SRC-AXB H.B. 3603 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 3603
By: Thompson (Fraser)
Technology & Bus. Growth
5/12/1999
Engrossed


DIGEST 

Currently, health care fraud and abuse drains up to $100 billion annually
from the national health care system, and private sector health benefit
programs are not immune to this problem.  H.B. 3603 sets forth requirements
for the Texas Department of Insurance's insurance fraud unit and insurers
allowed to do business in Texas, regarding investigations. 

PURPOSE

As proposed, H.B. 3603 sets forth requirements for the Texas Department of
Insurance's insurance fraud unit and insurers allowed to do business in
Texas, regarding investigations. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 1.10D, Insurance Code, by adding Section 1A, as
follows: 

Sec.  1A.  STATEMENT OF PUBLIC POLICY.  Provides that the legislature finds
and declares that the potential for abuse and illegal activities exists in
the business of insurance. Provides that there are several agencies who are
responsible for investigating and prosecuting fraudulent activity.  Sets
forth the intentions of this article. 

SECTION 2.  Amends Article 1.10D, Insurance Code, by adding Section 2A, as
follows: 

Sec.  2A.  INSURER ANTIFRAUD INVESTIGATIVE REPORTS.  Requires the insurance
fraud unit (unit) to take certain actions regarding all submitted insurer
antifraud reports. Requires the unit to report annually in writing the
number of completed cases and recommendations for new regulatory and
statutory responses to the fraudulent activities the unit encounters. 

SECTION 3.  Amends Section 6, Article 1.10D, Insurance Code, by amending
Subsection (a) and adding Subsection (e), to add certain entities to the
list of entities which can be provided with reports or information to
provide that a person is not subject to certain liability.  Requires
certain information to not be subject to public disclosure.  Sets forth the
authorized use of such information. Requires an insurer to exercise
reasonable care concerning the accuracy of certain information. 

SECTION 4.  Amends Article 1.10D, Insurance Code, by adding Section 8, as
follows: 

Sec.  8.  NOTICE OF COMPLAINT TO HEALTH CARE PROVIDER REGULATORY BODY.
Requires the unit to forward certain information regarding a complaint, to
certain entities. 

SECTION 5.  Amends Chapter 3, Insurance Code, by adding Subchapter K, as
follows: 

SUBCHAPTER K.  INSURER ANTIFRAUD PROGRAMS

  Art.    3.97-1.  DEFINITIONS.  Defines "health care provider" and
"insurer." 

Art.  3.97-2.  NOTICE OF PENALTY FOR FALSE OR FRAUDULENT CLAIMS; DISPLAY ON
FORMS.  Sets forth a required statement and notice which an insurer is
required to provide to certain claimants, under certain conditions.
Provides that the absence of such a notice on certain documents shall not
constitute grounds against a criminal indictment regarding insurance fraud.
Prohibits this section from applying to certain reinsurance transactions. 

Art.  3.97-3.  INSURER ANTIFRAUD PLANS.  Requires every insurer allowed to
do business in Texas to adopt an antifraud plan and file it with the unit.
Requires the insurer to file annually thereafter any changes in its plan,
and sets forth plan requirements. 

SECTION 6.  Amends Title 1, Health and Safety Code, by adding Section
2.001, as follows: 

Sec.  2.001.  PUBLIC POLICY.  Establishes that Texas aggressively confronts
the problem of health care fraud by facilitating the detection and
prevention of fraud at its source. 

SECTION 7.  Amends Title 1, Health and Safety Code, by adding Section
2.002, as follows: 

Sec.  2.002.  DEFINITIONS.  Defines "insurer," "health maintenance
organization," and "health care provider." 

SECTION 8.  Amends Title 1, Health and Safety Code, by adding Section
2.003, as follows: 

Sec.  2.003.  UNPROFESSIONAL CONDUCT.  Sets forth grounds for disciplinary
actions and actions which constitute unprofessional conduct by a provider.
Provides that a violation of this provision justifies suspension or
revocation of a provider's license.  Provides that the first and second
convictions need not occur in the same jurisdiction for the imposition of
revocation.  Authorizes certain regulators of health care providers to
probate a suspension or revocation if such action is in the public
interest.  Requires any determination to provide the reasons for, and
conditions of, the probation. 

SECTION 9.  Amends Chapter 5A, Insurance Code, by adding Article 5.06-7, as
follows: 

Art.  5.06-7.  SETTLEMENT OF CLAIM; REQUIRED STATEMENT OF FACTS. Defines
"insurer."  Prohibits an insurer from requiring a third party claimant to
give a certain statement regarding a motor vehicle insurance claim, under
certain conditions.  Provides that this article does not apply if the
insured is unable to give a statement for a reason outside the insurer's
control. 

SECTION 10.  Makes application of Article 5.06-7, Insurance Code, as added
by this Act, prospective. 

SECTION 11.  Effective date:  September 1, 1999.

SECTION 12.  Emergency clause.