SRC-DBM, DPW C.S.H.B. 610 76(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 610
76R14835 DLF-FBy: Janek (Carona)
Economic Development
5/12/1999
Committee Report (Substituted)


DIGEST 

Currently, Health Maintenance Organizations are not required to compensate
physicians for services within a specified period of time.  C.S.H.B. 610
would regulate payments to providers under certain health benefit plans to
ensure prompt payment. 

PURPOSE

As proposed, C.S.H.B. 610 regulates payments to healthcare providers who
provide services under certain health benefit plans. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Commissioner of Insurance in
SECTIONS 1 and 2 (Section 18B(n), Chapter 20A, Insurance Code and Section
3A(m), Article 3.70-3C, Insurance Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 20A, Insurance Code (The Texas Health
Maintenance Organization Act), by adding Section 18B, as follows: 

Sec. 18B.  PROMPT PAYMENT OF PHYSICIAN AND PROVIDERS.  Defines "clean
claim."  Authorizes a physician or provider for medical care or health care
services under a health care plan to obtain acknowledgment of receipt of a
claim for medical care or health care services under a health care plan by
submitting the claim in a certain manner.  Requires a health maintenance
organization (HMO) or the contracted clearinghouse of the HMO that receives
a claim electronically to acknowledge receipt of the claim by electronic
transmission but is not required to acknowledge receipt of the claim in
writing.  Sets forth the required actions of the HMO, to occur not later
than the 45th day after the date that the HMO receives a clean claim for a
physician or provider.  Requires the HMO to pay the charges submitted at 85
percent of the contracted rate on the claim not later than the 45th day
after the claim is received, if the HMO acknowledges coverage of  an
enrollee under the health care plan but intends to audit the physician or
provider claim.  Requires any additional payment due a physician or
provider or any refund due the HMO to be made within a certain time period,
following completion of an audit.  Provides that a HMO that violates
Subsections (c) or (d) of this section is liable to a physician or provider
for the full amount of billed charges submitted on the claim or the amount
payable under the contracted penalty rate, less any amount previously paid
or any charge for a service that is not covered by the health care plan.
Authorizes a physician or provider to recover reasonable attorney's fees in
an action to recover payment under this section.  Provides that in addition
to any other penalty or remedy authorized by the Insurance Code or another
insurance law of this state, an HMO that violates Subsections (c) or (d) of
this section is subject to an administrative penalty under Article 1.10E,
Insurance Code.  Prohibits an administrative penalty imposed under that
article from exceeding $1,000 for each day the claim remains unpaid in
violation of Subsections (c) or (d) of this section.  Requires the HMO to
provide a participating physician or provider with copies of all applicable
utilization review policies and claim processing policies or procedures.
Authorizes an HMO, by contract with a physician or provider, to add or
change the data elements that must be submitted with the physician or
provider claim.  Requires the HMO to provide written notice of an addition
or change to each participating physician or provider, within a certain
time period.  Provides that this section does not apply to a claim made by
a physician or provider who is a member of the legislature. Provides that
this section does not apply to a capitation payment required to be made to
a  physician or provider under an agreement to provide medical care or
health care services under a health care plan.  Provides that this section
applies to a person with whom an HMO contracts to process claims or to
obtain the services of physicians and providers to provide health care
services to health care plan enrollees.  Authorizes the Commissioner of
Insurance (commissioner) to adopt rules as necessary to implement this
section. 

SECTION 2.  Amends Article 3.70-3C, Insurance Code, as added by Chapter
1024, Acts of the 75th Legislature, Regular Session, 1997, by adding
Section 3A, as follows: 

 Sec. 3A.  PROMPT PAYMENT OF PREFERRED PROVIDERS.  Defines "clean claim."
Authorizes a preferred provider for medical care or health care services
under a health care plan to obtain acknowledgment of receipt of a claim for
medical care or health care services under a health care plan by submitting
the claim in a certain manner.  Requires an insurer or the contracted
clearinghouse of an insurer that receives a claim electronically to
acknowledge receipt of the claim by electronic transmission but is  not
required to acknowledge receipt of the claim in writing.  Sets forth the
required actions of the insurer, to occur not later than the 45th day after
the date that the insurer receives a clean claim for a preferred provider.
Requires the insurer to pay certain charges within a certain time period,
if the insurer acknowledges coverage of  an insured under the health care
plan but intends to audit the preferred provider claim. Requires any
additional payment due a preferred provider or any refund due the insurer
to be made within a certain time period, following completion of an audit.
Provides that an insurer that violates Subsections (c) or (d) of this
section is liable to a preferred provider for the full amount of billed
charges submitted on the claim or the amount payable under the contracted
penalty rate, less any amount previously paid or any charge for a service
that is not covered by the health insurance policy.  Authorizes a preferred
provider to recover reasonable attorney's fees in an action to recover
payment under this section.  Provides that in addition to any other penalty
or remedy authorized by this code or another insurance law of this state,
an insurer that violates Subsections (c) or (d) of this section is subject
to an administrative penalty under Article 1.10E of this code.  Prohibits
an administrative penalty imposed under that article from exceeding $1,000
for each day the claim remains unpaid in violation of Subsections (c) or
(d) of this section.  Requires the insurer to provide a preferred provider
with copies of all applicable utilization review policies and claim
processing policies or procedures.  Authorizes an insurer, by contract with
a preferred provider, to add or change the data elements that must be
submitted with the preferred provider claim.  Requires the insurer to
provide written notice of an addition or change to each preferred provider,
within a certain time period. Provides that this section does not apply to
a preferred provider who is a member of the legislature.  Provides that
this section applies to a person with whom an insurer contracts to process
claims or to obtain the services of preferred providers to provide medical
care or health care to insurers under a health insurance policy.
Authorizes the commissioner to adopt rules as necessary to implement this
section. 

SECTION 3.  Amends Section 5(c), Article 21.55, Insurance Code, to provide
that this article does not apply to a claim governed by Section 3A, Article
3.70-3C, of this code. 

SECTION 4. Requires the lieutenant governor and the speaker of the house of
representatives to appoint a joint committee of the legislature to make
recommendations concerning the adequacy of state laws governing the payment
and settlement by HMOs and the enforcement of applicable laws.  Requires
the interim committee established under this section to report the results
of its study together with recommendations adopted by the committee, to the
lieutenant governor and the speaker of the house, not later than December
31, 2000. 

SECTION 5.Effective date: September 1, 1999.

SECTION 6.Emergency clause.