1-1           By:  Harris, et al.                              S.B. No. 387

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

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

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

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

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 387                   By:  Harris

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the use of a rating system and consumer report cards to

1-11     compare certain health benefit plans.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Chapter 1, Insurance Code, is amended by adding

1-14     Article 1.35A-1 to read as follows:

1-15           Art. 1.35A-1.  HEALTH BENEFIT PLAN REPORT CARDS

1-16           Sec. 1.  DEFINITION.  In this article, "health maintenance

1-17     organization" means a health maintenance organization established

1-18     under the Texas Health Maintenance Organization Act (Chapter 20A,

1-19     Vernon's Texas Insurance Code).

1-20           Sec. 2.  RATING SYSTEM.  (a)  The office of public insurance

1-21     counsel shall develop and implement a rating system to compare and

1-22     evaluate, on an objective basis, the quality of care provided by,

1-23     and the performance of, health benefit plans and services offered

1-24     by health maintenance organizations and preferred provider

1-25     organizations.

1-26           (b)  In developing the rating system, the office of public

1-27     insurance counsel shall rely solely on information from the Texas

1-28     Department of Insurance and the Health Care Information Council.

1-29           (c)  The office of public insurance counsel may enter into

1-30     contracts as necessary to implement this section.

1-31           Sec. 3.  CONSUMER REPORT CARD.  (a)  The office of public

1-32     insurance counsel shall develop a consumer report card that

1-33     identifies and compares all health maintenance organizations and

1-34     preferred provider organizations that offer a health benefit plan

1-35     in this state.

1-36           (b)  The consumer report card must include:

1-37                 (1)  a uniform rating of the performance of health

1-38     maintenance organizations and preferred provider organizations;

1-39                 (2)  information to aid purchasers and consumers in

1-40     making enrollment and contract decisions when selecting a health

1-41     benefit plan;

1-42                 (3)  uniform ratings relating to:

1-43                       (A)  benefit structures;

1-44                       (B)  complaint and appeal records;

1-45                       (C)  use of health care services;

1-46                       (D)  premium costs and copayments;

1-47                       (E)  enrollee satisfaction surveys;

1-48                       (F)  quality of care measures; and

1-49                       (G)  other measures relating to health

1-50     maintenance organizations and preferred provider organizations that

1-51     the office of public insurance counsel determines may assist a

1-52     purchaser or consumer to make an informed choice about medical

1-53     care; and

1-54                 (4)  an explanation of:

1-55                       (A)  the types of health care plans available in

1-56     the market and how they operate, including:

1-57                             (i)  indemnity plans;

1-58                             (ii)  health benefit plans offered by

1-59     health maintenance organizations, preferred provider organizations,

1-60     and point-of-service health maintenance organizations; and

1-61                             (iii)  self-funded or self-insured plans;

1-62                       (B)  federal and state regulation of health

1-63     maintenance organizations and preferred provider organizations;

1-64                       (C)  factors to consider when choosing a health

 2-1     maintenance organization or preferred provider plan, including:

 2-2                             (i)  premium and copayment requirements;

 2-3                             (ii)  benefits;

 2-4                             (iii)  access to care;

 2-5                             (iv)  quality of care;

 2-6                             (v)  the administrative and financial

 2-7     operations of the health maintenance organization or preferred

 2-8     provider organization; and

 2-9                             (vi)  the availability of screening tests

2-10     for diseases such as breast and prostate cancer and similar

2-11     diseases where early detection increases survival rates; and

2-12                       (D)  any other information that the office of

2-13     public insurance counsel determines is useful to the public.

2-14           (c)  The office of public insurance counsel shall update the

2-15     consumer report card annually.

2-16           (d)  The consumer report card must be based solely on

2-17     information from the Texas Department of Insurance and the Health

2-18     Care Information Council and be composed of comprehensive and

2-19     comparable information in a concise and easily understandable

2-20     format and must be readily available to the public.  The office of

2-21     public insurance counsel may charge a reasonable fee, not to exceed

2-22     the cost of producing the consumer report card, for distribution of

2-23     the consumer report card.

2-24           (e)  Before the consumer report card is published, the

2-25     department shall verify that the proposed report card is fair and

2-26     accurate for the consumer, employer, and health maintenance

2-27     organization or preferred provider organization.

2-28           Sec. 4.  CONFIDENTIALITY OF INFORMATION.  (a)  The office of

2-29     public insurance counsel shall use the information collected or

2-30     received under this article for the benefit of the public.  Except

2-31     as provided by this section, the information is subject to the open

2-32     records law, Chapter 552, Government Code, and the office of public

2-33     insurance counsel shall make determinations on requests for

2-34     information in favor of access.

