By Janek, Siebert, Reyna of Bexar, et al.             H.B. No. 1498
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the availability of health benefit coverage options for
 1-3     health maintenance organization eligible enrollees.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter A, Chapter 26, Insurance Code, is
 1-6     amended by adding Article 26.09 to read as follows:
 1-7           Art. 26.09.  AVAILABILITY OF HEALTH BENEFIT COVERAGE OPTIONS.
 1-8     (a)  In this article:
 1-9                 (1)  "Non-network plan" means health benefit coverage
1-10     that provides an enrollee an opportunity to obtain health care
1-11     services through a health delivery system other than a health
1-12     maintenance organization delivery network, as defined by Section 2,
1-13     Texas Health Maintenance Organization Act (Article 20A.02, Vernon's
1-14     Texas Insurance Code).
1-15                 (2)  "Point-of-service plan" means an arrangement under
1-16     which an enrollee may choose to obtain benefits and services, or
1-17     both benefits and services, through either a health maintenance
1-18     organization delivery network, including a limited provider
1-19     network, or through a non-network delivery system outside the
1-20     health maintenance organization's health care delivery network,
1-21     including a limited provider network, and that are administered
1-22     through an indemnity benefit arrangement for the cost of health
1-23     care services.
1-24                 (3)  "Preferred provider benefit plan" means an
 2-1     insurance policy issued and licensed under Article 3.70-3C of this
 2-2     code, as added by Chapter 1024, Acts of the 75th Legislature,
 2-3     Regular Session, 1997.
 2-4           (b)  If the only health benefit coverage offered under an
 2-5     employer's health benefit plan is a network-based delivery system
 2-6     of coverage offered by one or more health maintenance
 2-7     organizations, each health maintenance organization offering
 2-8     coverage under the employer's health benefit plan must offer to all
 2-9     eligible employees the opportunity to obtain health benefit
2-10     coverage through a non-network plan at the time of enrollment and
2-11     at least annually, unless all health maintenance organizations
2-12     offering coverage under the employer's health benefit plan enter
2-13     into an agreement designating one or more of those health
2-14     maintenance organizations to offer that coverage.  The coverage
2-15     required under this subsection may be provided through a
2-16     point-of-service contract, a preferred provider benefit plan, or
2-17     any coverage arrangement that allows an enrollee to access services
2-18     outside the health maintenance organization's or limited provider
2-19     network's delivery network.
2-20           (c)  The premium for coverage required to be offered under
2-21     this article shall be based on the actuarial value of that coverage
2-22     and may be different than the premium for the health maintenance
2-23     organization coverage.
2-24           (d)  Different cost-sharing provisions may be imposed for a
2-25     point-of-service contract offered under this article and may be
2-26     higher than cost-sharing provisions for in-network health
2-27     maintenance organization coverage.  For enrollees in limited
 3-1     provider networks, higher cost sharing may be imposed only when
 3-2     obtaining benefits or services outside the health maintenance
 3-3     organization delivery network.
 3-4           (e)  Any additional costs for the non-network plan are the
 3-5     responsibility of the employee who chooses the non-network plan,
 3-6     and the employer may impose a reasonable administrative cost for
 3-7     providing the non-network plan option.
 3-8           (f)  This article does not apply to a small employer health
 3-9     benefit plan.
3-10           SECTION 2.  Subchapter F, Chapter 3, Insurance Code, is
3-11     amended by adding Article 3.64 to read as follows:
3-12           Art. 3.64.  CONTRACTS BETWEEN HEALTH MAINTENANCE
3-13     ORGANIZATIONS AND INSURERS.  (a)  In this article:
3-14                 (1)  "Blended contract" means a single document,
3-15     including a single contract policy, certificate, or evidence of
3-16     coverage, that provides a combination of indemnity and health
3-17     maintenance organization benefits.
3-18                 (2)  "Health maintenance organization" has the meaning
3-19     assigned by Section 2, Texas Health Maintenance Organization Act
3-20     (Article 20A.02, Vernon's Texas Insurance Code).
3-21                 (3)  "Insurance carrier" means an insurance company,
3-22     group hospital service corporation, association, or organization
3-23     authorized to do business in this state under this chapter or
3-24     Chapter 8, 10, 11, 12, 13, 14, 15, 18, 19, 20, or 22 of this code.
3-25                 (4)  "Point-of-service plan" means an arrangement under
3-26     which:
3-27                       (A)  an enrollee may choose to obtain benefits or
 4-1     services, or both benefits and services, through either a health
 4-2     maintenance organization delivery network, including a limited
 4-3     provider network,  or through a non-network delivery system outside
 4-4     the health maintenance organization's health care delivery network,
 4-5     including a limited provider network, and that are administered
 4-6     through an indemnity benefit arrangement for the cost of health
 4-7     care services; or
 4-8                       (B)  indemnity benefits for the cost of the
 4-9     health care services may be provided by an insurer or group
4-10     hospital service corporation in conjunction with network benefits
4-11     arranged or provided by a health maintenance organization.
