HBA-ATS C.S.H.B. 1750 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1750 By: Van de Putte Insurance 4/4/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Many insurers use utilization review agents to determine whether they should pay for health care services provided to, or requested by, a consumer. In 1997, the Texas Department of Insurance adopted a rule that prohibits a licensed utilization review agent from requiring, as a condition of treatment approval, or for any other reason, the observation of a psychotherapy session or the submission or review of a mental health therapist's process or progress notes. C.S.H.B. 1750 prohibits a utilization review agent from requiring, as a condition of treatment approval or for any other reason, the observation of a psychotherapy session or the submission or review of a mental health therapist's process or progress notes. Under this bill, a utilization review agent is authorized to require the submission of a patient's medical record. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 4, Article 21.58A, Insurance Code, by adding Subsection (o), to prohibit a utilization review agent (agent) from requiring, as a condition of treatment approval or for any other reason, the observation of a psychotherapy session or the submission or review of a mental health therapist's process or progress notes. Authorizes an agent to require the submission of a patient's medical record. SECTION 2.Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1750 deletes the text of the original bill relating to certain mental health services provided under a health benefit plan and substitutes it with provisions relating to standards for utilization review. Under the original bill, the proposed addition of Article 21.53S to the Insurance Code would have prohibited an insurer from requiring, as a condition of coverage or for any other reason, the observation of mental health services, including services provided in a psychotherapy session, by a representative of the insurer, or the submission, for review, of a mental health care provider's process or progress notes to an insurer. The original bill would have also prohibited an insurer from denying benefits for mental health services, including services provided in a psychotherapy session, on the grounds that the enrollee refuses medication. In addition, the original bill would have prohibited an insurer from denying benefits for mental health services on the grounds that the services are provided in a group session with family members or other individuals. The substitute also modifies the original bill in SECTION 3 by providing that the bill is effective September 1, 1999, rather than upon passage.