2    responsible and may reasonably be expected to meet its obligations

 16-3    to enrollees and prospective enrollees, provided that in[.  In]

 16-4    making this determination, the commissioner shall consider:

 16-5                      (A) [(i)]  the financial soundness of the health

 16-6    care plan's arrangement for health care services and a schedule of

 16-7    charges used in connection therewith;

 16-8                      (B) [(ii)]  the adequacy of working capital;

 16-9                      (C) [(iii)]  any agreement with an insurer, group

16-10    hospital service corporation, a political subdivision of

16-11    government, or any other organization for insuring the payment of

16-12    the cost of health care services or the provision for automatic

16-13    applicability of an alternative coverage in the event of

16-14    discontinuance of plan;

16-15                      (D) [(iv)]  any agreement which provides for the

16-16    provision of health care services; and

16-17                      (E) [(v)]  any deposit of cash or securities

16-18    submitted in accordance with Section 13 of this Act as a guarantee

16-19    that the obligations will be duly performed; and

16-20                (5) [(D)]  nothing in the proposed method of operation,

16-21    as shown by the information submitted pursuant to Section 4 of this

16-22    Act, or by independent investigation, is contrary to Texas law.

16-23          (b) [(c)]  If [the board or] the commissioner[, or both,]

16-24    shall certify that the health maintenance organization's proposed

16-25    plan of operation does not meet the requirements of this section,

16-26    the commissioner shall not issue the certificate of authority.  The

16-27    commissioner shall notify the applicant that it is deficient[,] and

 17-1    shall specify in what respects it is deficient.

 17-2          (c) [(d)]  A certificate of authority shall continue in force

 17-3    as long as the person to whom it is issued meets the requirements

 17-4    of this Act or until suspended or revoked by the commissioner or

 17-5    terminated at the request of the certificate holder.  Any change in

 17-6    control, as defined by Article 21.49--1 of the Insurance Code [of

 17-7    Texas], of the health maintenance organization, shall be subject to

 17-8    the approval of the commissioner.

 17-9          SECTION 5.  Section 9, Texas Health Maintenance Organization

17-10    Act (Article 20A.09, Vernon's Texas Insurance Code), as amended by

17-11    Chapters 1091 and 1096, Acts of the 70th Legislature, Regular

17-12    Session, 1987, is amended to read as follows:

17-13          Sec. 9.  EVIDENCE OF COVERAGE AND CHARGES.  (a)(1)  Every

17-14    enrollee residing in this state is entitled to evidence of coverage

17-15    under a health care plan.  If the enrollee obtains coverage under a

17-16    health care plan through an insurance policy or a contract issued

17-17    by a group hospital service corporation, whether by option or

17-18    otherwise, the insurer or the group hospital service corporation

17-19    shall issue the evidence of coverage.  Otherwise, the health

17-20    maintenance organization shall issue the evidence of coverage.

17-21                (2)  No evidence of coverage, or amendment thereto,

17-22    shall be issued or delivered to any person in this state until a

17-23    copy of the form of evidence of coverage, or amendment thereto, has

17-24    been filed with and approved by the commissioner.

17-25                (3)  An evidence of coverage shall contain:

17-26                      (A)  no provisions or statements which are

17-27    unjust, unfair, inequitable, misleading, deceptive, which encourage

 18-1    misrepresentation, or which are untrue, misleading, or deceptive as

 18-2    defined in Section 14 of this Act; [and]

 18-3                      (B)  a clear and complete statement, if a

 18-4    contract, or a reasonably complete facsimile, if a certificate, of:

 18-5                            (i)  the medical, health care services, or

 18-6    single health care service and the issuance of other benefits, if

 18-7    any, to which the enrollee is entitled under the health care plan

 18-8    or single health care service plan;

 18-9                            (ii)  any limitation on the services, kinds

18-10    of services, benefits, or kinds of benefits to be provided,

18-11    including any deductible or co-payment feature;

18-12                            (iii)  where and in what manner information

18-13    is available as to how services may be obtained; and

18-14                            (iv)  a clear and understandable

18-15    description of the health maintenance organization's methods for

18-16    resolving enrollee complaints.  Any subsequent changes may be

18-17    evidenced in a separate document issued to the enrollee;

18-18                      (C)  a provision that, if medically necessary

18-19    covered services are not available through network physicians or

18-20    providers, the health maintenance organization must, on the request

18-21    of a network physician or provider, within a reasonable period,

18-22    allow referral to a non-network physician or provider and shall

18-23    fully reimburse the non-network physician or provider; each

18-24    contract must further provide for a review by a specialist of the

18-25    same, or a similar, specialty as the physician or provider to whom

18-26    a referral is requested before the health maintenance organization

18-27    may deny a referral;

 19-1                      (D)  a provision to allow enrollees with chronic,

 19-2    disabling, or life-threatening illnesses to apply to the health

 19-3    maintenance organization's medical director to use a nonprimary

 19-4    care physician specialist as a primary care physician, provided

 19-5    that:

 19-6                            (i)  the request includes information

 19-7    specified by the health maintenance organization, including

 19-8    certification of medical need,  and is signed by the enrollee and

 19-9    the nonprimary care physician specialist interested in serving as

19-10    the primary care physician;

19-11                            (ii)  the nonprimary care physician

19-12    specialist meets the health maintenance organization's requirements

19-13    for primary care physician participation; and

19-14                            (iii)  the nonprimary care physician

19-15    specialist is willing to accept the coordination of all of the

19-16    enrollee's health care needs;

19-17                      (E)  a provision that if the request for special

19-18    consideration specified by Paragraph (D) of this subdivision is

19-19    denied, an enrollee may appeal the decision through the health

19-20    maintenance organization's established complaint and appeals

19-21    process; and

19-22                      (F)  a provision that the effective date of the

19-23    new designation of a nonprimary care physician specialist as

19-24    provided by Paragraph (D) of this subdivision may not be

19-25    retroactive; the health maintenance organization may not reduce the

19-26    amount of compensation owed to the original primary care physician

19-27    prior to the date of the new designation.

 20-1                (4)  If an evidence of coverage provides benefits for

 20-2    rehabilitation services and therapies, the provision of those

 20-3    services and therapies that, in the opinion of a physician, are

 20-4    medically necessary may not be denied, limited, or terminated by a

 20-5    health maintenance organization based on a determination that the

 20-6    rehabilitation services and therapies are not resulting, or will

 20-7    not result, in significant improvement in the enrollee's condition.

 20-8                (5)  Any form of the evidence of coverage or group

 20-9    contract to be used in this state, and any amendments thereto, are

20-10    subject to the filing and approval requirements of Subsection (c)

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

20-12    commissioner under the laws governing health insurance or group

20-13    hospital service corporations, in which event the filing and

20-14    approval provisions of such law shall apply.  To the extent,

20-15    however, that such provisions do not apply to the requirements of

20-16    Subdivision (3)[, Subsection (a)] of this subsection [section], the

20-17    requirements of Subdivision (3) shall be applicable.

20-18          (b)  The formula or method for calculating the schedule of

20-19    charges for enrollee coverage for medical services or health care

20-20    services must be filed with the commissioner before it is used in

20-21    conjunction with any health care plan.  The formula or method must

20-22    be established in accordance with actuarial principles for the

20-23    various categories of enrollees.  The charges resulting from the

20-24    application of the formula or method may not be altered for an

20-25    individual enrollee based on the status of that enrollee's health.

20-26    The formula or method must produce charges that are not excessive,

20-27    inadequate, or unfairly discriminatory, and benefits must be

 21-1    reasonable with respect to the rates produced by the formula or

 21-2    method.  A statement by a qualified actuary that certifies the

 21-3    appropriateness of the formula or method must accompany the filing

 21-4    together with supporting information considered adequate by the

 21-5    commissioner.

 21-6          (c)  The commissioner shall, within a reasonable period,

 21-7    approve any form of the evidence of coverage or group contract, or

 21-8    amendment thereto, if the requirements of this section are met.

 21-9    After notice and opportunity for hearing, the commissioner may

21-10    withdraw previous approval of any form, if the commissioner

21-11    determines that it violates or does not comply with this Act or a

21-12    rule adopted by the commissioner [State Board of Insurance].  It

21-13    shall be unlawful to issue such form until approved.  If the

21-14    commissioner disapproves such form, the commissioner shall notify

21-15    the filer.  In the notice, the commissioner shall specify the

21-16    reason for the disapproval.  A hearing shall be granted within 30

21-17    days after a request in writing by the person filing.  If the

21-18    commissioner does not disapprove any form within 30 days after the

21-19    filing of such form it shall be considered approved; provided that

21-20    the commissioner may by written notice extend the period for

21-21    approval or disapproval of any filing for such further time, not

21-22    exceeding an additional 30 days, as necessary for proper

21-23    consideration of the filing.

21-24          (d)  The commissioner may require the submission of whatever

21-25    relevant information the commissioner considers [he or she deems]

21-26    necessary in determining whether to approve or disapprove a filing

21-27    made pursuant to this section.

 22-1          (e)  Article 3.74 of the Texas Insurance Code applies to

 22-2    health maintenance organizations other than those health

 22-3    maintenance organizations offering only a single health care

 22-4    service plan.

 22-5          (f)  Article 3.51-9 of the [Texas] Insurance Code applies to

 22-6    health maintenance organizations other than those health

 22-7    maintenance organizations offering only a single health care

 22-8    service plan.

 22-9          (g)  Evidence of coverage does not constitute a health

22-10    insurance policy as that term is defined by the Insurance Code.

22-11          (h)  Article 3.70-1(F)(5) of the Insurance Code applies to

22-12    health maintenance organizations other than those health

22-13    maintenance organizations offering only a single health care

22-14    service plan.

22-15          (i) [(h)]  Article 3.72 of the Insurance Code applies to

22-16    health maintenance organizations to the extent that such article is

22-17    not in conflict with this Act and to the extent that the

22-18    residential treatment center or crisis stabilization unit is

22-19    located within the service area of the health maintenance

22-20    organization and subject to such inspection and review as required

22-21    by this Act or the rules hereunder.

22-22          (j) [(i)]  A health maintenance organization shall comply

22-23    with Article 21.55 of the Insurance Code with respect to prompt

22-24    payment to enrollees [this code applies to out-of-area or emergency

22-25    claims for which benefits are not assigned or payment is not made

22-26    directly to the physician or provider].  A health maintenance

22-27    organization shall make payment to a physician or provider for

 23-1    covered services rendered to enrollees of the health maintenance

 23-2    organization not later than the 45th day after the date a claim for

 23-3    payment is received with documentation reasonably necessary for the

 23-4    health maintenance organization to process the claim, or within a

 23-5    period, not to exceed 60 days, specified by a written agreement

 23-6    between the physician or provider and the health maintenance

 23-7    organization.  For purposes of this subsection, "covered services"

 23-8    means health care services and benefits to which enrollees are

 23-9    entitled under the terms of an applicable evidence of coverage.

23-10          (k) [(j)]  A health maintenance organization may provide

23-11    benefits under a health care plan to a dependent grandchild of an

23-12    enrollee when the dependent grandchild is less than 21 years old

23-13    and living with and in the household of the enrollee.

23-14          (l)  A health maintenance organization that offers a basic

23-15    health care plan shall provide or arrange for the provision of

23-16    basic health care services to its enrollees as needed and without

23-17    limitations as to time and cost other than limitations prescribed

23-18    by rule of the commissioner.

23-19          (m)  Nothing in this Act shall require a health maintenance

23-20    organization, physician, or provider to recommend, offer advice

23-21    concerning, pay for, provide, assist in, perform, arrange, or

23-22    participate in providing or performing any health care service that

23-23    violates its religious convictions.  A health maintenance

23-24    organization that limits or denies health care services under this

23-25    subsection shall set forth such limitations in the evidence of

23-26    coverage as required by Section 9(a)(3) of this Act.

