SRC-SLL, DBM S.B. 1468 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1468
FOPB-1By: Harris
Economic Development
4/5/1999
As Filed


DIGEST 

Currently, federal antitrust law prohibits physicians from establishing
networks to negotiate contract provisions with health benefit plans.  S.B.
1468 would authorize physicians practicing within the service area of a
health benefit plan to collectively negotiate the terms and conditions
described by Subsection (b) of this article, if the health plan has
substantial market power and if the physicians have a representative to
engage in collective negotiations.   

PURPOSE

As proposed, S.B. 1468 sets forth provisions for the requirements of
collective negotiations by physicians, or their representative, with
certain health benefit plans. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Commissioner of Insurance in SECTION
1 (Article 29.08, Chapter 29, Insurance Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends the Insurance Code, by adding Chapter 29, as follows:

CHAPTER 29.  COLLECTIVE NEGOTIATIONS BY PHYSICIANS
WITH HEALTH BENEFIT PLANS

Art. 29.01.  DEFINITIONS.  Defines "health benefit plan," "person,"
"physicians' representative," and "substantial market power." 

Art. 29.02.  SCOPE OF CHAPTER.  Provides that this chapter applies only to
a health benefit plan that provides benefits for medical or surgical
expenses incurred as a result of a health condition, accident, or sickness,
including an individual, group, blanket, or franchise insurance policy or
insurance agreement, a group hospital service contract, or an individual or
group evidence of coverage or similar coverage document that is offered by
certain entities.  Sets forth descriptions of the limitations of this
chapter. 

Art. 29.03.  COLLECTIVE NEGOTIATION AUTHORIZED.  Authorizes physicians
practicing within the service area of a health benefit plan to collectively
negotiate the terms and conditions described by Subsection (b) of this
article, if the health plan has substantial market power.  Sets forth
certain terms and conditions of contracts with health benefit plans that a
physician is authorized to collectively negotiate.  Prohibits this chapter
from being construed as authorizing a boycott of a health benefit plan by
physicians. 

Art. 29.04.  LIMITATIONS ON COLLECTIVE NEGOTIATION.  Authorizes physicians,
within cerain limitations, to collectively negotiate certain fees, prices,
conversion factors, discount amounts, dollar amounts of capitation, or
inclusions or alterations of terms or conditions with a health benefit
plan, if the health benefit plan has substantial market power. Provides
that Subsection (a)(5) of this article does not affect the right of a
physician or group of physicians to collectively petition a governmental
entity for a change in a law, rule, or regulation. 
 
Art. 29.05.  COLLECTIVE NEGOTIATION REQUIREMENTS.  Sets forth the required
collective negotiation rights conformities.  Prohibits a physicians'
representative from representing more than 30 percent of the physicians, or
of a particular physician type or specialty, practicing in the service area
or proposed service area of a health benefit plan that covers less than
five percent of the actual number of consumers of prepaid comprehensive
health services in the area, as determined by the Texas Department of
Insurance (department). 

Art. 29.06.  REQUIREMENTS FOR PHYSICIANS' REPRESENTATIVE.  Requires a
person who acts as a physicians' representative under this chapter to file
with the Commissioner of Insurance (commissioner), in the manner prescribed
by the commissioner, information identifying the representative, the
representative's plan of operation, and the representative's procedures to
ensure compliance with this article.  Requires the  physicians'
representative, before engaging in the collective negotiations, to also
submit a brief report identifying the proposed subject matter of the
negotiations  or discussions with the health benefit plan and the
efficiencies or benefits expected to be achieved through the negotiations
to the commissioner for the commissioner's approval.  Prohibits the
commissioner from approving the report, if the commissioner determines that
the proposed negotiations would exceed the authority granted under this
chapter.  Requires the representative to supplement the information in the
report as new information becomes available that indicates that the subject
matter of the negotiations with the health benefit plan has changed or will
change. Requires the commissioner, with the advice of the attorney general,
to approve or disapprove the activity identified in the report not later
than the 30th day after the date on which the report is filed. Requires the
commissioner to furnish a written explanation of any deficiencies, along
with a statement of specific proposals for remedial measures that would
cure the deficiencies, if disapproved.  Provides that a person who acts as
a physicians' representative without the approval of the commissioner under
this article acts outside of the authority granted under this chapter.
Requires the physicians' representative to furnish for approval by the
commissioner, before dissemination to the physicians, a copy of all
communications to be made to the physicians related to negotiations,
discussions, and offers made by the health benefit plan, before reporting
the results of negotiations with a health benefit plan or providing to the
affected physicians an evaluation of any offer made by a health benefit
plan.  Requires a physicians' representative to report the end of
negotiations to the commissioner not later than the 14th day after the date
of a health benefit plan decision declining negotiations, canceling
negotiations, or failing to respond to a request for negotiation. 

Art. 29.07.  CERTAIN COLLECTIVE ACTION PROHIBITED.  Provides that this
chapter is not intended to authorize competing physicians to act in concert
in response to a report issued by the physicians' representative related to
the representative's discussions or negotiations with health benefit plans.
Sets forth the required actions to be taken by the physicians'
representative. 

Art. 29.08.  FEES.  Requires each person who acts as the representative of
negotiating parties under this chapter to pay a fee to the department to
act as a representative.  Authorizes the commissioner, by rule, to set fees
in reasonable and necessary amounts to cover the costs incurred by the
department under this chapter.  Requires a fee collected under this article
to be deposited in the state treasury to the credit of the Texas Department
of Insurance operating fund. 

SECTION 2.Effective date: September 1, 1999.

SECTION 3.Emergency clause.