1-1     By:  Thompson (Senate Sponsor - Madla)                H.B. No. 2049
 1-2           (In the Senate - Received from the House May 5, 1999;
 1-3     May 6, 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 7, Nays 0; May 13, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the right of a person entitled to coverage under
 1-9     certain health and accident insurance policies to select certain
1-10     health care practitioners.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 2(B), Chapter 397, Acts of the 54th
1-13     Legislature, Regular Session, 1955 (Article 3.70-2, Vernon's Texas
1-14     Insurance Code), as amended by Chapters 946 and 1260, Acts of the
1-15     75th Legislature, Regular Session, 1997, is amended to read as
1-16     follows:
1-17           (B)  No policy of accident and sickness insurance shall make
1-18     benefits contingent upon treatment or examination by a particular
1-19     practitioner or by particular practitioners of the healing arts
1-20     hereinafter designated unless such policy contains a provision
1-21     designating the practitioner or practitioners who will be
1-22     recognized by the insurer and those who will not be recognized by
1-23     the insurer.  Such provision may be located in the "Exceptions" or
1-24     "Exceptions and Reductions" provisions, or elsewhere in the policy,
1-25     or by endorsement attached to the policy, at the insurer's option.
1-26     In designating the practitioners who will and will not be
1-27     recognized, such provision shall use the following terms:  Doctor
1-28     of Medicine, Doctor of Osteopathy, Doctor of Dentistry, Doctor of
1-29     Chiropractic, Doctor of Optometry, Doctor of Podiatry, Licensed
1-30     Audiologist, Licensed Speech-language Pathologist, Doctor in
1-31     Psychology, Licensed Master Social Worker--Advanced Clinical
1-32     Practitioner, Licensed Dietitian, Licensed Professional Counselor,
1-33     Licensed Marriage and Family Therapist, Licensed Chemical
1-34     Dependency Counselor, Licensed Hearing Instrument [Aid] Fitter and
1-35     Dispenser, Advanced Practice Nurse, Physician Assistant, Licensed
1-36     Occupational Therapist, Licensed Physical Therapist, Licensed
1-37     Acupuncturist, and Licensed Psychological Associate.
1-38           For purposes of this Act, such designations shall have the
1-39     following meanings:
1-40           Doctor of Medicine:  One licensed by the Texas State Board of
1-41     Medical Examiners on the basis of the degree "Doctor of Medicine";
1-42           Doctor of Osteopathy:  One licensed by the Texas State Board
1-43     of Medical Examiners on the basis of the degree of "Doctor of
1-44     Osteopathy";
1-45           Doctor of Dentistry:  One licensed by the State Board of
1-46     Dental Examiners;
1-47           Doctor of Chiropractic:  One licensed by the Texas Board of
1-48     Chiropractic Examiners;
1-49           Doctor of Optometry:  One licensed by the Texas Optometry
1-50     Board;
1-51           Doctor of Podiatry:  One licensed by the Texas State Board of
1-52     Podiatric Medical Examiners;
1-53           Licensed Audiologist:  One with a master's or doctorate
1-54     degree in audiology from an accredited college or university and
1-55     who is licensed as an audiologist by the State Board of Examiners
1-56     for Speech-Language Pathology and Audiology;
1-57           Licensed Speech-language Pathologist:  One with a master's or
1-58     doctorate degree in speech pathology or speech-language pathology
1-59     from an accredited college or university and who is licensed as a
1-60     speech-language pathologist by the State Board of Examiners for
1-61     Speech-Language Pathology and Audiology;
1-62           Doctor in Psychology:  One licensed by the Texas State Board
1-63     of Examiners of Psychologists and certified as a Health Service
1-64     Provider;
 2-1           Licensed Master Social Worker--Advanced Clinical
 2-2     Practitioner: One licensed by the Texas State Board of Social
 2-3     Worker Examiners as a Licensed Master Social Worker with the order
 2-4     of recognition of Advanced Clinical Practitioner;
 2-5           Licensed Dietitian:  One licensed by the Texas State Board of
 2-6     Examiners of Dietitians;
 2-7           Licensed Professional Counselor:  One licensed by the Texas
 2-8     State Board of Examiners of Professional Counselors;
 2-9           Licensed Marriage and Family Therapist:  One licensed by the
2-10     Texas State Board of Examiners of Marriage and Family Therapists;
2-11           Licensed Chemical Dependency Counselor:  One licensed by the
2-12     Texas Commission on Alcohol and Drug Abuse;
2-13           Licensed Hearing Instrument [Aid] Fitter and Dispenser:  One
2-14     licensed by the State [Texas] Committee of Examiners in the Fitting
