1-1     By:  Janek, et al. (Senate Sponsor - Sibley)          H.B. No. 1498
 1-2           (In the Senate - Received from the House May 6, 1999;
 1-3     May 7, 1999, read first time and referred to Committee on Economic
 1-4     Development; May 13, 1999, reported favorably by the following
 1-5     vote:  Yeas 4, Nays 0; May 13, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the availability of health benefit coverage options for
 1-9     health maintenance organization eligible enrollees.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Subchapter A, Chapter 26, Insurance Code, is
1-12     amended by adding Article 26.09 to read as follows:
1-13           Art. 26.09.  AVAILABILITY OF HEALTH BENEFIT COVERAGE OPTIONS.
1-14     (a)  In this article:
1-15                 (1)  "Non-network plan" means health benefit coverage
1-16     that provides an enrollee an opportunity to obtain health care
1-17     services through a health delivery system other than a health
1-18     maintenance organization delivery network, as defined by Section 2,
1-19     Texas Health Maintenance Organization Act (Article 20A.02, Vernon's
1-20     Texas Insurance Code).
1-21                 (2)  "Point-of-service plan" means an arrangement under
1-22     which an enrollee may choose to obtain benefits and services, or
1-23     both benefits and services, through either a health maintenance
1-24     organization delivery network, including a limited provider
1-25     network, or through a non-network delivery system outside the
1-26     health maintenance organization's health care delivery network,
1-27     including a limited provider network, and that are administered
1-28     through an indemnity benefit arrangement for the cost of health
1-29     care services.
1-30                 (3)  "Preferred provider benefit plan" means an
1-31     insurance policy issued and licensed under Article 3.70-3C of this
1-32     code, as added by Chapter 1024, Acts of the 75th Legislature,
1-33     Regular Session, 1997.
1-34           (b)  If the only health benefit coverage offered under an
1-35     employer's health benefit plan is a network-based delivery system
1-36     of coverage offered by one or more health maintenance
1-37     organizations, each health maintenance organization offering
1-38     coverage under the employer's health benefit plan must offer to all
1-39     eligible employees the opportunity to obtain health benefit
1-40     coverage through a non-network plan at the time of enrollment and
1-41     at least annually, unless all health maintenance organizations
1-42     offering coverage under the employer's health benefit plan enter
1-43     into an agreement designating one or more of those health
1-44     maintenance organizations to offer that coverage.  The coverage
1-45     required under this subsection may be provided through a
1-46     point-of-service contract, a preferred provider benefit plan, or
1-47     any coverage arrangement that allows an enrollee to access services
1-48     outside the health maintenance organization's or limited provider
1-49     network's delivery network.
1-50           (c)  The premium for coverage required to be offered under
1-51     this article shall be based on the actuarial value of that coverage
1-52     and may be different than the premium for the health maintenance
1-53     organization coverage.
1-54           (d)  Different cost-sharing provisions may be imposed for a
1-55     point-of-service contract offered under this article and may be
1-56     higher than cost-sharing provisions for in-network health
1-57     maintenance organization coverage.  For enrollees in limited
1-58     provider networks, higher cost sharing may be imposed only when
1-59     obtaining benefits or services outside the health maintenance
1-60     organization delivery network.
1-61           (e)  Any additional costs for the non-network plan are the
1-62     responsibility of the employee who chooses the non-network plan,
1-63     and the employer may impose a reasonable administrative cost for
1-64     providing the non-network plan option.
 2-1           (f)  This article does not apply to a small employer health
 2-2     benefit plan.
 2-3           SECTION 2.  Subchapter F, Chapter 3, Insurance Code, is
 2-4     amended by adding Article 3.64 to read as follows:
 2-5           Art. 3.64.  CONTRACTS BETWEEN HEALTH MAINTENANCE
 2-6     ORGANIZATIONS AND INSURERS.  (a)  In this article:
 2-7                 (1)  "Blended contract" means a single document,
 2-8     including a single contract policy, certificate, or evidence of
 2-9     coverage, that provides a combination of indemnity and health
2-10     maintenance organization benefits.
2-11                 (2)  "Health maintenance organization" has the meaning
2-12     assigned by Section 2, Texas Health Maintenance Organization Act
2-13     (Article 20A.02, Vernon's Texas Insurance Code).
2-14                 (3)  "Insurance carrier" means an insurance company,
2-15     group hospital service corporation, association, or organization
2-16     authorized to do business in this state under this chapter or
2-17     Chapter 8, 10, 11, 12, 13, 14, 15, 18, 19, 20, or 22 of this code.
