By Dukes                                               H.B. No. 859
         76R3980 AJA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain health benefit plan coverages involving women's
 1-3     health issues.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Article 21.53C, Insurance Code, is amended to
 1-6     read as follows:
 1-7           Art. 21.53C.  BENEFITS FOR DETECTION AND PREVENTION OF
 1-8     OSTEOPOROSIS
 1-9           Sec. 1.  DEFINITION.  In this article, "qualified [UNDER
1-10     GROUP POLICIES. (a) In this article, "group health insurance
1-11     policy" means a group insurance policy, group hospital service
1-12     contract, or group contract issued by a health maintenance
1-13     organization that is delivered, issued for delivery, or renewed in
1-14     this state and that provides benefits for medical or surgical
1-15     expenses incurred as a result of accident or sickness.]
1-16           [(b)  "Qualified] individual" means:
1-17                 (1)  a postmenopausal woman who is not receiving
1-18     estrogen replacement therapy or an individual who is estrogen
1-19     deficient and at  clinical risk for osteoporosis;
1-20                 (2)  an individual with:
1-21                       (A)  vertebral abnormalities;
1-22                       (B)  primary hyperparathyroidism; [or]
1-23                       (C)  a history of bone fractures; or
1-24                       (D)  a specific sign suggestive of spinal
 2-1     osteoporosis; or
 2-2                 (3)  an individual who is:
 2-3                       (A)  receiving long-term glucocorticoid therapy;
 2-4     or
 2-5                       (B)  being monitored to assess the response to or
 2-6     efficacy of an approved osteoporosis drug therapy.
 2-7           Sec. 2.  SCOPE OF ARTICLE.  (a)  This article applies only to
 2-8     a health benefit plan that:
 2-9                 (1)  provides benefits for medical or surgical expenses
2-10     incurred as a result of a health condition, accident, or sickness,
2-11     including:
2-12                       (A)  an individual, group, blanket, or franchise
2-13     insurance policy or insurance agreement, a group hospital service
2-14     contract, or an individual or group evidence of coverage that is
2-15     offered by:
2-16                             (i)  an insurance company;
2-17                             (ii)  a group hospital service corporation
2-18     operating under Chapter 20 of this code;
2-19                             (iii)  a fraternal benefit society
2-20     operating under Chapter 10 of this code;
2-21                             (iv)  a stipulated premium insurance
2-22     company operating under Chapter 22 of this code; or
2-23                             (v)  a health maintenance organization
2-24     operating under the Texas Health Maintenance Organization Act
2-25     (Chapter 20A, Vernon's Texas Insurance Code); or
2-26                       (B)  to the extent permitted by the Employee
2-27     Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et
 3-1     seq.), a health benefit plan that is offered by a multiple employer
 3-2     welfare arrangement as defined by Section 3, Employee Retirement
 3-3     Income Security Act of 1974 (29 U.S.C. Section 1002), or another
 3-4     analogous benefit arrangement; or
 3-5                 (2)  is offered by an approved nonprofit health
 3-6     corporation that is certified under Section 5.01(a), Medical
 3-7     Practice Act (Article 4495b, Vernon's Texas Civil Statutes), and
 3-8     that holds a certificate of authority issued by the commissioner
 3-9     under Article 21.52F of this code.
3-10           (b)  This article does not apply to:
3-11                 (1)  a plan that provides coverage:
3-12                       (A)  only for a specified disease or other
3-13     limited benefit;
3-14                       (B)  only for accidental death or dismemberment;
3-15                       (C)  for wages or payments in lieu of wages for a
3-16     period during which an employee is absent from work because of
3-17     sickness or injury;
3-18                       (D)  as a supplement to liability insurance; or
3-19                       (E)  only for indemnity for hospital confinement
3-20     or other hospital expenses;
3-21                 (2)  a small employer health benefit plan written under
3-22     Chapter 26 of this code;
3-23                 (3)  a Medicare supplemental policy as defined by
3-24     Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss);
3-25                 (4)  workers' compensation insurance coverage;
3-26                 (5)  medical payment insurance issued as part of a
3-27     motor vehicle insurance policy; or
 4-1                 (6)  a long-term care policy, including a nursing home
 4-2     fixed indemnity policy, unless the commissioner determines that the
 4-3     policy provides benefit coverage so comprehensive that the policy
 4-4     is a health benefit plan as described by Subsection (a)  of this
 4-5     section.