2-35           (b)  The office of public insurance counsel is entitled to

2-36     access to:

2-37                 (1)  data collected by the Texas Health Care

2-38     Information Council under Chapter 108, Health and Safety Code; and

2-39                 (2)  information provided by health maintenance

2-40     organizations and preferred provider organizations to the

2-41     commissioner under this code or another insurance law of this

2-42     state.

2-43           (c)  The office of public insurance counsel is entitled to

2-44     information that is confidential under any law of this state,

2-45     including  Section 27, Texas Health Maintenance Organization Act

2-46     (Article 20A.27, Vernon's Texas Insurance Code), Chapter 108,

2-47     Health and Safety Code, and the open records law, Chapter 552,

2-48     Government Code.

2-49           (d)  The office of public insurance counsel may not make

2-50     public confidential information provided to the office under this

2-51     section but may disclose a summary of the information that does not

2-52     directly or indirectly identify the health maintenance organization

2-53     or preferred provider organization that is the subject of the

2-54     information.  The office of public insurance counsel may not

2-55     release, and a person or entity may not gain access to, any

2-56     information that:

2-57                 (1)  could reasonably be expected to reveal the

2-58     identity of a patient or physician or that reveals the zip code of

2-59     a patient's primary residence;

2-60                 (2)  discloses provider discounts or differentials

2-61     between payments and billed charges; or

2-62                 (3)  relates to actual payments to an identified

2-63     provider made by a payer.

2-64           (e)  Information collected or used by the office of public

2-65     insurance counsel under this section is subject to the

2-66     confidentiality provisions and criminal penalties of:

2-67                 (1)  Section 81.103, Health and Safety Code;

2-68                 (2)  Section 311.037, Health and Safety Code; and

2-69                 (3)  Section 5.08, Medical Practice Act (Article 4495b,

 3-1     Vernon's Texas Civil Statutes).

 3-2           (f)  Information that is in the possession of the office of

 3-3     public insurance counsel and that relates to patients and

 3-4     physicians and any compilation, report, or analysis produced from

 3-5     the information that identifies patients and physicians are not:

 3-6                 (1)  subject to discovery, subpoena, or other means of

 3-7     legal compulsion for release to any person or entity; or

 3-8                 (2)  admissible in any civil, administrative, or

 3-9     criminal proceeding.

3-10           (g)  Notwithstanding Subsection (d)(1) of this section, the

3-11     office of public insurance counsel may use zip code information to

3-12     analyze information on a geographic basis.

3-13           Sec. 5.  AUTHORITY.  The public insurance counsel, as

3-14     executive director of the office of public insurance counsel, has

3-15     the power and duty to administer and implement this article.

3-16           SECTION 2.  Subsection (a), Article 1.35B, Insurance Code, is

3-17     amended to read as follows:

3-18           (a)  To defray the costs of creating, administering, and

3-19     operating the office of public insurance counsel and administering

3-20     the public insurance counsel's duties under Article 1.35A-1 of this

3-21     code, the comptroller shall collect the following assessments

3-22     annually in connection with the collection of other taxes imposed

3-23     on insurers:

3-24                 (1)  each property and casualty insurer authorized to

3-25     do business in this state shall pay an annual assessment of 5.7

3-26     cents for each policy of property and casualty insurance in force

3-27     at year end in this state;

3-28                 (2)  each insurer shall pay an annual assessment of 5.7

3-29     [3] cents for each individual policy, and for each certificate of

3-30     insurance evidencing coverage under a group policy, of life,

3-31     health, or accident insurance written for delivery and placed in

3-32     force with the initial premium thereon paid in full in this state

3-33     during each calendar year if the insurer is authorized to do

3-34     business in this state under:

3-35                       (A)  Chapter 3, 10, 11, 14, 20, 22, 23, or 25 of

3-36     this code;

3-37                       (B)  Chapter 113, Acts of the 53rd Legislature,

3-38     Regular Session, 1953 (Article 3.49-1, Vernon's Texas Insurance

3-39     Code);

3-40                       (C)  Section 1, Chapter 417, Acts of the 56th

3-41     Legislature, Regular Session, 1959 (Article 3.49-2, Vernon's Texas

3-42     Insurance Code);

3-43                       (D)  the Texas Employees Uniform Group Insurance

3-44     Benefits Act (Article 3.50-2, Vernon's Texas Insurance Code);

3-45                       (E)  the Texas State College and University

3-46     Employees Uniform Insurance Benefits Act (Article 3.50-3, Vernon's

3-47     Texas Insurance Code);

3-48                       (F)  Section 1, Chapter 123, Acts of the 60th

3-49     Legislature, Regular Session, 1967 (Article 3.51-3, Vernon's Texas

3-50     Insurance Code);

3-51                       (G)  Section 1, Chapter 387, Acts of the 55th

3-52     Legislature, Regular Session, 1957 (Article 3.62-1, Vernon's Texas

3-53     Insurance Code);

3-54                       (H)  Sections 1 to 3A and 4 to 13, Chapter 397,

3-55     Acts of the 54th Legislature, Regular Session, 1955 (Articles

3-56     3.70-1 to 3.70-3A and 3.70-4 to 3.70-11, Vernon's Texas Insurance

3-57     Code); or

3-58                       (I)  the Texas Health Maintenance Organization

3-59     Act (Chapter 20A, Vernon's Texas Insurance Code); and

3-60                 (3)  each title insurance company authorized to do

3-61     business in this state shall pay an annual assessment of 5.7 cents

3-62     for each owner policy and mortgage policy of title insurance

3-63     written for delivery in this state during each calendar year and

3-64     for which the full basic premium is charged.