2-18                 (4)  "Point-of-service plan" means an arrangement under
2-19     which:
2-20                       (A)  an enrollee may choose to obtain benefits or
2-21     services, or both benefits and services, through either a health
2-22     maintenance organization delivery network, including a limited
2-23     provider network,  or through a non-network delivery system outside
2-24     the health maintenance organization's health care delivery network,
2-25     including a limited provider network, and that are administered
2-26     through an indemnity benefit arrangement for the cost of health
2-27     care services; or
2-28                       (B)  indemnity benefits for the cost of the
2-29     health care services may be provided by an insurer or group
2-30     hospital service corporation in conjunction with network benefits
2-31     arranged or provided by a health maintenance organization.
2-32           (b)  An insurance carrier may contract with a health
2-33     maintenance organization to provide benefits under a
2-34     point-of-service plan, including optional coverage for out-of-area
2-35     services or out-of-network care.
2-36           (c)  An insurance carrier and a health maintenance
2-37     organization may offer a blended contract if indemnity benefits are
2-38     combined with health maintenance organization benefits.  The use of
2-39     a blended contract is limited to point-of-service arrangements
2-40     between an insurance carrier and a health maintenance organization.
2-41           (d)  A blended contract delivered, issued, or used in this
2-42     state is subject to and must be filed with the department for
2-43     approval as provided by Article 3.42 of this code and Section
2-44     9(a)(5), Texas Health Maintenance Organization Act (Article 20A.09,
2-45     Vernon's Texas Insurance Code).
2-46           (e)  Indemnity benefits and services provided under a
2-47     point-of-service plan may be limited to those services as defined
2-48     by the blended contract and may be subject to different
2-49     cost-sharing provisions.  The cost-sharing provisions for the
2-50     indemnity benefits may be higher than cost-sharing provisions for
2-51     in-network health maintenance organization coverage.  For enrollees
2-52     in limited provider networks, higher cost sharing may be imposed
2-53     only when obtaining benefits or services outside the health
2-54     maintenance organization delivery network.
2-55           (f)  The commissioner may adopt rules to implement this
2-56     article.
2-57           SECTION 3.  Section 2, Texas Health Maintenance Organization
2-58     Act (Article 20A.02, Vernon's Texas Insurance Code), is amended by
2-59     amending Subsection (i) and by adding Subsections (aa) and (bb) to
2-60     read as follows:
2-61           (i)  "Evidence of coverage" means any certificate, agreement,
2-62     or contract, including a blended contract, issued to an enrollee
2-63     setting out the coverage to which the enrollee is entitled.
2-64           (aa)  "Blended contract" means a single document, including a
2-65     single contract policy, certificate, or evidence of coverage, that
2-66     provides a combination of indemnity and health maintenance
2-67     organization benefits.
2-68           (bb)  "Point-of-service plan" means an arrangement under
2-69     which:
 3-1                 (1)  an enrollee may choose to obtain benefits or
 3-2     services, or both benefits and services, through either a health
 3-3     maintenance organization delivery network, including a limited
 3-4     provider network, or through a non-network delivery system outside
 3-5     the health maintenance organization's health care delivery network,
 3-6     including a limited provider network, and that are administered
 3-7     through an indemnity benefit arrangement for the cost of health
 3-8     care services; or
 3-9                 (2)  indemnity benefits for the cost of the health care
3-10     services may be provided by an insurer or group hospital service
3-11     corporation in conjunction with corresponding benefits arranged or
3-12     provided by a health maintenance organization or indemnity benefits
3-13     for the cost of the health care services provided by a health
3-14     maintenance organization through a point-of-service rider as
3-15     provided by Section (6)(a)(6)(D) of this Act in conjunction with
3-16     corresponding benefits arranged or provided by a health maintenance
3-17     organization.