 4-6           Sec. 3.  COVERAGE REQUIRED.  [(c)] A group health insurance
 4-7     policy must, on the prescription of a health care provider,
 4-8     provide coverage for a qualified individual covered by the policy
 4-9     for:
4-10                 (1)  medically accepted bone mass measurement for the
4-11     detection of low bone mass and to determine the person's risk of
4-12     osteoporosis and fractures associated with osteoporosis; and
4-13                 (2)  hormone replacement or other drug therapies.
4-14           SECTION 2.  Section 2(b), Article 21.53D, Insurance Code, as
4-15     added by Chapter 84, Acts of the 75th Legislature, Regular Session,
4-16     1997,  is amended to read as follows:
4-17           (b)  This article does not apply to:
4-18                 (1)  a plan that provides coverage:
4-19                       (A)  only for a specified disease except for
4-20     cancer;
4-21                       (B)  only for accidental death or dismemberment;
4-22                       (C)  for wages or payments in lieu of wages for a
4-23     period during which an employee is absent from work because of
4-24     sickness or injury;
4-25                       (D)  for specified accident, hospital indemnity,
4-26     or other limited benefits health insurance policies;
4-27                       (E)  for credit insurance;
 5-1                       (F)  only for dental or vision care;
 5-2                       (G)  for hospital confinement indemnity coverage
 5-3     only;  [or]
 5-4                       (H)  as a supplement to liability insurance; or
 5-5                       (I)  for one type of cancer only, as identified
 5-6     by department rule, except for a plan covering breast cancer only;
 5-7                 (2)  a small employer plan written under Chapter 26 of
 5-8     this code;
 5-9                 (3)  a Medicare supplemental policy as defined by
5-10     Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss);
5-11                 (4)  workers' compensation insurance coverage;
5-12                 (5)  medical payment insurance issued as part of a
5-13     motor vehicle insurance policy; or
5-14                 (6)  a long-term care policy, including a nursing home
5-15     fixed indemnity policy, unless the commissioner determines that the
5-16     policy provides benefit coverage so comprehensive that the policy
5-17     is a health benefit plan as described by Subsection (a)  of this
5-18     section.
5-19           SECTION 3.  Section 3, Article 21.53D, Insurance Code, as
5-20     added by Chapter 84, Acts of the 75th Legislature, Regular Session,
5-21     1997, is amended to read as follows:
5-22           Sec. 3.  COVERAGE REQUIRED.  (a) A health benefit plan that
5-23     provides coverage for any of the group of related diseases commonly
5-24     known as cancer must provide coverage for treatment for breast
5-25     cancer, including coverage for mastectomy and breast
5-26     reconstruction.
5-27           (b) A health benefit plan that provides coverage for
 6-1     mastectomy must provide coverage for breast reconstruction.
 6-2           (c)  The coverage required under Subsection (a) of this
 6-3     section may be subject to the same deductible or copayment
 6-4     applicable to coverage for any other type of cancer treatment
 6-5     [mastectomy].
 6-6           SECTION 4.  Article 21.53D, Insurance Code, as added by
 6-7     Chapter 912, Acts of the 75th Legislature, Regular Session, 1997,
 6-8     is redesignated as Article 21.53H and amended to read as follows:
 6-9           Art. 21.53H [21.53D].  CARE INVOLVING CERTAIN WOMEN'S HEALTH
6-10     ISSUES [ACCESS TO CERTAIN OBSTETRICAL OR GYNECOLOGICAL CARE]
6-11           Sec. 1.    DEFINITIONS.  In this article:
6-12                 (1)  "Enrollee" means an individual enrolled in a
6-13     health benefit plan.
6-14                 (2)  "Health benefit plan" means a plan described in
6-15     Section 2 of this article.
6-16                 (3)  "Physician" means a person licensed as a physician
6-17     by the Texas State Board of Medical Examiners.