4-12           (b)  An insurance carrier may contract with a health
4-13     maintenance organization to provide benefits under a
4-14     point-of-service plan, including optional coverage for out-of-area
4-15     services or out-of-network care.
4-16           (c)  An insurance carrier and a health maintenance
4-17     organization may offer a blended contract if indemnity benefits are
4-18     combined with health maintenance organization benefits.  The use of
4-19     a blended contract is limited to point-of-service arrangements
4-20     between an insurance carrier and a health maintenance organization.
4-21           (d)  A blended contract delivered, issued, or used in this
4-22     state is subject to and must be filed with the department for
4-23     approval as provided by Article 3.42 of this code and Section
4-24     9(a)(5), Texas Health Maintenance Organization Act (Article 20A.09,
4-25     Vernon's Texas Insurance Code).
4-26           (e)  Indemnity benefits and services provided under a
4-27     point-of-service plan may be limited to those services as defined
 5-1     by the blended contract and may be subject to different
 5-2     cost-sharing provisions.  The cost-sharing provisions for the
 5-3     indemnity benefits may be higher than cost-sharing provisions for
 5-4     in-network health maintenance organization coverage.  For enrollees
 5-5     in limited provider networks, higher cost sharing may be imposed
 5-6     only when obtaining benefits or services outside the health
 5-7     maintenance organization delivery network.
 5-8           (f)  The commissioner may adopt rules to implement this
 5-9     article.
5-10           SECTION 3.  Section 2, Texas Health Maintenance Organization
5-11     Act (Article 20A.02, Vernon's Texas Insurance Code), is amended by
5-12     amending Subsection (i) and by adding Subsections (aa) and (bb) to
5-13     read as follows:
5-14           (i)  "Evidence of coverage" means any certificate, agreement,
5-15     or contract, including a blended contract, issued to an enrollee
5-16     setting out the coverage to which the enrollee is entitled.
5-17           (aa)  "Blended contract" means a single document, including a
5-18     single contract policy, certificate, or evidence of coverage, that
5-19     provides a combination of indemnity and health maintenance
5-20     organization benefits.
5-21           (bb)  "Point-of-service plan" means an arrangement under
5-22     which:
5-23                 (1)  an enrollee may choose to obtain benefits or
5-24     services, or both benefits and services, through either a health
5-25     maintenance organization delivery network, including a limited
5-26     provider network, or through a non-network delivery system outside
5-27     the health maintenance organization's health care delivery network,
 6-1     including a limited provider network, and that are administered
 6-2     through an indemnity benefit arrangement for the cost of health
 6-3     care services; or
 6-4                 (2)  indemnity benefits for the cost of the health care
 6-5     services may be provided by an insurer or group hospital service
 6-6     corporation in conjunction with corresponding benefits arranged or
 6-7     provided by a health maintenance organization or indemnity benefits
 6-8     for the cost of the health care services provided by a health
 6-9     maintenance organization through a point-of-service rider as
6-10     provided by Section (6)(a)(6)(D) of this Act in conjunction with
6-11     corresponding benefits arranged or provided by a health maintenance
6-12     organization.