3-18           SECTION 4.  Section 6, Texas Health Maintenance Organization
3-19     Act (Article 20A.06, Vernon's Texas Insurance Code), is amended by
3-20     amending Subsection (a) and adding Subsection (c) to read as
3-21     follows:
3-22           (a)  The powers of a health maintenance organization include,
3-23     but are not limited to, the following:
3-24                 (1)  the purchase, lease, construction, renovation,
3-25     operation, or maintenance of hospitals, medical facilities, or
3-26     both, and ancillary equipment and such property as may reasonably
3-27     be required for its principal office or for such other purposes as
3-28     may be necessary in the transaction of the business of the health
3-29     maintenance organization;
3-30                 (2)  the making of loans to a medical group, under an
3-31     independent contract with it in furtherance of its program, or
3-32     corporations under its control, for the purpose of acquiring or
3-33     constructing medical facilities and hospitals, or in the
3-34     furtherance of a program providing health care services to
3-35     enrollees;
3-36                 (3)  the furnishing of or arranging for medical care
3-37     services only through other health maintenance organizations or
3-38     physicians or groups of physicians who have independent contracts
3-39     with the health maintenance organizations; the furnishing of or
3-40     arranging for the delivery of health care services only through
3-41     other health maintenance organizations or providers or groups of
3-42     providers who are under contract with or employed by the health
3-43     maintenance organization or through other health maintenance
3-44     organizations or physicians or providers who have contracted for
3-45     health care services with those other health maintenance
3-46     organizations or physicians or providers, except for the furnishing
3-47     of or authorization for emergency services, services by referral,
3-48     and services to be provided outside of the service area as approved
3-49     by the commissioner; provided, however, that a health maintenance
3-50     organization is not authorized to employ or contract with other
3-51     health maintenance organizations or physicians or providers in any
3-52     manner which is prohibited by any licensing law of this state under
3-53     which such health maintenance organizations or physicians or
3-54     providers are licensed; however, if a hospital, facility, agency,
3-55     or supplier is certified by the Medicare program, Title XVIII of
3-56     the Social Security Act (42 U.S.C. Section 1395 et seq.), or
3-57     accredited by the Joint Commission on Accreditation of Healthcare
3-58     Organizations or another national accrediting body, the health
3-59     maintenance organization shall be required to accept such
3-60     certification or accreditation;
3-61                 (4)  the contracting with any person for the
3-62     performance on its behalf of certain functions such as marketing,
3-63     enrollment, and administration;
3-64                 (5)  the contracting with an insurance company licensed
3-65     in this state, or with a group hospital service corporation
3-66     authorized to do business in the state, for the provision of
3-67     insurance, reinsurance, indemnity, or reimbursement against the
3-68     cost of health care and medical care services provided by the
3-69     health maintenance organization;
 4-1                 (6)  the offering of:
 4-2                       (A)  indemnity benefits covering out-of-area
 4-3     emergency services; [and]
 4-4                       (B)  indemnity benefits in addition to those
 4-5     relating to out-of-area and emergency services, provided through
 4-6     insurers or group hospital service corporations;
 4-7                       (C)  a point-of-service plan under Article 3.64,
 4-8     Insurance Code; or
 4-9                       (D)  a point-of-service rider under Subsection
4-10     (c) of this section;
4-11                 (7)  receiving and accepting from government or private
4-12     agencies payments covering all or part of the cost of the services
4-13     provided or arranged for by the organization;
4-14                 (8)  all powers given to corporations (including
4-15     professional corporations and associations), partnerships, and
4-16     associations pursuant to their organizational documents which are
4-17     not in conflict with provisions of this Act, or other applicable
4-18     law.
4-19           (c)  A health maintenance organization may offer a
4-20     point-of-service rider for out-of-network coverage without
4-21     obtaining a separate insurance carrier license if the expenses
4-22     incurred under the point-of-service rider do not exceed 10 percent
4-23     of the total medical and hospital expenses incurred for all health
4-24     plan products sold.  If the expenses incurred by a health
4-25     maintenance organization under a point-of-service rider exceed 10
4-26     percent of the total medical and hospital expenses incurred for all
4-27     health plan products sold, the health maintenance organization
4-28     shall cease issuing new point-of-service riders until those
4-29     expenses fall below 10 percent or until the health maintenance
4-30     organization obtains an insurance carrier license under this Act.
4-31     Indemnity benefits and services provided under a point-of-service
4-32     rider may be limited to those services defined in the evidence of
4-33     coverage and may be subject to different cost-sharing provisions.
4-34     The cost-sharing provisions for indemnity benefits may be higher
4-35     than the cost-sharing provisions for in-network health maintenance
4-36     organization coverage.  For enrollees in limited provider networks,
4-37     higher cost sharing may be imposed only when obtaining benefits or
4-38     services outside the health maintenance organization delivery
4-39     network.  A health maintenance organization that issues a
4-40     point-of-service rider under this section must meet the net worth
4-41     requirements promulgated by the commissioner based on the actuarial
4-42     relation of the amount of insurance risk assumed through the
4-43     issuance of the point-of-service rider in relation to the amount of
4-44     solvency and reserve requirements already required of the health
4-45     maintenance organization.
4-46           SECTION 5.  This Act takes effect September 1, 1999, and
4-47     applies only to an evidence of coverage for a health benefit plan
4-48     that is delivered, issued for delivery, or renewed on or after
4-49     January 1, 2000.  An evidence of coverage for a health benefit plan
4-50     that is delivered, issued for delivery, or renewed before January
4-51     1, 2000, is governed by the law as it existed immediately before
4-52     the effective date of this Act, and that law is continued in effect
4-53     for this purpose.
4-54           SECTION 6.  The importance of this legislation and the
4-55     crowded condition of the calendars in both houses create an
4-56     emergency and an imperative public necessity that the
4-57     constitutional rule requiring bills to be read on three several
4-58     days in each house be suspended, and this rule is hereby suspended.
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