3-65           SECTION 3.  Chapter 1, Insurance Code, is amended by adding

3-66     Article 1.35E to read as follows:

3-67           Art. 1.35E.  INFORMATION RELATING TO CERTAIN HEALTH BENEFIT

3-68     PLANS; LIAISON TO OFFICE OF PUBLIC INSURANCE COUNSEL.  (a)  The

3-69     department shall:

 4-1                 (1)  provide to the office of public insurance counsel

 4-2     information in the possession of the department that is needed by

 4-3     the public insurance counsel to develop a rating system and prepare

 4-4     consumer report cards required by Article 1.35A-1 of this code; and

 4-5                 (2)  assist the office in obtaining information from

 4-6     enrollees under Section 2(b), Article 1.35A-1, of this code.

 4-7           (b)  The commissioner shall designate an employee of the

 4-8     department to serve as liaison to the office of public insurance

 4-9     counsel to facilitate implementation of the office's duties under

4-10     Article 1.35A-1 of this code.

4-11           SECTION 4.  Subsection (b), Section 108.011, Health and

4-12     Safety Code, is amended to read as follows:

4-13           (b)  Subject to the restrictions on access to council data

4-14     prescribed by Sections 108.010 and 108.013, and using the data

4-15     collected under Section 108.009 and other data, records, and

4-16     matters of record available to it, the council shall prepare and

4-17     issue reports to the governor, the legislature, and the public as

4-18     provided by this section and Section 108.006(a), except that the

4-19     council shall not produce reports in regard to health maintenance

4-20     organizations.  The council must issue the reports at least

4-21     annually.

4-22           SECTION 5.  Chapter 108, Health and Safety Code, is amended

4-23     by adding Section 108.016 to read as follows:

4-24           Sec. 108.016.  INFORMATION RELATING TO CERTAIN HEALTH BENEFIT

4-25     PLANS; LIAISON TO OFFICE OF PUBLIC INSURANCE COUNSEL.  (a)  The

4-26     council shall:

4-27                 (1)  provide to the office of public insurance counsel

4-28     data in the possession of the council that is needed by the public

4-29     insurance counsel to develop a rating system and prepare consumer

4-30     report cards required by Article 1.35A-1, Insurance Code; and

4-31                 (2)  assist the office of public insurance counsel as

4-32     provided by Section 2(b), Article 1.35A-1, Insurance Code, by

4-33     obtaining information regarding enrollee satisfaction from health

4-34     maintenance organizations and, to the extent they are subject to

4-35     the jurisdiction of the council, preferred provider organizations,

4-36     through surveys or other means.

4-37           (b)  The council shall designate an employee of the council

4-38     to serve as liaison to the office of public insurance counsel to

4-39     facilitate providing data as required by this section.

4-40           SECTION 6.  The office of public insurance counsel shall

4-41     implement the rating system required by Subsection (a), Section 2,

4-42     Article 1.35A-1, Insurance Code, as added by this Act, not later

4-43     than September 1, 1998.

4-44           SECTION 7.  Not later than January 15, 1999, the public

4-45     insurance counsel shall report in writing to the governor and the

4-46     legislature on:

4-47                 (1)  the effectiveness of the office of public

4-48     insurance counsel in implementing Article 1.35A-1, Insurance Code,

4-49     as added by this Act; and

4-50                 (2)  any needed change to that law.

4-51           SECTION 8.  The change in law made by Section 2 of this Act

4-52     applies only to an assessment made under Article 1.35B, Insurance

4-53     Code, as amended by this Act, that initially becomes due on or

4-54     after January 1, 1998.  An assessment that initially becomes due

4-55     before January 1, 1998, is governed by the law in effect

4-56     immediately before the effective date of this Act, and that law is

4-57     continued in effect for that purpose.

4-58           SECTION 9.  This Act takes effect September 1, 1997.

4-59           SECTION 10.  The importance of this legislation and the

4-60     crowded condition of the calendars in both houses create an

4-61     emergency and an imperative public necessity that the

4-62     constitutional rule requiring bills to be read on three several

4-63     days in each house be suspended, and this rule is hereby suspended.

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