23-27          (n)  The commissioner may adopt minimum standards relating to

 24-1    basic health care services.

 24-2          SECTION 6.   Section 11, Texas Health Maintenance

 24-3    Organization Act (Article 20A.11, Vernon's Texas Insurance Code),

 24-4    is amended to read as follows:

 24-5          Sec. 11.  INFORMATION TO PROSPECTIVE AND CURRENT GROUP

 24-6    CONTRACT HOLDERS AND ENROLLEES.  (a)  Each plan application form

 24-7    shall prominently include a space in which the enrollee at the time

 24-8    of application or enrollment shall make a selection of a primary

 24-9    care physician or primary care provider.  An enrollee shall at all

24-10    times have the right to select or change a primary care physician

24-11    or primary care provider within the health maintenance organization

24-12    network of available primary care physicians and primary care

24-13    providers.  However, a health maintenance organization  may limit

24-14    an enrollee's request to change physicians or providers to not more

24-15    than four changes in any 12-month period.

24-16          (b)  A health maintenance organization shall provide an

24-17    accurate written description of health care plan terms and

24-18    conditions to allow any current or prospective group contract

24-19    holder and current or prospective enrollee eligible for enrollment

24-20    in a health care plan to make comparisons and informed decisions

24-21    before selecting among health care plans.  The written description

24-22    must be in a readable and understandable format as prescribed by

24-23    the commissioner and must include:

24-24                (1)  a statement that the entity providing the coverage

24-25    is a health maintenance organization;

24-26                (2)  a toll-free telephone number, unless exempted by

24-27    statute or rule, and the address for the prospective group contract

 25-1    holder or prospective enrollee to obtain additional information,

 25-2    including provider information;

 25-3                (3)  a description of each covered service and benefit,

 25-4    including a description of any options for prescription drug

 25-5    coverage, both generic and brand name;

 25-6                (4)  emergency care services and benefits, including

 25-7    coverage for out-of-area emergency care services and information on

 25-8    access to after-hours care;

 25-9                (5)  out-of-area services and benefits, if any;

25-10                (6)  an explanation of the enrollee's financial

25-11    responsibility for payment of premiums, copayments, deductibles,

25-12    and any other out-of-pocket expenses for non-covered or out-of-plan

25-13    services, and, if applicable, an explanation that network

25-14    physicians and providers have agreed to look only to the health

25-15    maintenance organization and not to its enrollees for payment of

25-16    covered services except as set forth in this description;

25-17                (7)  any applicable limitations and exclusions,

25-18    including the existence of any drug formulary limitations;

25-19                (8)  any prior authorization requirements, including

25-20    limitations or restrictions on, and a summary of procedures to

25-21    obtain approval for, referrals to providers other than primary care

25-22    physicians or dentists, and other review requirements, including

25-23    preauthorization review, concurrent review, post-service review,

25-24    and post-payment review, and the consequences resulting from the

25-25    failure to obtain any required authorizations;

25-26                (9)  a provision for continuity of treatment in the

25-27    event of the termination of a primary care physician;

 26-1                (10)  a summary of the complaint resolution procedures

 26-2    of the health maintenance organization and a statement that the

 26-3    health maintenance organization is prohibited from retaliating

 26-4    against a group contract holder or enrollee because the group

 26-5    contract holder or enrollee has filed a complaint against the

 26-6    health maintenance organization or appealed a decision of the

 26-7    health maintenance organization and is prohibited from retaliating

 26-8    against a physician or provider because the physician or provider

 26-9    has, on behalf of an enrollee, reasonably filed a complaint against

26-10    the health maintenance organization or appealed a decision of the

26-11    health maintenance organization;

26-12                (11)  a current list of physicians and providers,

26-13    updated on at least a quarterly basis, including names and

26-14    locations of physicians and providers, a statement of limitations

26-15    of accessibility and referrals to specialists, and a disclosure of

26-16    which physicians and providers will not accept new enrollees or

26-17    participate in closed-provider networks serving only enrollees;

26-18                (12)  the service area; and

26-19                (13)  any additional information as required by the

26-20    commissioner.

26-21          (c)  The health maintenance organization may provide a

26-22    handbook published by the health maintenance organization to

26-23    satisfy the requirements adopted under Subsection (b) of this

26-24    section if the content of the handbook is substantially similar to

26-25    and achieves the same level of disclosure as the written

26-26    description prescribed by the commissioner and the current list of

26-27    physicians and providers is also provided.

 27-1          (d)  A health maintenance organization shall notify a group

 27-2    contract holder of any substantive change to the payment

 27-3    arrangements between the health maintenance organization and health

 27-4    care physicians or providers not later than the 30th day after the

 27-5    effective date of the change.

 27-6          (e)  A health maintenance organization, or representative of

 27-7    a health maintenance organization, may not cause or knowingly

 27-8    permit the use of or distribution to a prospective enrollee of

 27-9    information that is untrue or misleading.

27-10          (f)  Every health maintenance organization shall provide to

27-11    its enrollees reasonable notice of any material adverse change in

27-12    the operation of the organization that will affect them directly.

27-13          SECTION 7.   The Texas Health Maintenance Organization Act

27-14    (Chapter 20A, Vernon's Texas Insurance Code) is amended by adding

27-15    Section 11A to read as follows:

27-16          Sec. 11A.  ACCESS TO CERTAIN INFORMATION.   (a)  Each health

27-17    maintenance organization or approved nonprofit health corporation

27-18    certified under Section 5.01(a), Medical Practice Act (Article

27-19    4495b, Vernon's Texas Civil Statutes), and holding a certificate of

27-20    authority issued by the commissioner shall establish procedures to

27-21    provide to an enrollee a member handbook and materials relating to

27-22    the complaint and appeals process in the languages of the major

27-23    populations of the enrolled population.  For purposes of this

27-24    subsection, a major population is defined as a group comprising 10

27-25    percent or more of the health maintenance organization's enrolled

27-26    population.

27-27          (b)  Each health maintenance organization and approved

 28-1    nonprofit health corporation certified under Section 5.01(a),

 28-2    Medical Practice Act (Article 4495b, Vernon's Texas Civil Statutes)

 28-3    and holding a certificate of authority issued by the commissioner

 28-4    shall establish procedures to provide access to a member handbook

 28-5    and the complaint and appeals process to an enrollee who has a

 28-6    disability affecting the enrollee's ability to communicate or to

 28-7    read.

 28-8          SECTION 8.  The Texas Health Maintenance Organization Act

 28-9    (Chapter 20A, Vernon's Texas Insurance Code) is amended by adding

28-10    Section 11B to read as follows:

28-11          Sec. 11B.  INFORMATION TO ENROLLEES AND PROSPECTIVE

28-12    ENROLLEES: MEDICARE-CONTRACTING HEALTH MAINTENANCE ORGANIZATION.

28-13    (a)  Before a prospective enrollee is enrolled in the health care

28-14    plan offered to Medicare recipients by a Medicare-contracting

28-15    health maintenance organization, the health maintenance

28-16    organization must provide the prospective enrollee the following

28-17    disclosure:

28-18    IF YOU ENROLL IN THIS HEALTH CARE PLAN AND REMAIN ENROLLED FOR MORE

28-19    THAN SIX MONTHS AFTER YOUR 65TH BIRTHDAY, YOU MAY LOSE YOUR

28-20    OPPORTUNITY TO PURCHASE MEDICARE SUPPLEMENT INSURANCE (MEDIGAP).

28-21    MEDICARE SUPPLEMENT INSURANCE (MEDIGAP) MUST BE OFFERED TO YOU

28-22    WITHOUT REGARD TO YOUR HEALTH STATUS, INCLUDING ANY PREEXISTING

28-23    CONDITION, BUT ONLY DURING THE FIRST SIX MONTHS AFTER YOUR 65TH

28-24    BIRTHDAY.  AFTER SIX MONTHS AFTER YOUR 65TH BIRTHDAY YOU MAY BE

28-25    DENIED MEDICARE SUPPLEMENT INSURANCE (MEDIGAP), COVERAGE UNDER

28-26    MEDICARE SUPPLEMENT INSURANCE (MEDIGAP) MAY BE LIMITED, OR YOU MAY

28-27    BE SUBJECT TO HIGHER COSTS BECAUSE OF YOUR HEALTH STATUS.

 29-1          (b)  Before a prospective enrollee is enrolled, the health

 29-2    maintenance organization must obtain the prospective enrollee's

 29-3    signature acknowledging receipt of the disclosure required by

 29-4    Subsection (a) or this section.

 29-5          SECTION 9.   Section 12, Texas Health Maintenance

 29-6    Organization Act (Article 20A.12, Vernon's Texas Insurance Code),

 29-7    is amended to read as follows:

 29-8          Sec. 12.  COMPLAINT AND APPEAL SYSTEM.   (a)  Every health

 29-9    maintenance organization shall establish and maintain an internal

29-10    system for the resolution of complaints, including a process for

29-11    the notice and appeal of complaints.  The commissioner may adopt

29-12    reasonable rules  as necessary or proper to implement and

29-13    administer this section [a complaint system to provide reasonable

29-14    procedures for the resolution of written complaints initiated by

29-15    enrollees concerning health care services].  Each health

29-16    maintenance organization shall implement and maintain a system for

29-17    the resolution of complaints as provided by this section.

29-18          (b)  If a complainant notifies the health maintenance

29-19    organization orally or in writing of a complaint, the health

29-20    maintenance organization, not later than the fifth business day

29-21    after the date of the receipt of the complaint, shall send to the

29-22    complainant a letter acknowledging the date of receipt of the

29-23    complaint that includes a description of the organization's

29-24    complaint procedures and time frames.  If the complaint is received

29-25    orally, the health maintenance organization shall also enclose a

29-26    one-page complaint form.

29-27          (c)  The health maintenance organization shall investigate

 30-1    each oral and written complaint received in accordance with its own

 30-2    policies and in compliance with this Act.

 30-3          (d)  The total time for acknowledgment, investigation, and

 30-4    resolution of the complaint by the health maintenance organization

 30-5    may not exceed 30 calendar days after the date the health

 30-6    maintenance organization receives the complaint from the

 30-7    complainant.

 30-8          (e)  Subsections (b) and (d) of this section do not apply to

 30-9    complaints concerning emergencies or denials of continued stays for

30-10    hospitalization.  Investigation and resolution of complaints

30-11    concerning emergencies or denials of continued stays for

30-12    hospitalization shall be concluded in accordance with the medical

30-13    or dental immediacy of the case and may not exceed one business day

30-14    from receipt of the complaint.

30-15          (f)  After the health maintenance organization has

30-16    investigated a complaint, the health maintenance organization shall

30-17    issue a response letter to the complainant explaining the health

30-18    maintenance organization's resolution of the complaint within the

30-19    time frame set forth in Subsection (d) of this section.  The letter

30-20    must include a statement of the specific medical and contractual

30-21    reasons for the resolution and the specialization of any physician

30-22    or other provider consulted.  If the resolution is to deny services

30-23    based on an adverse determination of medical necessity, the

30-24    clinical basis used to reach that decision must be included.  The

30-25    response letter must contain a full description of the process for

30-26    appeal, including the time frames for the appeals process and the

30-27    time frames for the final decision on the appeal.

 31-1          (g)  If the complaint is not resolved to the satisfaction of

 31-2    the complainant, the health maintenance organization shall provide

 31-3    an appeals process that includes the right of the complainant

 31-4    either to appear in person before a complaint appeal panel where

 31-5    the enrollee normally receives health care services, unless another

 31-6    site is agreed to by the complainant, or to address a written

 31-7    appeal to the complaint appeal panel.  The health maintenance

 31-8    organization  shall complete the appeals process under this section

 31-9    not later than the 30th calendar day after the date of the receipt

31-10    of the request for appeal.