2-15     and Dispensing of Hearing Instruments;
2-16           Advanced Practice Nurse:  One licensed by the Board of Nurse
2-17     Examiners as a registered nurse and recognized by that board as an
2-18     advanced practice nurse;
2-19           Physician Assistant: One licensed by the Texas State Board of
2-20     Physician Assistant Examiners;
2-21           Licensed Occupational Therapist:  One licensed by the Texas
2-22     Board of Occupational Therapy Examiners;
2-23           Licensed Physical Therapist:  One licensed by the Texas Board
2-24     of Physical Therapy Examiners;
2-25           Licensed Acupuncturist:  One licensed by the Texas State
2-26     Board of Medical Examiners as an acupuncturist; and
2-27           Licensed Psychological Associate:  One licensed by the Texas
2-28     State Board of Examiners of Psychologists and practicing under the
2-29     supervision of a licensed psychologist.
2-30           SECTION 2.  Section 1, Article 21.52, Insurance Code, is
2-31     amended to read as follows:
2-32           Sec. 1.  DEFINITIONS.  As used in this article:
2-33                 (a)  "health insurance policy" means any individual,
2-34     group, blanket, or franchise insurance policy, insurance agreement,
2-35     or group hospital service contract, providing benefits for medical
2-36     or surgical expenses incurred as a result of an accident or
2-37     sickness;
2-38                 (b)  "doctor of podiatric medicine" includes D.P.M.,
2-39     podiatrist, doctor of surgical chiropody, D.S.C. and chiropodist;
2-40                 (c)  "doctor of optometry" includes optometrist, doctor
2-41     of optometry, and O.D.;
2-42                 (d)  "doctor of chiropractic" means a person who is
2-43     licensed by the Texas Board of Chiropractic Examiners to practice
2-44     chiropractic;
2-45                 (e)  "licensed dentist" means a person who is licensed
2-46     to practice dentistry by the State Board of Dental Examiners;
2-47                 (f)  "licensed audiologist" means a person who has
2-48     received a master's or doctorate degree in audiology from an
2-49     accredited college or university and is licensed as an audiologist
2-50     by the State Board [Committee] of Examiners for Speech-Language
2-51     Pathology and Audiology;
2-52                 (g)  "licensed speech-language pathologist" means a
2-53     person who has received a master's or doctorate degree in
2-54     speech-language pathology from an accredited college or university
2-55     and is licensed as a speech-language pathologist by the State Board
2-56     [Committee] of Examiners for Speech-Language Pathology and
2-57     Audiology;
2-58                 (h)  "licensed master social worker--advanced clinical
2-59     practitioner" means a person who is licensed by the Texas State
2-60     Board of Social Worker Examiners as a licensed master social worker
2-61     with the order of recognition of advanced clinical practitioner;
2-62                 (i)  "licensed dietitian" means a person who is
2-63     licensed by the Texas State Board of Examiners of Dietitians;
2-64                 (j)  "licensed professional counselor" means a person
2-65     who is licensed by the Texas State Board of Examiners of
2-66     Professional Counselors;
2-67                 (k)  "psychologist" means a person licensed to practice
2-68     psychology by the Texas State Board of Examiners of Psychologists;
2-69                 (l)  "licensed marriage and family therapist" means a
 3-1     person who is licensed by the Texas State Board of Examiners of
 3-2     Marriage and Family Therapists;
 3-3                 (m)  "licensed chemical dependency counselor" means a
 3-4     person who is licensed by the Texas Commission on Alcohol and Drug
 3-5     Abuse;
 3-6                 (n)  "licensed hearing instrument [aid] fitter and
 3-7     dispenser" means a person who is licensed by the State Committee
 3-8     [Texas Board] of Examiners in the Fitting and Dispensing of Hearing
 3-9     Instruments; [Aids]
3-10                 (o)  "licensed psychological associate" means a person
3-11     who is licensed by the Texas State Board of Examiners of
3-12     Psychologists and who practices under the supervision of a licensed
3-13     psychologist;
3-14                 (p)  "occupational therapist" means a person who is
3-15     licensed to practice occupational therapy by the Texas Board of
3-16     Occupational Therapy Examiners; [and]
3-17                 (q)  "physical therapist" means a person who practices
3-18     physical therapy and is licensed by the Texas Board of Physical
3-19     Therapy Examiners; and
3-20                 (r)  "licensed acupuncturist" means a person licensed
3-21     to practice acupuncture by the Texas State Board of Medical
3-22     Examiners.