6-13           SECTION 4.  Section 6, Texas Health Maintenance Organization
6-14     Act (Article 20A.06, Vernon's Texas Insurance Code), is amended by
6-15     amending Subsection (a) and adding Subsection (c) to read as
6-16     follows:
6-17           (a)  The powers of a health maintenance organization include,
6-18     but are not limited to, the following:
6-19                 (1)  the purchase, lease, construction, renovation,
6-20     operation, or maintenance of hospitals, medical facilities, or
6-21     both, and ancillary equipment and such property as may reasonably
6-22     be required for its principal office or for such other purposes as
6-23     may be necessary in the transaction of the business of the health
6-24     maintenance organization;
6-25                 (2)  the making of loans to a medical group, under an
6-26     independent contract with it in furtherance of its program, or
6-27     corporations under its control, for the purpose of acquiring or
 7-1     constructing medical facilities and hospitals, or in the
 7-2     furtherance of a program providing health care services to
 7-3     enrollees;
 7-4                 (3)  the furnishing of or arranging for medical care
 7-5     services only through other health maintenance organizations or
 7-6     physicians or groups of physicians who have independent contracts
 7-7     with the health maintenance organizations; the furnishing of or
 7-8     arranging for the delivery of health care services only through
 7-9     other health maintenance organizations or providers or groups of
7-10     providers who are under contract with or employed by the health
7-11     maintenance organization or through other health maintenance
7-12     organizations or physicians or providers who have contracted for
7-13     health care services with those other health maintenance
7-14     organizations or physicians or providers, except for the furnishing
7-15     of or authorization for emergency services, services by referral,
7-16     and services to be provided outside of the service area as approved
7-17     by the commissioner; provided, however, that a health maintenance
7-18     organization is not authorized to employ or contract with other
7-19     health maintenance organizations or physicians or providers in any
7-20     manner which is prohibited by any licensing law of this state under
7-21     which such health maintenance organizations or physicians or
7-22     providers are licensed; however, if a hospital, facility, agency,
7-23     or supplier is certified by the Medicare program, Title XVIII of
7-24     the Social Security Act (42 U.S.C. Section 1395 et seq.), or
7-25     accredited by the Joint Commission on Accreditation of Healthcare
7-26     Organizations or another national accrediting body, the health
7-27     maintenance organization shall be required to accept such
 8-1     certification or accreditation;
 8-2                 (4)  the contracting with any person for the
 8-3     performance on its behalf of certain functions such as marketing,
 8-4     enrollment, and administration;
 8-5                 (5)  the contracting with an insurance company licensed
 8-6     in this state, or with a group hospital service corporation
 8-7     authorized to do business in the state, for the provision of
 8-8     insurance, reinsurance, indemnity, or reimbursement against the
 8-9     cost of health care and medical care services provided by the
8-10     health maintenance organization;
8-11                 (6)  the offering of:
8-12                       (A)  indemnity benefits covering out-of-area
8-13     emergency services; [and]
8-14                       (B)  indemnity benefits in addition to those
8-15     relating to out-of-area and emergency services, provided through
8-16     insurers or group hospital service corporations;
8-17                       (C)  a point-of-service plan under Article 3.64,
8-18     Insurance Code; or
8-19                       (D)  a point-of-service rider under Subsection
8-20     (c) of this section;
8-21                 (7)  receiving and accepting from government or private
8-22     agencies payments covering all or part of the cost of the services
8-23     provided or arranged for by the organization;
8-24                 (8)  all powers given to corporations (including
8-25     professional corporations and associations), partnerships, and
8-26     associations pursuant to their organizational documents which are
8-27     not in conflict with provisions of this Act, or other applicable
 9-1     law.
 9-2           (c)  A health maintenance organization may offer a
 9-3     point-of-service rider for out-of-network coverage without
 9-4     obtaining a separate insurance carrier license if the expenses
 9-5     incurred under the point-of-service rider do not exceed 10 percent
 9-6     of the total medical and hospital expenses incurred for all health
 9-7     plan products sold.  If the expenses incurred by a health
 9-8     maintenance organization under a point-of-service rider exceed 10
 9-9     percent of the total medical and hospital expenses incurred for all
9-10     health plan products sold, the health maintenance organization
9-11     shall cease issuing new point-of-service riders until those
9-12     expenses fall below 10 percent or until the health maintenance
9-13     organization obtains an insurance carrier license under this Act.
9-14     Indemnity benefits and services provided under a point-of-service
9-15     rider may be limited to those services defined in the evidence of
9-16     coverage and may be subject to different cost-sharing provisions.
9-17     The cost-sharing provisions for indemnity benefits may be higher
9-18     than the cost-sharing provisions for in-network health maintenance
9-19     organization coverage.  For enrollees in limited provider networks,
9-20     higher cost sharing may be imposed only when obtaining benefits or
9-21     services outside the health maintenance organization delivery
9-22     network.  A health maintenance organization that issues a
9-23     point-of-service rider under this section must meet the net worth
9-24     requirements promulgated by the commissioner based on the actuarial
9-25     relation of the amount of insurance risk assumed through the
9-26     issuance of the point-of-service rider in relation to the amount of
9-27     solvency and reserve requirements already required of the health
 10-1    maintenance organization.
 10-2          SECTION 5.  This Act takes effect September 1, 1999, and
 10-3    applies only to an evidence of coverage for a health benefit plan
 10-4    that is delivered, issued for delivery, or renewed on or after
 10-5    January 1, 2000.  An evidence of coverage for a health benefit plan
 10-6    that is delivered, issued for delivery, or renewed before January
 10-7    1, 2000, is governed by the law as it existed immediately before
 10-8    the effective date of this Act, and that law is continued in effect
 10-9    for this purpose.
10-10          SECTION 6.  The importance of this legislation and the
10-11    crowded condition of the calendars in both houses create an
10-12    emergency and an imperative public necessity that the
10-13    constitutional rule requiring bills to be read on three several
10-14    days in each house be suspended, and this rule is hereby suspended.