31-11          (h)  The health maintenance organization shall send an

31-12    acknowledgment letter  to the complainant not later than the fifth

31-13    business day after the date of receipt of the request for appeal.

31-14          (i)  The health maintenance organization shall appoint

31-15    members to the complaint appeal panel, which shall advise the

31-16    health maintenance organization on the resolution of the dispute.

31-17    The complaint appeal panel shall be composed of equal numbers of

31-18    health maintenance organization staff, physicians or other

31-19    providers, and enrollees.  A member of the complaint appeal panel

31-20    may not have been previously involved in the disputed decision.

31-21    The physicians or other providers must have experience in the area

31-22    of care that is in dispute and must be independent of any physician

31-23    or provider who made any prior determination.  If specialty care is

31-24    in dispute, the appeal panel must include an additional person who

31-25    is a specialist in the field of care to which the appeal relates.

31-26    The enrollees may not be employees of the health maintenance

31-27    organization.

 32-1          (j)  Not later than the fifth business day before the

 32-2    scheduled meeting of the panel, the health maintenance organization

 32-3    shall provide to the complainant or the complainant's designated

 32-4    representative:

 32-5                (1)  any documentation to be presented to the panel by

 32-6    the health maintenance organization staff;

 32-7                (2)  the specialization of any physicians or providers

 32-8    consulted during the investigation; and

 32-9                (3)  the name and affiliation of each health

32-10    maintenance organization representative on the panel.

32-11          (k)  The complainant or the designated representative is

32-12    entitled to:

32-13                (1)  appear in person before the complaint appeal

32-14    panel;

32-15                (2)  present alternative expert testimony; and

32-16                (3)  request the presence of and question any person

32-17    responsible for making the prior determination that resulted in the

32-18    appeal.

32-19          (l)  Investigation and resolution of appeals relating to

32-20    ongoing emergencies or denials of continued stays for

32-21    hospitalization shall be concluded in accordance with the medical

32-22    or dental immediacy of the case but in no event to exceed one

32-23    business day after the complainant's request for appeal.  Due to

32-24    the ongoing emergency or continued hospital stay, and at the

32-25    request of the complainant, the health maintenance organization

32-26    shall provide, in lieu of a complaint appeal panel, a review by a

32-27    physician or provider who has not previously reviewed the case and

 33-1    is of the same or similar specialty as typically manages the

 33-2    medical condition, procedure, or treatment under discussion for

 33-3    review of the appeal.  The physician or provider reviewing the

 33-4    appeal may interview the patient or the  patient's designated

 33-5    representative and shall render a decision on the appeal.  Initial

 33-6    notice of the decision may be delivered orally if followed by

 33-7    written notice of the determination within three days.

 33-8    Investigation and resolution of appeals after emergency care has

 33-9    been provided shall be conducted in accordance with the process

33-10    established under this section, including the right to a review by

33-11    an appeal panel.

33-12          (m)  Notice of the final decision of the health maintenance

33-13    organization on the appeal must include a statement of the specific

33-14    medical determination, clinical basis, and contractual criteria

33-15    used to reach the final decision.  The notice must also include the

33-16    toll-free telephone number and the address of the Texas Department

33-17    of Insurance.

33-18          (n)  The health maintenance organization shall maintain a

33-19    record of each complaint and any complaint proceeding, and any

33-20    actions taken on a complaint for three years from the date of the

33-21    receipt of the complaint.  A complainant is entitled to a copy of

33-22    the record on the applicable complaint and any complaint

33-23    proceeding.

33-24          (o)  Each health maintenance organization shall maintain a

33-25    complaint and appeal log regarding each complaint.

33-26          (p)  Each health maintenance organization shall maintain

33-27    documentation on each complaint received and the action taken on

 34-1    the complaint until the third anniversary of the date of receipt of

 34-2    the complaint.  The Texas Department of Insurance may review

 34-3    documentation maintained under this subsection during any

 34-4    investigation of the health maintenance organization.

 34-5          (q)  The commissioner [or board] may examine the [such]

 34-6    complaint system for compliance with this Act and may require the

 34-7    health maintenance organization to make corrections as considered

 34-8    necessary by the commissioner.

 34-9          SECTION 10.   The Texas Health Maintenance Organization Act

34-10    (Article 20A.01 et seq., Vernon's Texas Insurance Code) is amended

34-11    by adding Section 12A to read as follows:

34-12          Sec. 12A.  FILING COMPLAINTS WITH THE TEXAS DEPARTMENT OF

34-13    INSURANCE.   (a)  Any person, including a person who has attempted

34-14    to resolve a complaint through the health maintenance

34-15    organization's complaint system process and who is dissatisfied

34-16    with the resolution offered through that process, may report an

34-17    alleged violation of this Act to the Texas Department of Insurance.

34-18          (b)  Not later than the 60th day after the date on which the

34-19    Texas Department of Insurance receives a complaint against a health

34-20    maintenance organization and all information necessary for the

34-21    department to determine compliance, the commissioner shall

34-22    investigate the complaint to determine compliance with this Act.

34-23    The commissioner may extend for a period not to exceed six months

34-24    the time to complete an investigation if:

34-25                (1)  additional information is needed;

34-26                (2)  an on-site review is necessary;

34-27                (3)  the health maintenance organization, the physician

 35-1    or provider, or the complainant does not provide all documentation

 35-2    necessary to complete the investigation; or

 35-3                (4)  other circumstances beyond the control of the

 35-4    department occur.

 35-5          SECTION 11.   Subsections (a), (b), (c), (f), (g), and (h),

 35-6    Section 13, Texas Health Maintenance Organization Act (Article

 35-7    20A.13, Vernon's Texas Insurance Code), are amended to read as

 35-8    follows:

 35-9          (a)  Unless otherwise provided by this section, each health

35-10    maintenance organization shall deposit with the comptroller [State

35-11    Treasurer] cash or securities, or any combination of these or other

35-12    guarantees that are acceptable to the commissioner [State Board of

35-13    Insurance], in an amount as set forth in this section.

35-14          (b)  For a health maintenance organization which has not

35-15    received a certificate of authority from the State Board of

35-16    Insurance or the commissioner prior to September 1, 1987:

35-17                (1)  the amount of the initial deposit or other

35-18    guarantee shall be $100,000 for an organization offering basic

35-19    health care services and $50,000 for an organization offering a

35-20    single health care service plan;

35-21                (2)  on or before March 15 of the year following the

35-22    year in which the health maintenance organization receives a

35-23    certificate of authority, it shall deposit with the comptroller

35-24    [State Treasurer] an amount equal to the difference between the

35-25    initial deposit and 100 percent of its estimated uncovered health

35-26    care expenses for the first 12 months of operation;

35-27                (3)  on or before March 15 of each subsequent year, it

 36-1    shall deposit the difference between its total uncovered health

 36-2    care expenses based on its annual statement from the previous year

 36-3    and the total amount previously deposited and not withdrawn from

 36-4    the State Treasury; and

 36-5                (4)  in any year in which the amount determined in

 36-6    accordance with Subdivision (3) of this subsection is zero or less

 36-7    than zero, the commissioner [State Board of Insurance] may not

 36-8    require the health maintenance organization to make any additional

 36-9    deposit under this subsection.

36-10          (c)  For a health maintenance organization which has received

36-11    a certificate of authority from the State Board of Insurance prior

36-12    to September 1, 1987:

36-13                (1)  on or before March 15, 1988, the organization

36-14    shall deposit an amount equal to the sum of:

36-15                      (A)  $100,000 for an organization offering basic

36-16    health care services or $50,000 for an organization offering a

36-17    single health care service plan; and

36-18                      (B)  100 percent of the uncovered health care

36-19    expenses for the preceding 12 months of operation;

36-20                (2)  on or before March 15 of each subsequent year, the

36-21    organization shall make additional deposits of the difference

36-22    between its total uncovered health care expenses based on its

36-23    annual statement from the previous year and the total amount

36-24    previously deposited and not withdrawn from the State Treasury; and

36-25                (3)  in any year in which the amount determined in

36-26    accordance with Subdivision (2) of this subsection is zero or less

36-27    than zero, the commissioner [State Board of Insurance] may not

 37-1    require the health maintenance organization to make any additional

 37-2    deposit under this subsection.

 37-3          (f)  Upon application by a health maintenance organization

 37-4    operating for more than one year under a certificate of authority

 37-5    issued by the State Board of Insurance or the commissioner, the

 37-6    commissioner [State Board of Insurance] may waive some or all of

 37-7    the requirements of Subsection (b) or (c) of this section for any

 37-8    period of time it shall deem proper whenever it finds that one or

 37-9    more of the following conditions justifies such waiver:

37-10                (1)  the total amount of the deposit or other guarantee

37-11    is equal to 25 percent of the health maintenance organization's

37-12    estimated uncovered expenses for the next calendar year;

37-13                (2)  the health maintenance organization's net worth is

37-14    equal to at least 25 percent of its estimated uncovered expenses

37-15    for the next calendar year; or

37-16                (3)  either the health maintenance organization has a

37-17    net worth of $5,000,000 or its sponsoring organization has a net

37-18    worth of at least $5,000,000 for each health maintenance

37-19    organization whose uncovered expenses it guarantees.

37-20          (g)  If one or more of the requirements is waived, any amount

37-21    previously deposited shall remain on deposit until released in

37-22    whole or in part by the comptroller [State Treasurer] upon order of

37-23    the commissioner [State Board of Insurance] pursuant to Subsection

37-24    (f) of this section.

37-25          (h)  A health maintenance organization that has made a

37-26    deposit with the comptroller [State Treasurer] may, at its option,

37-27    withdraw the deposit or any part thereof, first having deposited

 38-1    with the comptroller [State Treasurer], in lieu thereof, a deposit

 38-2    of cash or securities of equal amount and value to that withdrawn.

 38-3    Any securities shall be approved by the commissioner [State Board

 38-4    of Insurance] before being substituted.

 38-5          SECTION 12.   Section 14, Texas Health Maintenance

 38-6    Organization Act (Article 20A.14, Vernon's Texas Insurance Code),

 38-7    is amended by adding Subsections (i)-(m) to read as follows:

 38-8          (i)(1)  A health maintenance organization may not, as a

 38-9    condition of a contract with a physician or provider or in any

38-10    other manner, prohibit, attempt to prohibit, or discourage a

38-11    physician or provider from:

38-12                      (A)  discussing with or communicating to a

38-13    current, prospective, or former patient, or a party designated by a

38-14    patient, information or opinions regarding the patient's health

38-15    care, including the patient's medical condition or treatment

38-16    options; or

38-17                      (B)  discussing with or communicating in good

38-18    faith to a current, prospective, or former patient, or a party

38-19    designated by a patient, information or opinions regarding the

38-20    provisions, terms, requirements, or services of the health care

38-21    plan as they relate to the medical needs of the patient.

38-22                (2)  A health maintenance organization may not in any

38-23    way penalize, terminate, or refuse to compensate, for covered

38-24    services, a physician or provider for communicating with a current,

38-25    prospective, or former patient, or a party designated by a patient,

38-26    in a manner protected by this section.

38-27          (j)  A health maintenance organization may not engage in any

 39-1    retaliatory action, including the refusal to renew or cancellation

 39-2    of coverage, against a group contract holder or enrollee because

 39-3    the group, enrollee, or person acting on behalf of the group or

 39-4    enrollee has filed a complaint against the health maintenance

 39-5    organization or appealed a decision of the health maintenance

 39-6    organization.

 39-7          (k)  A health maintenance organization may not engage in any

 39-8    retaliatory action, including termination of or refusal to renew a

 39-9    contract, against a physician or provider because the physician or

39-10    provider has, on behalf of an enrollee, reasonably filed a

39-11    complaint against the health maintenance organization or has

39-12    appealed a decision of the health maintenance organization.

