SRC-JXG C.S.S.B. 1029 76(R)BILL ANALYSIS
Senate Research CenterC.S.S.B. 1029
76R11175 DB-FBy: Madla
Economic Development
4/28/1999
Committee Report (Substituted)
DIGEST
Currently, the Insurance Code prohibits health insurance carriers from
discriminating against particular practitioners of the healing arts.
C.S.S.B. 1029 would prevent discrimination against licensed acupuncturists,
require a health insurance policy to state whether it does or does not
cover acupuncture, and allow an acupuncture patient to obtain treatment
paid by the health insurance plan, if the patient has a disorder that could
be treated within the scope and practice of acupuncture.
PURPOSE
As proposed, C.S.S.B. 1029 includes a licensed acupuncturist under a policy
of health and accident insurance.
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 Section 2(B), Article 3.70-2, V.T.C.S., as amended by
Chapters 946 and 1260, Acts of the 75th Legislature, Regular Session, 1997,
to require accident and sickness insurance to include an exception
provision, which must include a licensed acupuncturist, in designating the
practitioners who will and will not be recognized. Describes a licensed
hearing instrument fitter and dispenser and a licensed acupuncturist.
SECTION 2. Amends Section 1, Article 21.52, Insurance Code, to redefine
"licensed audiologist," "licensed speech-language pathologist," "licensed
hearing instrument fitter and dispenser," and to define "licensed
acupuncturist."
SECTION 3. Amends Section 3, Article 21.52, Insurance Code, as amended by
Chapter 541, Acts of the 74th Legislature, Regular Session, 1995, and as
reenacted and amended by Chapter 946, Acts of the 75th Legislature, Regular
Session, 1997, to authorize any person who is issued, who is a party to, or
who is a beneficiary under any health insurance policy delivered, renewed,
or issued for delivery in this state by any insurance company, association,
or organization to which this article applies to select a licensed
acupuncturist to perform the services or procedures scheduled in the policy
that fall within the scope of the license of that practitioner; or a
licensed hearing instrument fitter and dispenser. Sets forth a payment
schedule or payment provisions in a health insurance policy, including a
licensed hearing instrument fitter and dispenser, which fall within the
scope of that practitioner's license or certification and the same services
or procedures when performed by any other practitioner of the healing arts
covered by the policy. Requires any presently approved policy form
containing any provision in conflict with the requirements of this Act to
be brought into compliance with this Act by the use of riders and
endorsements which have been approved by the Commissioner of Insurance
(commissioner), rather than State Board of Insurance, or by the filing of
new or revised policy forms for approval by the commissioner. Makes
conforming and nonsubstantive changes.
SECTION 4. Repealer: Section 3, Article 21.52, Insurance Code, as amended
by Chapter 429, Acts of the 74th Legislature, Regular Session, 1995, and as
reenacted and amended by Chapter 946, Acts of the 75th Legislature, Regular
Session, 1997 (Selection of practitioners).
SECTION 5. Effective date: September 1, 1999.
Makes application of this Act prospective to January 1, 2000.
SECTION 6. Emergency clause.
SUMMARY OF COMMITTEE CHANGES
Relating clause.
Amends the relating clause regarding the right of a person entitled to
coverage under certain health and accident insurance policies to select
certain health care practitioners.
SECTION 1.
Amends Section 2(B), Article 3.70-2, V.T.C.S., to require accident and
sickness insurance to include an exception provision, which must include a
licensed acupuncturist, in designating the practitioners who will and will
not be recognized. Describes a licensed hearing instrument fitter and
dispenser and a licensed acupuncturist. Deletes text regarding a doctor of
oriental medicine and licensed hearing aid fitter. Makes conforming
changes.
SECTION 2.
Amends Section 1, Article 21.52, Insurance Code, to redefine "licensed
audiologist," "licensed speech-language pathologist," "licensed hearing
instrument fitter and dispenser," and to define "licensed acupuncturist."
Redesignates proposed SECTION 2 as SECTION 3.
SECTION 3.
Amends Section 3, Article 21.52, Insurance Code, as amended by Chapter 541,
Acts of the 74th Legislature, Regular Session, 1995 and as reenacted and
amended by Chapter 946, Acts of the 75th Legislature, Regular Session,
1997, to authorize any person who is issued, who is a party to, or who is a
beneficiary under any health insurance policy delivered, renewed, or issued
for delivery in this state by any insurance company, association, or
organization to which this article applies to select a licensed
acupuncturist to perform the services or procedures scheduled in the policy
that fall within the scope of the license of that practitioner; or a
licensed hearing instrument fitter and dispenser. Sets forth a payment
schedule or payment provisions in a health insurance policy, including a
licensed hearing instrument fitter and dispenser, which fall within the
scope of that practitioner's license or certification and the same services
or procedures when performed by any other practitioner of the healing arts
covered by the policy. Requires any presently approved policy form
containing any provision in conflict with the requirements of this Act to
be brought into compliance with this Act by the use of riders and
endorsements which have been approved by the commissioner, rather than
State Board of Insurance, or by the filing of new or revised policy forms
for approval by the commissioner. Redesignates proposed SECTION 3 as
SECTION 5. Deletes text regarding Chapter 429. Makes conforming changes.
SECTION 4.
Adds a repealer clause regarding the selection of practitioners.
Redesignates proposed SECTION 4 as SECTION 6.
SECTION 5.
Adds a prospective clause.
SECTION 6.
Adds the emergency clause.