SRC-SLL, JBJ S.B. 890 76(R)BILL ANALYSIS


Senate Research CenterS.B. 890
By: Harris
Economic Development
6/21/1999
Enrolled


DIGEST 

Currently, health maintenance organizations (HMOs) are regulated by the
Texas Department of Insurance (department).  Often, in order to provide
medical care to their members, HMOs delegate various duties.  These duties,
which are usually delegated to independent physician groups, can include
sharing or delegating management services, contracting, utilization review,
and billing and claims payment services.  Neither Texas statutes or
department rules contain guidelines relating to the delegation of duties
between HMOs and these delegated networks.  S.B. 890 will sets forth
requirements for the delegation of duties by an HMO to ensure that the
physician network is capable of delivering the delegated services. 

PURPOSE

As enrolled, S.B. 890 authorizes a health maintenance organization to
delegate some of the organization's  functions. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the commissioner of insurance in SECTION
2 (Section 18C(o), Insurance Code), of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 20A.02, Insurance Code, by adding Subsection
(dd) and (ee), to define "delegation agreement" and "delegated network." 

SECTION 2.  Amends Chapter 20A, Insurance Code, by adding Section 18C, as
follows: 

Sec. 18C.  DELEGATION OF CERTAIN FUNCTIONS TO DELEGATED NETWORKS. Requires
a health maintenance organization (HMO) that enters into a delegated
network to execute a written agreement with the network.  Requires the HMO
to file the agreement with the Texas Department of Insurance (department)
by a certain date.  Sets forth provisions that the agreement must contain.
Sets forth information that an HMO must provide to each delegated network
with which the HMO has a delegation agreement.  Sets forth certain action
that an HMO must take if the HMO finds that the monitoring plan, which must
be included in the agreement, does not operate in accordance with the
agreement or operates in a hazardous condition. Requires a delegated
network to respond to a request from the HMO by a certain date.  Requires
the HMO to cooperate with the network to correct any failure by the network
to comply with certain requirements of the department.  Requires the HMO to
notify the department and request intervention if the HMO does not receive
a timely response or the HMO receives a timely response but the HMO and the
network are unable to reach an agreement regarding the network's failures.
Sets forth action that the department must undertake if the HMO requests
intervention, including a review.  Requires the department to report to the
HMO and the network the results of its review by a certain date, but
prohibits the department from reporting information regarding prices, costs
of care, or other information not relevant to the monitoring plan.
Requires the network to respond to the department's report and submit a
corrective plan to the department and HMO by a certain date.  Authorizes
the network to withhold certain information regarding fee schedules,
prices, cost of care, or other information not relevant to the plan.
Requires reports and corrective plans required under Subsection (i) or (j)
of this section to be treated as public documents, except for certain
information.  Authorizes the department to request that the network take
corrective action to comply with certain  statutory and regulatory
requirements of the department.  Authorizes the department to take certain
action against a network that does not comply with the department's
request.  Authorizes the commissioner of insurance (commissioner) to
maintain enrollee and provider complaints in a manner that identifies
complaints made about the networks.  Authorizes the commissioner to adopt
rules necessary to implement, interpret, and enforce this section. 

SECTION 3.  Amends Section 11(b), Article 20A.11, Insurance Code, to
require an HMO to provide an accurate written description of restrictions
or limitations related to limited provider networks or delegated networks
within a health care plan. Makes conforming changes. 

SECTION 4.  Effective date: September 1, 1999, except that SECTION 3 takes
effect for any contract entered into or renewed on or after January 1,
2000. 

SECTION 5.  Expires Sections 2(dd) and (ee), Articles 20A.02, and 18C,
Insurance Code, on September 2, 2001, unless continued by the legislature. 

SECTION 6.  Emergency clause.