39-13          (l)  A health maintenance organization may not use any

39-14    financial incentive or make any payment to a physician or provider

39-15    that acts directly or indirectly as an inducement to limit

39-16    medically necessary services.  This subsection does not prohibit

39-17    the use of capitation as a method of payment.

39-18          (m)  A health maintenance organization may not:

39-19                (1)  require, as a condition of coverage or for any

39-20    other reason:

39-21                      (A)  the observation of a psychotherapy session

39-22    relating to or involving a covered person; or

39-23                      (B)  that a provider's process or progress notes

39-24    be submitted to the health maintenance organization for review;

39-25                (2)  deny benefits for psychotherapy on the grounds

39-26    that the patient:

39-27                      (A)  refuses medication based on religious

 40-1    beliefs; or

 40-2                      (B)  refuses medication for a period of time

 40-3    beyond the contract limits related to outpatient visits; or

 40-4                (3)  deny benefits for mental health therapy on the

 40-5    grounds that the therapy is provided in a group session with family

 40-6    members or other individuals.

 40-7          SECTION 13.   Section 15, Texas Health Maintenance

 40-8    Organization Act (Article 20A.15, Vernon's Texas Insurance Code),

 40-9    is amended to read as follows:

40-10          Sec. 15.  REGULATION OF AGENTS [AGENT FOR SINGLE HEALTH CARE

40-11    SERVICE PLANS].  (a)  A health maintenance organization agent is

40-12    anyone who represents any health maintenance organization in the

40-13    solicitation, negotiation, procurement, or effectuation of health

40-14    maintenance organization membership or holds himself or herself out

40-15    as such.  No person or other legal entity may perform the acts of a

40-16    health maintenance organization agent within this state unless such

40-17    person or legal entity has a valid health maintenance organization

40-18    agent's license issued pursuant to this Act.  The term "health

40-19    maintenance organization agent" shall not include:

40-20                (1)  any regular salaried officer or employee of a

40-21    health maintenance organization or of a licensed health maintenance

40-22    organization agent, who devotes substantially all of his or her

40-23    time to activities other than the solicitation of applications for

40-24    health maintenance organization membership and receives no

40-25    commission or other compensation directly dependent upon the

40-26    business obtained and who does not solicit or accept from the

40-27    public applications for health maintenance organization membership;

 41-1                (2)  employers or their officers or employees or the

 41-2    trustees of any employee benefit plan to the extent that such

 41-3    employers, officers, employees, or trustees are engaged in the

 41-4    administration or operation of any program of employee benefits

 41-5    involving the use of membership in a health maintenance

 41-6    organization; provided that such employers, officers, employees, or

 41-7    trustees are not in any manner compensated directly or indirectly

 41-8    by the health maintenance organization issuing such health

 41-9    maintenance organization membership;

41-10                (3)  banks or their officers and employees to the

41-11    extent that such banks, officers, and employees collect and remit

41-12    charges by charging same against accounts of depositors on the

41-13    orders of such depositors; or

41-14                (4)  any person or the employee of any person who has

41-15    contracted to provide administrative, management, or health care

41-16    services to a health maintenance organization and who is

41-17    compensated for those services by the payment of an amount

41-18    calculated as a percentage of the revenues, net income, or profit

41-19    of the health maintenance organization, if that method of

41-20    compensation is the sole basis for subjecting that person or the

41-21    employee of the person to this section.

41-22          (b)  The commissioner [Commissioner of Insurance] shall

41-23    collect in advance from health maintenance organization agent

41-24    applicants a nonrefundable license fee in an amount not to exceed

41-25    $50 as determined by the commissioner [board].  Unless the

41-26    commissioner [State Board of Insurance] accepts a qualifying

41-27    examination administered by a testing service, as provided under

 42-1    Article 21.01-1, Insurance Code, as amended, the commissioner

 42-2    [Commissioner of Insurance] shall also collect from such applicants

 42-3    an examination fee in an amount not to exceed $20 as determined by

 42-4    the commissioner [board].  A new examination fee shall be paid for

 42-5    each examination.  The examination fee shall not be returned under

 42-6    any circumstances other than for failure to appear and take the

 42-7    examination after the applicant has given at least 24 hours notice

 42-8    of an emergency situation to the commissioner [Commissioner of

 42-9    Insurance] and received the commissioner's approval.

42-10          (c)  Except as may be provided by a staggered renewal system

42-11    adopted under Article 21.01-2, Insurance Code, and its subsequent

42-12    amendments, each license issued to a health maintenance

42-13    organization agent shall expire two years following the date of

42-14    issue, unless prior thereto it is suspended or revoked by the

42-15    commissioner or the authority of the agent to act for the health

42-16    maintenance organization is terminated.

42-17          (d)  Licenses which have not expired or been suspended or

42-18    revoked may be renewed by filing with the commissioner [State Board

42-19    of Insurance] a completed renewal application and by paying a

42-20    nonrefundable renewal fee in an amount not to exceed $50 as

42-21    determined by the commissioner [board] on or before the expiration

42-22    of the license.

42-23          (e)  Any agent licensed under this section may represent and

42-24    act as an agent for more than one health maintenance organization

42-25    at any time while the agent's license is in force.  Any such agent

42-26    and the health maintenance organization involved must give notice

42-27    to the commissioner [State Board of Insurance] of any additional

 43-1    appointment or appointments authorizing the agent to act as agent

 43-2    for an additional health maintenance organization or health

 43-3    maintenance organizations.  Such notice must be accompanied by a

 43-4    certificate from each health maintenance organization to be named

 43-5    in each additional appointment that said health maintenance

 43-6    organization desires to appoint the applicant as its agent.  This

 43-7    notice shall contain such other information as the commissioner

 43-8    [State Board of Insurance] may require.  The agent shall be

 43-9    required to pay a nonrefundable fee in an amount not to exceed $16

43-10    as determined by the commissioner [board] for each additional

43-11    appointment applied for, which fee shall accompany the notice.  If

43-12    approval of the additional appointment is not received from the

43-13    commissioner [State Board of Insurance] before the eighth day after

43-14    the date on which the completed notice and fee were received by the

43-15    commissioner [board], the agent and the health maintenance

43-16    organization, in the absence of notice of disapproval, may assume

43-17    that the board approves the application, and the agent may act for

43-18    the health maintenance organization.  The commissioner [State Board

43-19    of Insurance] shall suspend the license of an agent during any

43-20    period in which the agent does not have an outstanding valid

43-21    appointment to represent a health maintenance organization.  The

43-22    suspension shall be lifted on receipt by the commissioner [board]

43-23    of acceptable notice of valid appointment.

43-24          (f)  It shall be the duty of the commissioner to collect from

43-25    every agent of any health maintenance organization in the State of

43-26    Texas under the provisions of this section a licensing fee and an

43-27    initial appointment fee for each appointment by a health

 44-1    maintenance organization.  All fees collected under this section

 44-2    shall be used by the commissioner [State Board of Insurance] to

 44-3    administer the provisions of this [the Texas Health Maintenance

 44-4    Organization] Act and all laws of this state governing and

 44-5    regulating agents for such health maintenance organizations.  All

 44-6    of such funds shall be paid into the State Treasury to the credit

 44-7    of the Texas Department [State Board] of Insurance operating fund

 44-8    and shall be paid out for salaries, traveling expenses, office

 44-9    expenses, and other incidental expenses incurred and approved by

44-10    the commissioner [State Board of Insurance].

44-11          (g)  The commissioner [State Board of Insurance] may, after

44-12    notice and hearings, promulgate such reasonable rules and

44-13    regulations as are necessary to provide for the licensing of

44-14    agents.

44-15          (h) [(m)  Duplicate License; Fee.]  The commissioner

44-16    [Commissioner of Insurance] shall collect in advance from agents

44-17    requesting duplicate licenses a fee not to exceed $20.  The

44-18    commissioner [State Board of Insurance] shall determine the amount

44-19    of the fee.

44-20          (i) [(n)]  The commissioner [State Board of Insurance] shall

44-21    issue a license to a corporation if it finds that:

44-22                (1)  the corporation is organized or existing under the

44-23    Texas Business Corporation Act, has its principal place of business

44-24    in this state, and has as one of its purposes the authority to act

44-25    as an agent under this section; and

44-26                (2)  each officer, director, and shareholder of the

44-27    corporation is individually licensed under this section.

 45-1          (j) [(o)]  This section may not be construed to permit any

 45-2    employee, agent, or corporation to perform any act of an agent

 45-3    under this section without obtaining a license.

 45-4          (k) [(p)]  If, at any time, a corporation that holds an

 45-5    agent's license does not maintain the qualifications necessary to

 45-6    obtain a license, the commissioner [State Board of Insurance] shall

 45-7    cancel or revoke the license of that corporation to act as an

 45-8    agent.  If a person who is not a licensed agent under this section

 45-9    acquires shares in such a corporation by devise or descent, that

45-10    person must either obtain a license or dispose of the shares to a

45-11    person licensed under this section not later than the 90th day

45-12    after the date on which the person acquires the shares.

45-13          (l) [(q)]  If an unlicensed person acquires shares in a

45-14    corporation and does not dispose of the shares within the 90-day

45-15    period, the shares must be purchased by the corporation for the

45-16    value of the shares as reflected by the regular books and records

45-17    of the corporation as of the date of the acquisition of the shares

45-18    by the unlicensed person.  If the corporation fails or refuses to

45-19    purchase the shares, the commissioner [State Board of Insurance]

45-20    shall cancel its license.

45-21          (m) [(r)]  A corporation may redeem the shares of any

45-22    shareholder or the shares of a deceased shareholder on terms agreed

45-23    to by the board of directors and the shareholder or the

45-24    shareholder's personal representative or at a price and on terms

45-25    provided in the articles of incorporation, the bylaws of the

45-26    corporation, or an existing contract entered into by the

45-27    shareholders of the corporation.

 46-1          (n) [(s)]  With the application for a license or a license

 46-2    renewal, each corporation licensed as an agent under this section

 46-3    must file a sworn statement listing the names and addresses of all

 46-4    of its officers, directors, and shareholders.

 46-5          (o) [(t)]  Each corporation shall notify the commissioner

 46-6    [State Board of Insurance] of any change in its officers,

 46-7    directors, or shareholders not later than the 30th day after the

 46-8    date on which the change takes effect.

 46-9          (p) [(u)]  Another corporation may not own an interest in a

46-10    corporation licensed under this section.  Each owner of an interest

46-11    in a corporation licensed under this section must be a natural

46-12    person who holds a valid license issued under this section.

46-13          SECTION 14.   Section 15A, Texas Health Maintenance

46-14    Organization Act (Article 20A.15A, Vernon's Texas Insurance Code),

46-15    is amended to read as follows:

46-16          Sec. 15A.  AGENTS FOR SINGLE HEALTH CARE SERVICE PLANS.  (a)

46-17    A person acting as an agent for a health maintenance organization

46-18    offering only a single health care service plan who is licensed by

46-19    examination under Article 21.07, Insurance Code, or Chapter 213,

46-20    Acts of the 54th Legislature, Regular Session, 1955 (Article

46-21    21.07-1, Vernon's Texas Insurance Code), is subject to the

46-22    licensing requirements provided by this section, and except as

46-23    specifically provided by this Act or some other law, no other agent

46-24    licensing requirements apply.

46-25          (b)  The commissioner shall collect in advance from

46-26    applicants for licensure as health maintenance organization agents

46-27    under this section a nonrefundable license fee in an amount not to

 47-1    exceed $70 as determined by the commissioner [State Board of

 47-2    Insurance].

