SRC-DBM C.S.S.B. 1248 76(R)    BILL ANALYSIS


Senate Research CenterC.S.S.B. 1248
By: Nelson
Human Services
4/1/1999
Committee Report (Substituted)


DIGEST 

The Texas Performance Review has called for the strengthening of data
exchanges between health insurers, health maintenance organizations, and
third party claims administrators and the Medicaid program to increase
third party reimbursements.  The Texas Department of Health (department)
spent more than $5.2 billion in federal and state Medicaid funds for
medical services provided to certain lowincome clients.  Texas is required
by federal law to make the Medicaid program the "payer of last resort" for
persons who have other health plan coverage.  This means that Medicaid
should not pay the claim if any other health care insurance plan is liable
for a claim.  C.S.S.B. 1248 would require the department, not later than
September 1, 2000, to submit a report to the legislature relating to
third-party Medicaid recoveries made by the department, and an insurer to
maintain a file system which contains certain information about each
subscriber or policyholder and their dependents.  

PURPOSE

As proposed, C.S.S.B. 1248 regulates and provides penalties for Medicaid
third-party recoveries. 

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 32.042, Human Resources Code, to require an
insurer to maintain a file system that contains the name, address,
including claim submission address, group policy number, employer's mailing
address, social security number, and date of birth of each subscriber or
policyholder covered by the insurer and the name, address, including claim
submission address, and date of birth of each dependent of each subscriber
or policyholder covered by the insurer.  Provides that a plan
administrator, rather than third-party administrator, is subject to this
subsection to the extent the information described in this subsection is
made available to the plan administrator, rather than thirdparty
administrator, from the plan.  Prohibits an insurer from being required to
provide information in response to a request under this section more than
once every six months, rather than during a calendar year.  Requires the
Texas Department of Human Services (department) to enter into an agreement
to reimburse an insurer for necessary and reasonable costs incurred in
providing information requested under this section.  Requires the
procedures agreed to under this subsection to state the time and manner the
procedures take effect.  Provides that this section applies to a plan
administrator in the same manner and to the same extent as an insurer if
the plan administrator has the information necessary to comply with the
applicable requirement.  Defines "plan administrator" and "insurer."
Deletes text regarding a third party administrator being subjected to this
section.  Makes conforming changes. 

SECTION 2.  Amends Chapter 32B, Human Resources Code, by adding Section
32.0421, as follows: 

Sec. 32.0421.  ADMINISTRATIVE PENALTY FOR FAILURE TO PROVIDE INFORMATION.
Authorizes the department to impose an administrative penalty on a person
who does not comply with a request for information made under Section
32.042(b).  Prohibits the amount of the penalty from exceeding $10,000 for
each day of noncompliance that occurs after the 180th day after the date of
the request.  Sets forth the basis for the amount of the penalty.
Authorizes the enforcement of the penalty to be stayed during the time the
order is under judicial review, if the person pays the penalty to the clerk
of the court or files a supersedeas bond with the court in the amount of
the penalty.  Authorizes a person who cannot afford to pay a penalty or
file a bond to stay the enforcement by filing an affidavit in a certain
manner.  Authorizes the attorney general to sue to collect the penalty.
Provides that a proceeding to impose the penalty is considered to be a
contested case under Chapter 2001, Government Code. 

SECTION 3.  Requires the department, not later than September 1, 2000, to
submit a report to the legislature relating to third-party Medicaid
recoveries made by the department.  Sets forth the required information
required to be include in the report. 

SECTION 4.Effective date: September 1, 1999.

SECTION 5.Emergency clause.    

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 32.042, Human Resources Code, to provide that a plan
administrator, rather than third-party administrator, is subject to this
subsection to the extent the information described in this subsection is
made available to the plan administrator, rather than third-party
administrator, from the plan.  Provides that this section applies to a plan
administrator in the same manner and to the same extent as an insurer if
the plan administrator has the information necessary to comply with the
applicable requirement.  Deletes text regarding a third-party administrator
being subject to this subsection to the extent the information described in
this subsection is made available to the third-party administrator from the
plan.  Deletes text providing that this section applies to a plan
administrator in the same manner and to the same extent as an insurer.