3-23           SECTION 3.  Section 3, Article 21.52, Insurance Code, as
3-24     amended by Chapter 541, Acts of the 74th Legislature, Regular
3-25     Session, 1995, and as reenacted and amended by Chapter 946, Acts of
3-26     the 75th Legislature, Regular Session, 1997, is amended to read as
3-27     follows:
3-28           Sec. 3.  SELECTION OF PRACTITIONERS.  (a)  Any person who is
3-29     issued, who is a party to, or who is a beneficiary under any health
3-30     insurance policy delivered, renewed, or issued for delivery in this
3-31     state by any insurance company, association, or organization to
3-32     which this article applies may select:
3-33                 (1)  a licensed doctor of podiatric medicine, a
3-34     licensed dentist, or a doctor of chiropractic to perform the
3-35     medical or surgical services or procedures scheduled in the policy
3-36     which fall within the scope of the license of that practitioner;
3-37                 (2)  [,] a licensed doctor of optometry to perform the
3-38     services or procedures scheduled in the policy which fall within
3-39     the scope of the license of that doctor of optometry;
3-40                 (3)  [,] an occupational therapist to provide the
3-41     services scheduled in the policy which fall within the scope of the
3-42     license of that occupational therapist;
3-43                 (4)  [,] a physical therapist to provide the services
3-44     scheduled in the policy which fall within the scope of the license
3-45     of that physical therapist;
3-46                 (5)  [,] a licensed audiologist to measure hearing for
3-47     the purpose of determining the presence or extent of a hearing loss
3-48     and to provide aural rehabilitation services to a person with a
3-49     hearing loss if those services or procedures are scheduled in the
3-50     policy;
3-51                 (6)  [,] a licensed speech-language pathologist to
3-52     evaluate speech and language and to provide habilitative and
3-53     rehabilitative services to restore speech or language loss or to
3-54     correct a speech or language impairment if those services or
3-55     procedures are scheduled in the policy;
3-56                 (7)  [,] a licensed master social worker--advanced
3-57     clinical practitioner to provide the services that fall within the
3-58     scope of the license of such certified practitioner and which are
3-59     specified as services within the terms of the policy of insurance,
3-60     including the provision of direct, diagnostic, preventive, or
3-61     clinical services to individuals, families, and groups whose
3-62     functioning is threatened or affected by social or psychological
3-63     stress or health impairment, if those services or procedures are
3-64     scheduled in the policy;
3-65                 (8)  [,] a licensed dietitian including a provisional
3-66     licensed dietitian under a licensed dietitian's supervision to
3-67     provide the services that fall within the scope of the license of
3-68     that dietitian if those services are scheduled in the policy;
3-69                 (9)  [,] a licensed professional counselor to provide
 4-1     the services that fall within the scope of the license of that
 4-2     professional if those services are scheduled in the policy;
 4-3                 (10)  [,] a licensed marriage and family therapist to
 4-4     provide the services that fall within the scope of the license of
 4-5     that professional if those services are scheduled in the policy;
 4-6                 (11)  [,] a psychologist to perform the services or
 4-7     procedures scheduled in the policy that fall within the scope of
 4-8     the license of that psychologist;
 4-9                 (12)  a licensed acupuncturist to perform the services
4-10     or procedures scheduled in the policy that fall within the scope of
4-11     the license of that practitioner;
4-12                 (13)  [,] a licensed hearing instrument [aid] fitter
4-13     and dispenser to provide the services or procedures scheduled in
4-14     the policy that fall within the scope of the license of that
4-15     practitioner; [,] or
4-16                 (14)  a licensed psychological associate to provide the
4-17     services that fall within the scope of the license of that
4-18     professional if those services are scheduled in the policy.