 47-3          (c)  Except as may be provided by a staggered renewal system

 47-4    adopted under Article 21.01-2, Insurance Code, and its subsequent

 47-5    amendments, each license issued to a health maintenance

 47-6    organization agent under this section shall expire two years

 47-7    following the date of issuance, unless before that time the license

 47-8    is suspended or revoked by the commissioner or the authority of the

 47-9    agent to act for the health maintenance organization is terminated.

47-10          (d)  Licenses issued under this section that have not expired

47-11    or been suspended or revoked may be renewed by filing a completed

47-12    application and paying to the commissioner [board] the required

47-13    nonrefundable renewal fee in an amount not to exceed $50 as

47-14    determined by the commissioner [board].

47-15          (e)  An agent licensed under this section may represent and

47-16    act as an agent for more than one health maintenance organization

47-17    offering only a single health care service plan at any time while

47-18    that agent's license is in force.  The agent and the health

47-19    maintenance organization offering only a single health care service

47-20    plan involved must give notice to the commissioner [State Board of

47-21    Insurance] of any additional appointment authorizing the agent to

47-22    act as agent for an additional health maintenance organization

47-23    offering only a single health care service plan.  The notice must

47-24    be accompanied by a certificate from each health maintenance

47-25    organization to be named in each additional appointment stating

47-26    that the health maintenance organization offers only a single

47-27    health care service plan and desires to appoint the applicant as

 48-1    its agent.  The notice must include other information required by

 48-2    the commissioner [State Board of Insurance].  The agent shall pay a

 48-3    nonrefundable fee in an amount not to exceed $70 as determined by

 48-4    the commissioner [State Board of Insurance] for each additional

 48-5    appointment applied for.  The fee must accompany the notice.  If

 48-6    approval of the additional appointment is not received from the

 48-7    commissioner [State Board of Insurance] before the eighth day after

 48-8    the date on which the completed notice and fee were received by the

 48-9    commissioner [board], the agent and the health maintenance

48-10    organization, in the absence of notice of disapproval, may assume

48-11    that the commissioner [board] approves the application, and the

48-12    agent may act for the health maintenance organization offering a

48-13    single health care service plan.  The commissioner [State Board of

48-14    Insurance] shall suspend the license of an agent during any period

48-15    in which the agent does not have an outstanding valid appointment

48-16    to represent a health maintenance organization offering a single

48-17    health care service plan.  The suspension shall be lifted on

48-18    receipt by the commissioner [board] of acceptable notice of valid

48-19    appointment.

48-20          (f)  The commissioner shall collect from each agent for any

48-21    health maintenance organization offering only a single health care

48-22    service plan a license fee and an appointment fee for each

48-23    additional appointment.

48-24          (g)  Fees collected under this section shall be used by the

48-25    commissioner [State Board of Insurance] to administer this Act and

48-26    laws governing and regulating agents for health maintenance

48-27    organizations.  The funds shall be deposited in the state treasury

 49-1    to the credit of the Texas Department [State Board] of Insurance

 49-2    operating fund and shall be paid out for salaries, traveling

 49-3    expenses, office expenses, and other incidental expenses incurred

 49-4    and approved by the commissioner [State Board of Insurance].

 49-5          (h)  The commissioner [State Board of Insurance] may, after

 49-6    notice and hearing, adopt reasonable rules that are necessary to

 49-7    provide for the licensing of agents under this section.

 49-8          (i)  A licensee may renew an unexpired license issued under

 49-9    this section by filing the required renewal application and paying

49-10    a nonrefundable fee with the commissioner [State Board of

49-11    Insurance] on or before the expiration date of the license.

49-12          (j) [(l)]  A health maintenance organization offering only a

49-13    single health care service plan that desires to appoint an agent

49-14    under this section shall provide to its prospective agents a

49-15    written manual, a copy of which shall be filed with the

49-16    commissioner [State Board of Insurance], outlining and describing

49-17    the single health care service offered by the health maintenance

49-18    organization, outlining this Act, and the rules of the [State Board

49-19    of Insurance and] commissioner adopted under this Act.  The health

49-20    maintenance organization shall certify to the commissioner [State

49-21    Board of Insurance] that it has provided the written manual

49-22    required by this subsection to its prospective agents and has

49-23    provided, under the supervision of a licensed health maintenance

49-24    organization agent, a minimum of four hours of training in its

49-25    single health care service, this Act, and the rules of the [State

49-26    Board of Insurance and the] commissioner adopted under this Act.

49-27          (k) [(n)]  Any regular salaried officer or employee of a

 50-1    health maintenance organization offering only a single health care

 50-2    service plan who solicits applications on behalf of that health

 50-3    maintenance organization must be licensed as a health maintenance

 50-4    organization agent under this section and must take any examination

 50-5    and pay any fee provided by Subsection [Subsections] (b) [and (j)]

 50-6    of Section 15 of this Act.

 50-7          (l) [(o)]  The commissioner shall collect in advance from

 50-8    agents requesting duplicate licenses a fee not to exceed $20.  The

 50-9    commissioner [State Board of Insurance] shall determine the amount

50-10    of the fee.

50-11          SECTION 15.   Section 17, Texas Health Maintenance

50-12    Organization Act (Article 20A.17, Vernon's Texas Insurance Code),

50-13    is amended to read as follows:

50-14          Sec. 17.  EXAMINATIONS.  (a)  The commissioner may make an

50-15    examination concerning the quality of health care services and of

50-16    the affairs of any applicant for a certificate of authority or any

50-17    health maintenance organization as often as the commissioner

50-18    considers [it is deemed] necessary, but not less frequently than

50-19    once every three years.

50-20          (b)  [The board may make an examination concerning the

50-21    quality of health care services of any health maintenance

50-22    organization as often as it deems it necessary, but not less

50-23    frequently than once every three years.]

50-24          [(c)] (1)  Every health maintenance organization shall make

50-25    its books and records relating to its operation available for such

50-26    examinations and in every way facilitate the examinations.  Every

50-27    physician and provider with whom a health maintenance organization

 51-1    has a contract, agreement, or other arrangement need only make

 51-2    available for examination that portion of its books and records

 51-3    relevant to its relationship with the health maintenance

 51-4    organization.

 51-5                (2)  A copy of any contract, agreement, or other

 51-6    arrangement between a health maintenance organization and a

 51-7    physician or provider shall be provided to the commissioner by the

 51-8    health maintenance organization on the request of the commissioner.

 51-9    The documentation provided to the commissioner under this

51-10    subsection is confidential and is not subject to the open records

51-11    law, Chapter 552, Government Code.

51-12                (3)  Medical, hospital, and health records of enrollees

51-13    and records of physicians and providers providing service under

51-14    independent contract with a health maintenance organization shall

51-15    only be subject to such examination as is necessary for an ongoing

51-16    quality of health assurance program concerning health care

51-17    procedures and outcome in accordance with an approved plan as

51-18    provided for in this Act.  Said plan shall provide for adequate

51-19    protection of confidentiality of medical information and shall only

51-20    be disclosed in accordance with applicable law and this Act and

51-21    shall only be subject to subpoena upon a showing of good cause.

51-22                (4)  The commissioner may examine and use the records

51-23    of a health maintenance organization, including records of a

51-24    quality of care assurance program and records of a medical peer

51-25    review committee as that term is used in Section 1.03, Medical

51-26    Practice Act (Article 4495b, Vernon's Texas Civil Statutes), as

51-27    necessary to carry out the purposes of this Act, including an

 52-1    enforcement action under Section 20 of this Act.  That information

 52-2    is confidential and privileged and is not subject to the open

 52-3    records law, Chapter 552, Government Code, or to subpoena except as

 52-4    necessary for the commissioner to enforce this Act.

 52-5                (5) [(3)]  For the purpose of examinations, the

 52-6    commissioner [and board] may administer oaths to and examine the

 52-7    officers and agents of the health maintenance organization and the

 52-8    principals of such physicians and providers concerning their

 52-9    business.

52-10          (c) [(d)]  Articles 1.04A, 1.15, 1.16, and 1.19, as amended,

52-11    of the Insurance Code shall be construed to apply to health

52-12    maintenance organizations, except to the extent that the

52-13    commissioner determines that the nature of the examination of a

52-14    health maintenance organization renders such clearly inappropriate.

52-15          (d) [(e)]  Articles 1.12, 1.24, and 1.30, and Section 7 of

52-16    Article 1.10, Insurance Code, apply to health maintenance

52-17    organizations.

52-18          SECTION 16.  Subsections (d) and (f), Section 18, Texas

52-19    Health Maintenance Organization Act (Article 20A.18, Vernon's Texas

52-20    Insurance Code), are amended to read as follows:

52-21          (d)  Except as otherwise provided by this subsection, the

52-22    bond required under Subsection (c) of this section must be issued

52-23    by an insurance company that holds a certificate of authority in

52-24    this state.  If, after notice and hearing, the commissioner [State

52-25    Board of Insurance] determines that the fidelity bond required by

52-26    this section is not available from an insurance company that holds

52-27    a certificate of authority in this state, a fidelity bond procured

 53-1    by a licensed Texas surplus lines agent resident in this state in

 53-2    compliance with Article 1.14-2, Insurance Code, satisfies the

 53-3    requirements of this section.

 53-4          (f)  Instead of a bond, the management contractor may deposit

 53-5    with the comptroller [State Treasurer] cash or securities

 53-6    acceptable to the commissioner [State Board of Insurance].  Such a

 53-7    deposit must be maintained in the amount and subject to the same

 53-8    conditions as required for a bond under this section.

 53-9          SECTION 17.  The Texas Health Maintenance Organization Act

53-10    (Article 20A.01 et seq., Vernon's Texas Insurance Code) is amended

53-11    by adding Section 18A to read as follows:

53-12          Sec. 18A.  PHYSICIAN AND PROVIDER CONTRACTS.  (a)  A health

53-13    maintenance organization, on request, shall make available and

53-14    disclose to physicians and providers written application procedures

53-15    and qualification requirements for contracting with the health

53-16    maintenance organization.  Each physician and provider who

53-17    initially applies to contract with a health maintenance

53-18    organization for the provision of health care services on behalf of

53-19    the health maintenance organization and who is denied a contract

53-20    with the health maintenance organization shall be provided written

53-21    notice of the reasons the initial application was denied.  Unless

53-22    otherwise limited by Article 21.52B, Insurance Code, this

53-23    subsection does not prohibit a health maintenance organization plan

53-24    from rejecting an application from a physician or provider based on

53-25    the determination that the plan has sufficient qualified physicians

53-26    or providers.

53-27          (b)  Before terminating a contract with a physician or

 54-1    provider, the health maintenance organization shall provide a

 54-2    written explanation to the physician or provider of the reasons for

 54-3    termination.  On request and before the effective date of the

 54-4    termination, but within a period not to exceed 60 days, a physician

 54-5    or provider shall be entitled to a review of the health maintenance

 54-6    organization's proposed termination by an advisory review panel,

 54-7    except in a case in which there is imminent harm to patient health

 54-8    or an action by a state medical or dental board, other medical or

 54-9    dental licensing board, or other licensing board or other

54-10    government agency, that effectively impairs the  physician's or

54-11    provider's ability to practice medicine, dentistry, or another

54-12    profession, or in a case of fraud or malfeasance.  The advisory

54-13    review panel must be composed of physicians and providers,

54-14    including at least one representative in the physician's or

54-15    provider's specialty or a similar specialty, if available,

54-16    appointed to serve on the standing quality assurance committee or

54-17    utilization review committee of the health maintenance

54-18    organization.  The decision of the advisory review panel must be

54-19    considered but is not binding on the health maintenance

54-20    organization.  The health maintenance organization shall provide to

54-21    the affected physician or provider, on request, a copy of the

54-22    recommendation of the advisory review panel and the health

54-23    maintenance organization's determination.

