SRC-JXG S.B. 130 76(R)BILL ANALYSIS


Senate Research CenterS.B. 130
By: Nelson
Economic Development
6/28/1999
Enrolled


DIGEST 

Currently, health care providers may contract with health insurance plans
to give a discounted rate on their services in exchange for being listed as
a "preferred provider." An insurer or independent  
agent may deliberately mislead providers and doctors by claiming to belong
to an exclusive preferred provider arrangement to receive a discount.  S.B.
130 will hold insurers in violation of an unfair act or deceptive practice
under the Insurance Code, if the insurers knowingly mislead a provider into
giving them discounts to which the insurers are not entitled. 

PURPOSE

As enrolled, S.B. 130 holds insurers in violation of an unfair act or
deceptive practice under  the Insurance Code, if the insurers knowingly
mislead a provider into giving them discounts to which the insurers are not
entitled.  

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 3.70-3C, Insurance Code, as added by Chapter
1024, Acts of the 75th Legislature, Regular Session, 1997, by adding
Section 7A, as follows: 

Sec. 7A. RESTRICTIONS ON PAYMENT AND REIMBURSEMENT. (a)  Prohibits an
insurer or third party administrator from reimbursing a physician,
practitioner, hospital, institutional provider, or organization of
physicians and health care providers on a discounted fee basis for covered
services that are provided to an insured unless certain conditions exist.  
(b) Prohibits a party to a preferred provider contract, including a
contract with a preferred provider organization, from selling, leasing, or
otherwise transferring information regarding the payment or reimbursement
terms of the contract without the express authority and prior adequate
notification of the other contracting parties.  Provides that this
subsection does not affect the authority of the commissioner or the Texas
Workers' Compensation Commission under this code to request and obtain
information. 

(c) Provides that an insurer or third party administrator who violates this
section commits an unfair claim settlement practice in violation of Article
21.21-2 of this code and  is also subject to administrative penalties under
Articles 1.10 and 1.10E of this code. 

Effective date:  90 days after adjournment.