6-18           Sec. 2.  SCOPE OF ARTICLE.  (a)  This article applies to a
6-19     health benefit plan that:
6-20                 (1)  provides benefits for medical or surgical expenses
6-21     incurred as a result of a health condition, accident, or sickness,
6-22     including:
6-23                       (A)  an individual, group, blanket, or franchise
6-24     insurance policy or insurance agreement, a group hospital service
6-25     contract, or an individual or group evidence of coverage that is
6-26     offered by:
6-27                             (i)  an insurance company;
 7-1                             (ii)  a group hospital service corporation
 7-2     operating under Chapter 20 of this code;
 7-3                             (iii)  a fraternal benefit society
 7-4     operating under Chapter 10 of this code;
 7-5                             (iv)  a stipulated premium insurance
 7-6     company operating under Chapter 22 of this code; or
 7-7                             (v)  a health maintenance organization
 7-8     operating under the Texas Health Maintenance Organization Act
 7-9     (Chapter 20A, Vernon's Texas Insurance Code); and
7-10                       (B)  to the extent permitted by the Employee
7-11     Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et
7-12     seq.), a health benefit plan that is offered by:
7-13                             (i)  a multiple employer welfare
7-14     arrangement as defined by Section 3, Employee Retirement Income
7-15     Security Act of 1974 (29 U.S.C. Section 1002); or
7-16                             (ii)  another analogous benefit
7-17     arrangement;
7-18                 (2)  is offered by an approved nonprofit health
7-19     corporation that is certified under Section 5.01(a), Medical
7-20     Practice Act (Article 4495b, Vernon's Texas Civil Statutes), and
7-21     that holds a certificate of authority issued by the commissioner
7-22     under Article 21.52F of this code; or
7-23                 (3)  is offered by any other entity not licensed under
7-24     this code or another insurance law of this state that contracts
7-25     directly for health care services on a risk-sharing basis,
7-26     including an entity that contracts for health care services on a
7-27     capitation basis.
 8-1           (b)  Notwithstanding Section 172.014, Local Government Code,
 8-2     or any other law, this article applies to health and accident
 8-3     coverage provided by a risk pool created under Chapter 172, Local
 8-4     Government Code.
 8-5           (c)  This article does not apply to:
 8-6                 (1)  a plan that provides coverage:
 8-7                       (A)  only for a specified disease;
 8-8                       (B)  only for accidental death or dismemberment;
 8-9                       (C)  for wages or payments in lieu of wages for a
8-10     period during which an employee is absent from work because of
8-11     sickness or injury; or
8-12                       (D)  as a supplement to liability insurance;
8-13                 (2)  a plan written under Chapter 26 of this code;
8-14                 (3)  a Medicare supplemental policy as defined by
8-15     Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss);
8-16                 (4)  workers' compensation insurance coverage;
8-17                 (5)  medical payment insurance issued as a part of a
8-18     motor vehicle insurance policy; or
8-19                 (6)  a long-term care policy, including a nursing home
8-20     fixed indemnity policy, unless the commissioner determines that the
8-21     policy provides benefit coverage so comprehensive that the policy
8-22     is a health benefit plan as described by Subsection (a)  of this
8-23     section. [;]
8-24           (d)  Sections 3 and 4 of this article do not apply to:
8-25                 (1) [(7)]  any health benefit plan that does not
8-26     provide pregnancy-related benefits; or
8-27                 (2) [(8)]  any health benefit plan that does not
 9-1     provide well-woman care benefits.
 9-2           (e) [(d)]  This article applies to each health benefit plan
 9-3     that requires an enrollee to obtain certain specialty health care
 9-4     services through a referral made by a primary care physician or
 9-5     other gatekeeper.
 9-6           Sec. 3.  ACCESS OF FEMALE ENROLLEE TO HEALTH CARE.  (a)  Each
 9-7     health benefit plan subject to this article shall permit a woman
 9-8     who is entitled to coverage under the plan to select, in addition
 9-9     to a primary care physician, an obstetrician or gynecologist to
9-10     provide health care services within the scope of the professional
9-11     specialty practice of a properly credentialed obstetrician or
9-12     gynecologist.  This section does not preclude a woman from
9-13     selecting a family physician, internal medicine physician, or other
9-14     qualified physician to provide that care.
9-15           (b)  The plan shall include in the classification of persons
9-16     authorized to provide medical services under the plan a number of
9-17     properly credentialed obstetricians and gynecologists sufficient to
9-18     ensure access to the services that fall within the scope of that
9-19     credential.
9-20           (c)  This section does not affect the authority of a health
9-21     benefit plan to establish selection criteria regarding other
9-22     physicians who provide services through the plan.
9-23           Sec. 4.  DIRECT ACCESS TO SERVICES OF OBSTETRICIAN OR
9-24     GYNECOLOGIST.  (a)  In addition to other benefits authorized by the
9-25     plan, each health benefit plan shall permit a woman who designates
9-26     an obstetrician or gynecologist as provided under Section 3 of this
9-27     article direct access to the health care services of the designated
 10-1    obstetrician or gynecologist without a referral by the woman's
 10-2    primary care physician or prior authorization or precertification
 10-3    from a health benefit plan.