54-24          (c)  Each contract between a health maintenance organization

54-25    and a physician or provider of health care services must provide

54-26    that reasonable advance notice be given to an enrollee of the

54-27    impending termination from the plan of a physician or provider who

 55-1    is currently treating the enrollee.  Each contract must also

 55-2    provide that the termination of the physician or provider contract,

 55-3    except for a reason of medical competence or professional behavior,

 55-4    does not release the health maintenance organization from the

 55-5    obligation to reimburse the physician or provider who is treating

 55-6    an enrollee who is subject to a special circumstance, such as a

 55-7    person who has a disability, acute condition, or life-threatening

 55-8    illness or who is past the twenty-fourth week of pregnancy, at not

 55-9    less than the contract rate for that enrollee's care in exchange

55-10    for continuity of ongoing treatment of an enrollee then receiving

55-11    medically necessary treatment in accordance with the dictates of

55-12    medical prudence.  For purposes of this subsection, "special

55-13    circumstance" means a condition such that the treating physician or

55-14    provider reasonably believes that discontinuing care by the

55-15    treating physician or provider could cause harm to the patient.

55-16    The special circumstance shall be identified by the treating

55-17    physician or provider, who must request that the enrollee be

55-18    permitted to continue treatment under the physician's or provider's

55-19    care and agree not to seek payment from the patient of any amounts

55-20    for which the enrollee would not be responsible if the physician or

55-21    provider were still on the health maintenance organization network.

55-22    Each contract between a health maintenance organization and a

55-23    physician or provider must include procedures for resolving

55-24    disputes regarding the necessity for continued treatment by a

55-25    physician or provider.  This section does not extend the obligation

55-26    of the health maintenance organization to reimburse the terminated

55-27    physician or provider for ongoing treatment of an enrollee beyond

 56-1    the 90th day after the effective date of the termination.  However,

 56-2    the obligation of the health maintenance organization to reimburse

 56-3    the terminated physician or provider or, if applicable, the

 56-4    enrollee for services to an enrollee who, at the time of the

 56-5    termination:

 56-6                (1)  is past the 24th week of pregnancy extends through

 56-7    delivery of the child, immediate postpartum care, and the follow-up

 56-8    checkup within the first six weeks of delivery; or

 56-9                (2)  is being treated for a life-threatening illness or

56-10    condition extends through the completion of the treatment if the

56-11    physician or provider agrees to the provisions established under

56-12    this section.

56-13          (d)  A physician or provider who is terminated or deselected

56-14    is entitled to an expedited review process by the health

56-15    maintenance organization on request by the physician or provider.

56-16    If the physician or provider is deselected for reasons other than

56-17    at the physician's or provider's request, a health maintenance

56-18    organization that has complied with the requirements of Subsection

56-19    (b) of this section may give reasonable advance notice to an

56-20    enrollee of the impending termination from the plan of a physician

56-21    or provider who is currently treating the enrollee.  If a physician

56-22    or provider is deselected for reasons related to imminent harm, the

56-23    health maintenance organization may notify patients immediately.

56-24          (e)  The following provisions apply to each health

56-25    maintenance organization that to any extent uses capitation as a

56-26    method of compensation:

56-27                (1)  The health maintenance organization shall begin

 57-1    payment of capitated amounts to the enrollee's primary care

 57-2    physician or primary care provider, computed from the date of

 57-3    enrollment, not later than the 30th day following the date an

 57-4    enrollee has selected or has been assigned a primary care physician

 57-5    or primary care provider.  If selection or assignment does not

 57-6    occur at the time of enrollment, capitation that would otherwise

 57-7    have been paid to a selected primary care physician or primary care

 57-8    provider had a selection been made shall be reserved as a

 57-9    capitation payable until the time that an enrollee makes a

57-10    selection or the plan assigns a primary care physician or primary

57-11    care provider.

57-12                (2)  If an enrollee does not select a primary care

57-13    physician or primary care provider at the time of application or

57-14    enrollment, a health maintenance organization shall assign an

57-15    enrollee to a primary care physician or primary care provider not

57-16    later than the 30th day after the date of the enrollment.  If a

57-17    health maintenance organization assigns an enrollee to a primary

57-18    care physician or primary care provider, the assignment shall be

57-19    made to a primary care physician or primary care provider located

57-20    within the zip code nearest the enrollee's residence or place of

57-21    employment and, to the extent practicable given the zip code

57-22    limitation, shall be done in a manner that results in a fair and

57-23    equal distribution of enrollees among the plan's primary care

57-24    physicians or primary care providers.  The health maintenance

57-25    organization shall inform an enrollee of the name, address, and

57-26    telephone number of the primary care physician or primary care

57-27    provider to whom the enrollee has been assigned and of the

 58-1    enrollee's right to select a different primary care physician or

 58-2    primary care provider.  An enrollee may at any time reject the

 58-3    physician or provider assigned and may select another physician or

 58-4    provider from the list of primary care physicians or primary care

 58-5    providers for the health maintenance organization network.  An

 58-6    election by an enrollee to reject an assigned physician or provider

 58-7    may not be counted as a change in providers for purposes of the

 58-8    limitation described by Section 11(a) of this Act.

 58-9                (3)  A health maintenance organization shall notify a

58-10    physician or provider of the selection of the physician or provider

58-11    as a primary care physician or primary care provider by an enrollee

58-12    not later than the 30th business day after the date of the

58-13    selection or assignment of an enrollee to that physician or

58-14    provider by the health maintenance organization.

58-15                (4)  As an alternative to the provisions of

58-16    Subdivisions (1), (2), and (3) of this subsection, a health

58-17    maintenance organization may seek approval from the Texas

58-18    Department of Insurance of a different capitation payment scheme

58-19    that ensures:

58-20                      (A)  immediate availability and accessibility of

58-21    a primary care physician or primary care provider; and

58-22                      (B)  payment to the primary care physician or

58-23    primary care provider of a capitation amount certified by a

58-24    qualified actuary to be actuarially sufficient to compensate the

58-25    primary care physician or primary care provider for the risk being

58-26    assumed.

58-27          (f)  A contract between a health maintenance organization and

 59-1    a physician or provider may not contain any clause purporting to

 59-2    indemnify the health maintenance organization for any tort

 59-3    liability resulting from acts or omissions of the health

 59-4    maintenance organization.

 59-5          (g)  Each contract or other agreement between a health

 59-6    maintenance organization and a physician or provider must specify

 59-7    that the physician or provider will hold an enrollee harmless for

 59-8    payment of the cost of covered health care services in the event

 59-9    that the health maintenance organization fails to pay the provider

59-10    for health care services.

59-11          (h)  A health maintenance organization that conducts or uses

59-12    economic profiling of physicians or providers within the health

59-13    maintenance organization shall make available to a network

59-14    physician or provider on request the economic profile of that

59-15    physician or provider, including the standards by which the

59-16    physician or provider is measured.  The use of an economic profile

59-17    must recognize the characteristics of a physician's or provider's

59-18    practice that may account for variations from expected costs.

59-19          (i)  A contract between a health maintenance organization and

59-20    a physician or a provider must require the physician or provider to

59-21    post, in the office of the physician or provider, a notice to

59-22    enrollees on the process for resolving complaints with the health

59-23    maintenance organization.  The notice must include the Texas

59-24    Department of Insurance's toll-free telephone number for filing

59-25    complaints.

59-26          (j)  For purposes of this section, "termination" includes the

59-27    deselection of a physician or provider from a health maintenance

 60-1    organization or the failure or refusal of a health maintenance

 60-2    organization to renew a contract entered into with a physician or

 60-3    provider.

 60-4          SECTION 18.   Section 19, Texas Health Maintenance

 60-5    Organization Act (Article 20A.19, Vernon's Texas Insurance Code),

 60-6    is amended to read as follows:

 60-7          Sec. 19.  HAZARDOUS FINANCIAL CONDITION.  (a)  Whenever the

 60-8    financial condition of any health maintenance organization

 60-9    indicates a condition such that the continued operation of the

60-10    health maintenance organization might be hazardous to its

60-11    enrollees, creditors, or the general public, then the commissioner

60-12    [of insurance] may, after notice and opportunity for hearing, order

60-13    the health maintenance organization to take such action as may be

60-14    reasonably necessary to rectify the existing condition, including

60-15    but not necessarily limited to one or more of the following steps:

60-16                (1)  to reduce the total amount of present and

60-17    potential liability for benefits by reinsurance;

60-18                (2)  to reduce the volume of new business being

60-19    accepted;

60-20                (3)  to reduce expenses by specified methods;

60-21                (4)  to suspend or limit the writing of new business

60-22    for a period of time;

60-23                (5)  to increase the health maintenance organization's

60-24    capital and surplus by contribution; or

60-25                (6)  to suspend or revoke the certificate of authority.

60-26          (b)  The commissioner [State Board of Insurance] is

60-27    authorized, by rules and regulations, to fix uniform standards and

 61-1    criteria for early warning that the continued operation of any

 61-2    health maintenance organization might be hazardous to its

 61-3    enrollees, creditors, or the general public, and to fix standards

 61-4    for evaluating the financial condition of any health maintenance

 61-5    organization, which standards shall be consistent with the purposes

 61-6    expressed in Subsection (a) of this section.

 61-7          SECTION 19.   Subsection (a), Section 20, Texas Health

 61-8    Maintenance Organization Act (Article 20A.20, Vernon's Texas

 61-9    Insurance Code), is amended to read as follows:

61-10          (a)  The commissioner may, after notice and opportunity for

61-11    hearing, suspend or revoke any certificate of authority issued to a

61-12    health maintenance organization under this Act, impose sanctions

61-13    under Section 7, Article 1.10, Insurance Code, impose

61-14    administrative penalties under Article 1.10E, Insurance Code, or

61-15    issue a cease and desist order under Article 1.10A, Insurance Code,

61-16    if the commissioner finds that any of the following conditions

61-17    exist:

61-18                (1)  The health maintenance organization is operating

61-19    significantly in contravention of its basic organizational

61-20    documents, or its health care plan, or in a manner contrary to that

61-21    described in and reasonably inferred from any other information

61-22    submitted under Section 4 of this Act.

61-23                (2)  The health maintenance organization issues

61-24    evidence of coverage or uses a schedule of charges for health care

61-25    services which does not comply with the requirements of Section 9

61-26    of this Act.

61-27                (3)  The health care plan does not provide or arrange

 62-1    for basic health care services or the single health care service

 62-2    plan does not provide or arrange for a single health care service.

 62-3                (4)  The [board certifies to the commissioner that:]

 62-4                      [(A)  the] health maintenance organization does

 62-5    not meet the requirements of Section 5(a)(1) [5(a)(2)] of this

 62-6    Act.[; or]

 62-7                (5)  The [(B)  the] health maintenance organization is

 62-8    unable to fulfill its obligation to furnish health care services as

 62-9    required under its health care plan or to furnish a single health

62-10    care service as required under its single health care service plan.

62-11                (6) [(5)]  The health maintenance organization is no

62-12    longer financially responsible and may be reasonably expected to be

62-13    unable to meet its obligations to enrollees or prospective

62-14    enrollees.

62-15                (7) [(6)]  The health maintenance organization has

62-16    failed to implement the complaint system required by Section 12 of

62-17    this Act in a manner to resolve reasonably valid complaints.

62-18                (8) [(7)]  The health maintenance organization, or any

62-19    person on its behalf, has advertised or merchandised its services

62-20    in an untrue, misrepresentative, misleading, deceptive, or unfair

62-21    manner.

62-22                (9) [(8)]  The continued operation of the health

62-23    maintenance organization would be hazardous to its enrollees.

62-24                (10) [(9)]  The health maintenance organization has

62-25    otherwise failed to comply substantially with this Act, and any

62-26    rule and regulation thereunder.