4-19           (b)  The services of a licensed master social
4-20     worker--advanced clinical practitioner, licensed professional
4-21     counselor, or licensed marriage and family therapist that are
4-22     included in this Act may require a professional recommendation by a
4-23     doctor of medicine or doctor of osteopathy unless the health
4-24     insurance policy terms do not require such a recommendation.
4-25           (c)  The payment or reimbursement by the insurance company,
4-26     association, or organization for [those] services or procedures in
4-27     accordance with the payment schedule or the payment provisions in
4-28     the policy shall not be denied because the same were performed by a
4-29     licensed doctor of podiatric medicine, a licensed doctor of
4-30     optometry, a licensed doctor of chiropractic, a licensed dentist,
4-31     an occupational therapist, a physical therapist, a licensed
4-32     audiologist, a licensed speech-language pathologist, a licensed
4-33     master social worker--advanced clinical practitioner, a licensed
4-34     dietitian, a licensed professional counselor, a licensed marriage
4-35     and family therapist, a psychologist, a licensed psychological
4-36     associate, a licensed acupuncturist, or a licensed hearing
4-37     instrument [aid] fitter and dispenser.
4-38           (d)  There shall not be any classification, differentiation,
4-39     or other discrimination in the payment schedule or the payment
4-40     provisions in a health insurance policy, nor in the amount or
4-41     manner of payment or reimbursement thereunder, between scheduled
4-42     services or procedures when performed by a doctor of podiatric
4-43     medicine, a doctor of optometry, a doctor of chiropractic, a
4-44     licensed dentist, an occupational therapist, a physical therapist,
4-45     a licensed audiologist, a licensed speech-language pathologist, a
4-46     licensed master social worker--advanced clinical practitioner, a
4-47     licensed dietitian, a licensed professional counselor, a licensed
4-48     marriage and family therapist, a psychologist, a licensed
4-49     psychological associate, a licensed acupuncturist, or a licensed
4-50     hearing instrument [aid] fitter and dispenser which fall within the
4-51     scope of that practitioner's [his] license or certification and the
4-52     same services or procedures when performed by any other
4-53     practitioner of the healing arts whose services or procedures are
4-54     covered by the policy.
4-55           (e)  Any provision in a health insurance policy contrary to
4-56     or in conflict with the provisions of this article shall, to the
4-57     extent of the  conflict, be void, but such invalidity shall not
4-58     affect the validity of the other provisions of this policy.  Any
4-59     presently approved policy form containing any provision in conflict
4-60     with the requirements of this Act shall be brought into compliance
4-61     with this Act by the use of riders and endorsements which have been
4-62     approved by the commissioner [State Board of Insurance] or by the
4-63     filing of new or revised policy forms for approval by the
4-64     commissioner [State Board of Insurance].
4-65           SECTION 4.  Section 3, Article 21.52, Insurance Code, as
4-66     amended by Chapter 429, Acts of the 74th Legislature, Regular
4-67     Session, 1995, and as reenacted and amended by Chapter 946, Acts of
4-68     the 75th Legislature, Regular Session, 1997, is repealed.
4-69           SECTION 5.  This Act takes effect September 1, 1999, and
 5-1     applies only to a health insurance policy that is delivered, issued
 5-2     for delivery, or renewed on or after January 1, 2000.  A health
 5-3     insurance policy that is delivered, issued for delivery, or renewed
 5-4     before January 1, 2000, is governed by the law as it existed
 5-5     immediately before the effective date of this Act, and that law is
 5-6     continued in effect for that purpose.
 5-7           SECTION 6.  The importance of this legislation and the
 5-8     crowded condition of the calendars in both houses create an
 5-9     emergency and an imperative public necessity that the
5-10     constitutional rule requiring bills to be read on three several
5-11     days in each house be suspended, and this rule is hereby suspended.
5-12                                  * * * * *