 10-4          (b)  The access to health care services required under this
 10-5    article includes, but is not limited to:
 10-6                (1)  one well-woman examination per year;
 10-7                (2)  care related to pregnancy;
 10-8                (3)  care for all active gynecological conditions; and
 10-9                (4)  diagnosis, treatment, and referral for any disease
10-10    or condition within the scope of the professional practice of a
10-11    properly credentialed obstetrician or gynecologist.
10-12          (c)  A health benefit plan may not impose a copayment or
10-13    deductible for direct access to the health care services of an
10-14    obstetrician or gynecologist under this section unless such an
10-15    additional cost is imposed for access to other health care services
10-16    provided under the plan.
10-17          (d)  This section does not affect the authority of a health
10-18    benefit plan to require the designated obstetrician or gynecologist
10-19    to forward information concerning the medical care of the patient
10-20    to the primary care physician.  Failure to provide this information
10-21    may not result in any penalty, financial or otherwise, being
10-22    imposed upon the obstetrician or gynecologist or the patient by the
10-23    health benefit plan if the obstetrician or gynecologist has made a
10-24    reasonable and good-faith effort to provide the information to the
10-25    primary care physician.
10-26          (e)  In implementing the access required under Section 3 of
10-27    this article, a health benefit plan may limit a woman enrolled in
 11-1    the plan to self-referral to one participating obstetrician and
 11-2    gynecologist for both gynecological care and obstetrical care.
 11-3    This subsection does not affect the right of the woman to select
 11-4    the physician who provides that care.
 11-5          (f)  A health benefit plan shall not sanction or terminate
 11-6    primary care physicians as a result of female enrollees' access to
 11-7    participating obstetricians and gynecologists under this section.
 11-8          Sec. 5.  TREATMENT OF HORMONE DEFICIENCY.  A health benefit
 11-9    plan shall, on the prescription of a health care provider, provide
11-10    to a woman who is entitled to coverage under the plan coverage for
11-11    hormone replacement therapy for the treatment of menopausal
11-12    symptoms other than osteoporosis.
11-13          Sec. 6.  CERVICAL CYTOLOGY.  A health benefit plan may not
11-14    impose a deductible, coinsurance, or a copayment specifically for a
11-15    cervical cytology procedure.
11-16          Sec. 7.  ANNUAL MAMMOGRAPHY FOR CERTAIN ENROLLEES.  (a)  A
11-17    health benefit plan shall provide coverage for an annual mammogram
11-18    for a woman who is entitled to coverage under the plan and who is
11-19    at least 40 years of age.
11-20          (b)  A health benefit plan may not impose a deductible,
11-21    coinsurance, or a copayment for services under this section.
11-22          Sec. 8 [5].  NOTICE.  Each health benefit plan shall provide
11-23    to persons covered by the plan a timely written notice in clear and
11-24    accurate language of the choices of types of physician providers
11-25    for the direct access to health care services required by Sections
11-26    3 and 4 of  this article.
11-27          Sec. 9 [6].  RULES.  The commissioner shall adopt rules as
 12-1    necessary to implement this article.
 12-2          Sec. 10 [7].  ADMINISTRATIVE PENALTY.  An insurance company,
 12-3    health maintenance organization, or other entity that operates a
 12-4    health benefit plan in violation of this article is subject to an
 12-5    administrative penalty as provided by Article 1.10E of this code.
 12-6          SECTION 5.   This Act takes effect September 1, 1999, and
 12-7    applies only to an insurance policy, evidence of coverage,
 12-8    contract, or other document establishing coverage under a health
 12-9    benefit plan that is delivered, issued for delivery, or renewed on
12-10    or after the effective date of this Act.  An insurance policy,
12-11    evidence of coverage, contract, or other document establishing
12-12    coverage under a health benefit plan that is delivered, issued for
12-13    delivery, or renewed before the effective date of this Act is
12-14    governed by the law as it existed immediately before that date, and
12-15    that law is continued in effect for that purpose.
12-16          SECTION 6.  The importance of this legislation and the
12-17    crowded condition of the calendars in both houses create an
12-18    emergency and an imperative public necessity that the
12-19    constitutional rule requiring bills to be read on three several
12-20    days in each house be suspended, and this rule is hereby suspended.