62-27                (11)  The health maintenance organization has failed to

 63-1    carry out corrective action the commissioner considers necessary to

 63-2    correct a failure to comply with this Act, any applicable provision

 63-3    of the Insurance Code, or any applicable rule or order of the

 63-4    commissioner not later than the 30th day after the date of notice

 63-5    of a deficiency or within any longer period that the commissioner

 63-6    determines to be reasonable and specifies in the notice.

 63-7          SECTION 20.   Section 22, Texas Health Maintenance

 63-8    Organization Act (Article 20A.22, Vernon's Texas Insurance Code),

 63-9    is amended to read as follows:

63-10          Sec. 22.  RULES AND REGULATIONS.  (a)  The commissioner

63-11    [State Board of Insurance] may promulgate such reasonable rules and

63-12    regulations as are necessary and proper to carry out the provisions

63-13    of this Act.

63-14          (b)  The commissioner [State Board of Insurance] is

63-15    specifically authorized to promulgate rules to prescribe

63-16    [prescribing] authorized investments for health maintenance

63-17    organizations for all investments for which provision is not

63-18    otherwise made in this Act, ensure that enrollees have adequate

63-19    access to health care services, and establish minimum

63-20    physician/patient ratios, mileage requirements for primary and

63-21    specialty care, maximum travel time, and maximum waiting times for

63-22    obtaining appointments.  The rulemaking authority provided by this

63-23    subsection does not limit in any manner the rulemaking authority

63-24    granted to the commissioner [State Board of Insurance] under

63-25    Subsection (a) of this section.

63-26          (c)  The commissioner may promulgate such reasonable rules

63-27    and regulations as are necessary and proper to meet the

 64-1    requirements of federal law and regulations.

 64-2          SECTION 21.   Section 23, Texas Health Maintenance

 64-3    Organization Act (Article 20A.23, Vernon's Texas Insurance Code),

 64-4    is amended to read as follows:

 64-5          Sec. 23.  APPEALS.  (a)  Any person who is affected by any

 64-6    rule, ruling, or decision of the Texas Department of Insurance or

 64-7    the commissioner [or board] shall have the right to have such rule,

 64-8    ruling, or decision reviewed by the commissioner [State Board of

 64-9    Insurance] by making an application to the commissioner [State

64-10    Board of Insurance].  Such application shall state the identities

64-11    of the person, the rule, ruling, or decision complained of, the

64-12    interest of the person in such rule, ruling, or decision, the

64-13    grounds of such objection, the action sought of the commissioner

64-14    [State Board of Insurance], and the reasons and grounds for such

64-15    action by the commissioner [State Board of Insurance].  The

64-16    original shall be filed with the chief clerk of the Texas

64-17    Department [State Board] of Insurance together with a certification

64-18    that a true and correct copy of such application has been filed

64-19    with the commissioner.  Within 30 days after the application is

64-20    filed, and after 10 days' written notice to all parties of record,

64-21    the commissioner [State Board of Insurance] shall review the action

64-22    complained of in a public hearing and render its decision at the

64-23    earliest possible date thereafter.  The commissioner [State Board

64-24    of Insurance] shall make such other rules and regulations with

64-25    respect to such applications and their consideration as it

64-26    considers to be advisable, not inconsistent with this Act.  Said

64-27    application shall have precedence over all other business of a

 65-1    different nature pending before said commissioner [State Board of

 65-2    Insurance].

 65-3          (b)  In the public hearing, any and all evidence and matters

 65-4    pertinent to the appeal may be submitted to the commissioner [State

 65-5    Board of Insurance] whether included in the application or not.

 65-6          (c)  If any person who is affected by any rule, ruling, or

 65-7    decision of the commissioner [State Board of Insurance] be

 65-8    dissatisfied with any rule, ruling, or decision adopted by the

 65-9    commissioner, [board, or State Board of Insurance,] that person,

65-10    after failing to get relief from the commissioner [State Board of

65-11    Insurance], may file a petition seeking review of the rule, ruling,

65-12    or decision and setting forth the particular objection to such

65-13    rule, ruling, or decision, or either or all of them, in a district

65-14    court of Travis County, Texas, and not elsewhere, against the

65-15    commissioner [State Board of Insurance] as defendant.  The action

65-16    shall have precedence over all other causes on the docket of a

65-17    different nature.  The proceedings on appeal shall be tried and

65-18    determined as provided by Article 1.04, Insurance Code.  Either

65-19    party to the action may appeal to the appellate court having

65-20    jurisdiction of the cause and the appeal shall at once be

65-21    returnable to the appellate court having jurisdiction of the cause

65-22    and the action so appealed shall have precedence in the appellate

65-23    court over all causes of a different character therein pending.

65-24    The commissioner [State Board of Insurance] is not required to give

65-25    any appeal bond in any cause arising hereunder.

65-26          SECTION 22.  Subsection (f)(4), Section 26, Texas Health

65-27    Maintenance Organization Act (Article 20A.26, Vernon's Texas

 66-1    Insurance Code), is amended  to read as follows:

 66-2                (4)  Except for Articles 21.07-6 and 21.58A, Insurance

 66-3    Code, the insurance laws, including the group hospital service

 66-4    corporation law, do not apply to physicians and providers; however,

 66-5    [provided that Article 21.58A shall not apply to utilization review

 66-6    undertaken by] a physician or provider who conducts utilization

 66-7    review during [in] the ordinary course of treatment of patients [by

 66-8    a physician or provider] pursuant to a joint or delegated review

 66-9    agreement or agreements with a health maintenance organization on

66-10    services rendered by the physician or provider may not be required

66-11    to obtain certification under Section 3, Article 21.58A, Insurance

66-12    Code.

66-13          SECTION 23.  Section 28, Texas Health Maintenance

66-14    Organization Act (Article 20A.28, Vernon's Texas Insurance Code),

66-15    is amended to read as follows:

66-16          Sec. 28.  AUTHORITY TO CONTRACT.  The commissioner [or

66-17    board], in carrying out the commissioner's [their] obligations

66-18    under this Act, may contract with other state agencies or, after

66-19    notice and opportunity for hearing, with other qualified persons to

66-20    make recommendations concerning the determinations to be made by

66-21    the commissioner [or board].

66-22          SECTION 24.  Section 32, Texas Health Maintenance

66-23    Organization Act (Article 20A.32, Vernon's Texas Insurance Code),

66-24    is amended to read as follows:

66-25          Sec. 32.  FEES.  (a)(1)  Every organization subject to this

66-26    chapter shall pay to the commissioner the following fees:

66-27                      (A)  for filing and review of its original

 67-1    application for a certificate of authority, a fee in an amount not

 67-2    to exceed $18,000 [$15,000] as determined by the commissioner

 67-3    [State Board of Insurance];

 67-4                      (B)  for filing each annual report pursuant to

 67-5    Section 10 of this Act, a fee in an amount not to exceed $500 as

 67-6    determined by the commissioner [State Board of Insurance];

 67-7                      (C)  the expenses of all examinations of health

 67-8    maintenance organizations made on behalf of the State of Texas by

 67-9    the commissioner [State Board of Insurance] or under the

67-10    commissioner's [its] authority in such amounts as the commissioner

67-11    shall certify to be just and reasonable;

67-12                      (D)  the expenses of an examination under Section

67-13    17(a) of this Act incurred by the commissioner or under the

67-14    commissioner's authority, if:

67-15                            (i)  examination expenses are the expenses

67-16    attributable directly to a specific examination, including the

67-17    actual salaries and expenses of the examiners directly attributable

67-18    to that examination, as determined under rules adopted by the

67-19    commissioner; and

67-20                            (ii)  the expenses are assessed by the

67-21    commissioner and paid in accordance with rules adopted by the

67-22    commissioner;

67-23                      (E)  the licensing, appointment, and examination

67-24    fees pursuant to Section 15 of this[, Texas Health Maintenance

67-25    Organization] Act [(Article 20A.15, Vernon's Texas Insurance

67-26    Code)];

67-27                      (F) [(E)]  for filing an evidence of coverage

 68-1    which requires approval, a fee not to exceed $200 as determined by

 68-2    the commissioner [State Board of Insurance]; and

 68-3                      (G) [(F)]  for filings required by rule but which

 68-4    do not require approval, a fee not to exceed $100 as determined by

 68-5    the commissioner [State Board of Insurance].

 68-6                (2)  The commissioner [State Board of Insurance] shall,

 68-7    within the limits fixed by this subsection, prescribe the fees to

 68-8    be charged under this subsection.

 68-9                (3)  Fees collected under this subsection must be

68-10    deposited in the State Treasury to the credit of the Texas

68-11    Department [State Board] of Insurance operating fund.

68-12                (4)  Notwithstanding Subdivision (1) of this

68-13    subsection, the comptroller shall collect the annual report filing

68-14    fee prescribed by Subdivision (1)(B) of this subsection.

68-15          (b)[(1)  Every organization subject to this chapter shall pay

68-16    to the board the following fees:]

68-17                      [(A)  for review of its original application for

68-18    a certificate of authority, a fee in an amount not to exceed $3,000

68-19    as determined by the board and paid pursuant to rules adopted by

68-20    the board; and]

68-21                      [(B)  the expenses of an examination under

68-22    Section 17(b) of this Act incurred by the board or under its

68-23    authority.]

68-24                [(2)  Examination expenses are the expenses

68-25    attributable directly to a specific examination including the

68-26    actual salaries and expenses of the examiners plus the cost of

68-27    administrative departmental expenses directly attributable to that

 69-1    examination as determined under rules adopted by the board.  The

 69-2    expenses shall be assessed by the board and paid in accordance with

 69-3    rules adopted by the board.]

 69-4                [(3)  Except as provided by Subdivision (4) of this

 69-5    subsection, the amount paid by a health maintenance organization in

 69-6    each taxable year under Subdivision (1)(B) of this subsection shall

 69-7    be allowed as a credit on the amount of premium taxes to be paid by

 69-8    the health maintenance organization for that taxable year.]

 69-9                [(4)]  The amount directly attributable to an

69-10    examination of the books, records, accounts, or principal offices

69-11    of a health maintenance organization located outside this state may

69-12    not be allowed as a credit against the amount of premium taxes to

69-13    be paid by the health maintenance organization.

69-14                [(5)  The funds received by the board shall be

69-15    deposited in the state treasury to the credit of the Texas

69-16    Department of Health health maintenance organization fund, and

69-17    those funds shall be appropriated to the Texas Department of Health

69-18    to carry out the statutory duties of the board under this chapter.]

69-19          SECTION 25.  Subsections (a), (b), (c), (e), and (g), Section

69-20    36, Texas Health Maintenance Organization Act (Article 20A.36,

69-21    Vernon's Texas Insurance Code), are amended to read as follows:

69-22          (a)  The Health Maintenance Organization Solvency

69-23    Surveillance Committee is created under the direction of the

69-24    commissioner.  The committee shall perform its functions under a

69-25    plan of operation approved by the commissioner [State Board of

69-26    Insurance].  The committee is composed of nine members appointed by

69-27    the commissioner [of insurance].  No two members may be employees

 70-1    or officers of the same health maintenance organization or holding

 70-2    company system.  The qualifications for membership, terms of

 70-3    office, and reimbursement of expenses shall be as provided by the

 70-4    plan of operation approved by the commissioner [State Board of

 70-5    Insurance].  A "member" is a Texas licensed health maintenance

 70-6    organization as defined in Section 2(n) [2(j)] of this Act or a

 70-7    public representative.  The commissioner [of insurance] shall

 70-8    appoint the member along with the officer or employee of the member

 70-9    who shall serve on the committee if the member is a representative

70-10    of a Texas licensed health maintenance organization or its holding

70-11    company system.  Five of the members shall represent health

70-12    maintenance organizations or their holding company system.  Of the

70-13    health maintenance organization members, one shall be a single

70-14    health care service plan as defined in Section 2(y) [2(s)] of this

70-15    Act.  The remaining health maintenance organization members shall

70-16    be selected by the commissioner [of insurance] with due

70-17    consideration of factors deemed appropriate including, but not

70-18    limited to, the varying categories of premium income and

70-19    geographical location.

70-20          A public representative may not be:

70-21                (1)  an officer, director, or employee of a health

70-22    maintenance organization, a health maintenance organization agent,

70-23    or any other business entity regulated by the commissioner [State

70-24    Board of Insurance];

70-25                (2)  a person required to register with the Texas

70-26    Ethics Commission [secretary of state] under Chapter 305,

70-27    Government Code; or

 71-1                (3)  related to a person described by Subdivision (1)

 71-2    or (2) of this subsection within the second degree of affinity or

 71-3    consanguinity.

 71-4          (b)(1)  The committee shall assist and advise the

 71-5    commissioner relating to the detection and prevention of insolvency

 71-6    problems regarding health maintenance organizations.  The committee

 71-7    shall also assist and advise the commissioner regarding any health

 71-8    maintenance organization placed in rehabilitation, liquidation,

 71-9    supervision, or conservation.  The method of providing this

71-10    assistance and advice shall be as contained in the plan of

71-11    operation approved by the commissioner [State Board of Insurance].

71-12                (2)  Reports regarding the financial condition of Texas

71-13    licensed health maintenance organizations and regarding the

71-14    financial condition, administration, and status of health

71-15    maintenance organizations in rehabilitation, liquidation,

71-16    supervision, or conservation shall be provided to the committee

71-17    members at meetings.  Committee members shall not reveal the

71-18    condition of nor any information secured in the course of any

71-19    meeting of the Solvency Surveillance Committee with regard to any

71-20    corporation, form or person examined by the committee.  Committee

71-21    proceedings shall be filed with the commissioner [and reported to

71-22    the members of the State Board of Insurance].

71-23          (c)  To provide funds for the administrative expenses of the

71-24    commissioner [State Board of Insurance] regarding rehabilitation,

71-25    liquidation, supervision, or conservation of an impaired health

71-26    maintenance organization in this state, the committee, at the

71-27    commissioner's direction, shall assess each health maintenance

 72-1    organization licensed in this state in the proportion that the

 72-2    gross premiums of that health maintenance organization written in

 72-3    this state during the preceding calendar year bear to the aggregate

 72-4    gross premiums written in this state by all health maintenance

 72-5    organizations, as furnished to the committee by the commissioner

 72-6    after review of annual statements and other reports the

 72-7    commissioner considers necessary.  Assessments to supplement or pay

 72-8    for administrative expenses of rehabilitation, liquidation,

 72-9    supervision, or conservation may be made only after the

72-10    commissioner determines that adequate assets of the health

72-11    maintenance organization are not immediately available for those

72-12    purposes or that use of those assets could be detrimental to

72-13    rehabilitation, liquidation, supervision, or conservation.  The

72-14    commissioner may abate or defer the assessments, either in whole or

72-15    in part, if, in the opinion of the commissioner, payment of the

72-16    assessment would endanger the ability of a health maintenance

72-17    organization to fulfill its contractual obligations.  If an

72-18    assessment is abated or deferred, either in whole or in part, the

72-19    amount by which the assessment is abated or deferred may be

72-20    assessed against the remaining licensed health maintenance

72-21    organizations in a manner consistent with the basis for assessments

72-22    provided by the plan of operation approved by the commissioner

72-23    [State Board of Insurance].  The total of all assessments on a

72-24    health maintenance organization may not exceed one-quarter of one

72-25    percent of the health maintenance organization's gross premiums in

72-26    any one calendar year.

72-27          (e)  Not later than the 180th day after the date on which the

 73-1    final member of the committee is appointed, the committee shall

 73-2    submit to the commissioner [State Board of Insurance] a plan of

 73-3    operation.  The plan of operation takes effect on approval in

 73-4    writing by the commissioner [State Board of Insurance].  If the

 73-5    committee fails to submit a suitable plan of operation within the

 73-6    period set by this subsection, or if, after the adoption of a plan,

 73-7    the committee fails to submit suitable amendments to the plan, the

 73-8    commissioner [State Board of Insurance] may, after notice and

 73-9    hearing, adopt rules as necessary to implement this Act.  Those

73-10    rules continue in effect until modified by the commissioner [State

73-11    Board of Insurance] or superseded by a plan submitted by the

73-12    committee and approved by the commissioner [State Board of

73-13    Insurance].

73-14          (g)  A licensed health maintenance organization or its agents

73-15    or employees, the committee or its agents, employees, or members,

73-16    or the [State Board of Insurance, the] commissioner[,] or the

73-17    commissioner's [their] representatives are not liable in a civil

73-18    action for any act taken or not taken in good faith in the

73-19    performance of powers and duties under this section.

73-20          SECTION 26.  The Texas Health Maintenance Organization Act

73-21    (Article 20A.01 et seq., Vernon's Texas Insurance Code) is amended

73-22    by adding Sections 37 and 38 to read as follows:

73-23          Sec. 37.  HEALTH MAINTENANCE ORGANIZATION QUALITY ASSURANCE.

73-24    (a)  A health maintenance organization shall establish procedures

73-25    to ensure that the health care services provided to enrollees are

73-26    rendered under reasonable standards of quality of care consistent

73-27    with prevailing professionally recognized standards of medical

 74-1    practice.  Those procedures must include mechanisms to ensure

 74-2    availability, accessibility, quality, and continuity of care.

 74-3          (b)  A health maintenance organization shall have an ongoing

 74-4    internal quality assurance program to monitor and evaluate its

 74-5    health care services, including primary and specialist physician

 74-6    services, and ancillary and preventive health care services, in all

 74-7    institutional and noninstitutional contexts.  The commissioner by

 74-8    rule may establish minimum standards and requirements for ongoing

 74-9    internal quality assurance programs for health maintenance

74-10    organizations, including standards for ensuring availability,

74-11    accessibility, quality, and continuity of care.

74-12          (c)  A health maintenance organization shall record formal

74-13    proceedings of quality assurance program activities and maintain

74-14    that documentation in a confidential manner.  Quality assurance

74-15    program minutes shall be available to the commissioner.

74-16          (d)  A health maintenance organization shall establish and

74-17    maintain a physician review panel to assist in reviewing medical

74-18    guidelines or criteria and to assist in determining the

74-19    prescription drugs to be covered by the health maintenance

74-20    organization, if the health maintenance organization offers a

74-21    prescription drug benefit.

74-22          (e)  A health maintenance organization shall ensure the use

74-23    and maintenance of an adequate patient record system that will

74-24    facilitate documentation and retrieval of clinical information for

74-25    the purpose of the health maintenance organization's evaluation of

74-26    continuity and coordination of patient care and assessment of the

74-27    quality of health and medical care provided to enrollees.

 75-1          (f)  Enrollees' clinical records shall be available to the

 75-2    commissioner for examination and review to determine compliance.

 75-3    Those records are confidential and privileged, and are not subject

 75-4    to the open records law, Chapter 552, Government Code, or to

 75-5    subpoena, except to the extent necessary to enable the commissioner

 75-6    to enforce this article.

 75-7          (g)  A health maintenance organization shall establish a

 75-8    mechanism for the periodic reporting of quality assurance program

 75-9    activities to its governing body, providers, and appropriate

75-10    organization staff.

75-11          (h)  With the advice and assistance of the Texas State Board

75-12    of Pharmacy, the commissioner, not later than January 1, 1999,

75-13    shall adopt rules that require each health maintenance organization

75-14    to use standardized pharmacy benefit cards for its enrollees that

75-15    meet all of the requirements of the United States Department of

75-16    Health and Human Services and the National Council of Prescription

75-17    Drug Programs (NCPDP), including:

75-18                (1)  an unadultered patient identification number;

75-19                (2)  the patient co-payment or cash discount amount;

75-20    and

75-21                (3)  the payer identification number.

75-22          Sec. 38.  EFFECT OF DENTAL POINT-OF-SERVICE OPTION ON HEALTH

75-23    MAINTENANCE ORGANIZATION.  (a)  Each dental health maintenance

75-24    organization or other single service health maintenance

75-25    organization that provides dental benefits is subject to this

75-26    section.  This section does not apply to a health maintenance

75-27    organization with 10,000 or fewer enrollees in this state enrolled

 76-1    in dental benefit plans based on a provider panel.

 76-2          (b)  If an employer, association, or other private group

 76-3    arrangement that employs or has 25 or more employees or members

 76-4    offers and contributes to the cost of dental benefit plan coverage

 76-5    to employees or individuals only through a provider panel, the

 76-6    health maintenance organization with which the employer,

 76-7    association, or other private group arrangement is contracting for

 76-8    the coverage shall offer, or contract with another entity to offer,

 76-9    a dental point-of-service option to the employer, association, or

76-10    other private group arrangement. The employer may offer the dental

76-11    point-of-service option to the employee or individual to accept or

76-12    reject.

76-13          (c)  If a health maintenance organization's dental provider

76-14    panel is the sole delivery system offered to employees by an

76-15    employer, the health maintenance organization:

76-16                (1)  shall offer the employer a dental point-of-service

76-17    option;

76-18                (2)  may not impose a minimum participation level on

76-19    the dental point-of-service option; and

76-20                (3)  as part of the group enrollment application, shall

76-21    provide to each employer disclosure statements as required by rules

76-22    adopted under this code for each dental plan offered.

76-23          (d)  An employer may require an employee or individual who

76-24    accepts the point-of-service option to be responsible for the

76-25    payment of a premium over the amount of the premium for the

76-26    coverage provided to employees or members under the dental benefit

76-27    plan offered through a provider panel either directly or by payroll

 77-1    deduction in the same manner in which the other premium is paid.

 77-2    The premium for the point-of-service option must be based on the

 77-3    actuarial value of that coverage.

 77-4          (e)  Different cost-sharing provisions may be imposed for the

 77-5    point-of-service option.

 77-6          (f)  An employer may charge an employee or individual who

 77-7    accepts the point-of-service option a reasonable administrative fee

 77-8    for costs associated with the employer's reasonable administration

 77-9    of the point-of-service option.

77-10          (g)  For purposes of this section:

77-11                (1)  "Point-of-service option" means a plan provided

77-12    through a contractual arrangement under which indemnity benefits

77-13    for the cost of dental care services, other than emergency care or

77-14    emergency dental care, are provided by an insurer or group hospital

77-15    service corporation in conjunction with corresponding benefits

77-16    arranged or provided by a health maintenance organization, and

77-17    under which an enrollee may choose to obtain benefits or services

77-18    under either the indemnity plan or the health maintenance

77-19    organization plan in accordance with specific provisions of a

77-20    point-of-service contract.

77-21                (2)  "Provider panel" means those providers with which

77-22    a health maintenance organization contracts to provide dental

77-23    services to enrollees covered under the dental benefit plan.

77-24          SECTION 27.  Section 38, Texas Health Maintenance

77-25    Organization Act (Article 20A.38, Vernon's Texas Insurance Code),

77-26    as added by this Act, takes effect January 1, 1998.

77-27          SECTION 28.  This Act applies only to an evidence of coverage

 78-1    that is delivered, issued for delivery, or renewed on or after

 78-2    January 1, 1998.  An evidence of coverage that is delivered, issued

 78-3    for delivery, or renewed before January 1, 1998, is governed by the

 78-4    law as it existed immediately before the effective date of this

 78-5    Act, and that law is continued in effect for this purpose.

 78-6          SECTION 29.  Except as provided by Section 27 of this Act,

 78-7    this Act takes effect September 1, 1997.

 78-8          SECTION 30.  The importance of this legislation and the

 78-9    crowded condition of the calendars in both houses create an

78-10    emergency and an imperative public necessity that the

78-11    constitutional rule requiring bills to be read on three several

78-12    days in each house be suspended, and this rule is hereby suspended.