By Isett                                              H.B. No. 2290
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a review that health care benefits be provided under
 1-3     certain health benefit plans.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5            ARTICLE 1.  REVIEW OF AND LIMITATIONS ON HEALTH CARE
 1-6                              BENEFIT MANDATES
 1-7           SECTION 1.  AMENDMENT.  Chapter 3, Insurance Code, is amended
 1-8     by adding Subchapter K to read as follows:
 1-9           SUBCHAPTER K.  REVIEW AND IMPLEMENTATION OF HEALTH CARE
1-10                              BENEFIT MANDATES
1-11           Art. 3.97-1.  DEFINITIONS.  In this subchapter:
1-12                 (1)  "Comptroller" means the Comptroller of Public
1-13     Accounts.
1-14                 (2)  "Health Benefit plan" means a plan that:
1-15                       (A)  provides benefits for medical or surgical
1-16     expenses incurred as a result of a health condition, accident, or
1-17     sickness, including:
1-18                             (i)  an individual, group, blanket, or
1-19     franchise insurance policy or insurance agreement, a group hospital
1-20     service contract, or an individual or group evidence of coverage
1-21     that is offered by:
 2-1                                            (a)  an insurance company;
 2-2                                            (b)  a group hospital
 2-3     service corporation operating under Chapter 20 of this code;
 2-4                                            (c)  a fraternal benefit
 2-5     society operating under Chapter 10 of this code;
 2-6                                            (d)  a stipulated premium
 2-7     insurance company operating under Chapter 22 of this code; or
 2-8                                            (e)  a health maintenance
 2-9     organization operating under the Texas Health Maintenance
2-10     Organization Act (Chapter 20A, Vernon's Texas Insurance Code); or
2-11                             (ii)  to the extent permitted by the
2-12     Employee Retirement Income Security Act of 1974 (29 U.S.C. Section
2-13     10012 et seq.) a health benefit product that is offered by:
2-14                                            (a)  a multiple employer
2-15     welfare arrangement as defined by Section 3, Employee Retirement
2-16     Income Security Act of 1974 (29 U.S.C. Section 1002), and operating
2-17     under Subchapter I of this chapter; or
2-18                                            (b)  another analogous
2-19     benefit arrangement;
2-20                       (B)  is offered by an approved nonprofit health
2-21     corporation that is certified under Section 5.01(a), Medical
2-22     Practice Act (Article 4495b, Vernon's Texas Civil Statutes), and
2-23     that holds a certificate of authority issued by the commissioner
2-24     under Article 21.52F of this code; or
2-25                       (C)  is offered by any other entity not licensed
 3-1     under this code or another insurance law of this state that
 3-2     contracts directly for health care services on a risk-sharing
 3-3     basis, including:
 3-4                             (i)  an entity that contracts for health
 3-5     care services on a capitation basis; or
 3-6                             (ii)  a governmental entity or association
 3-7     of governmental entities formed by contract or other means.
 3-8                 (3)  "Health care benefit mandate" means a state or
 3-9     federal law that requires a health benefit plan to cover or offer a
3-10     specific service, treatment, or practice or reimburse a specific
3-11     type of health care provider directly or in a specific amount.  The
3-12     term does not include an offer of coverage mandate.
3-13                 (4)  "Offer of coverage mandate" means a state or
3-14     federal law that requires that a health benefit plan offer as part
3-15     of the plan's benefit schedule coverage that may be rejected by an
3-16     enrollee and for which an additional premium may be charged.
3-17           Art. 3.97-2.  ANALYSIS BY COMPTROLLER OF PUBLIC ACCOUNTS.
3-18     (a)  On request of the governor, the lieutenant governor, the
3-19     speaker of the house of representatives, a chairman of a standing
3-20     Senate or House of Representatives Committee, a legislative
3-21     research organization, the Legislative Budget Board, or the
3-22     Commissioner of Insurance the comptroller shall provide a written
3-23     analysis of an existing or proposed health care benefit mandate.
3-24           (b)  The comptroller shall analyze the existing or proposed
3-25     health care benefit mandate considering:
 4-1                 (1)  the impact of the mandate on:
 4-2                       (A)  maintaining and improving the health of
 4-3     residents of this state;
 4-4                       (B)  reducing unnecessary consumption of health
 4-5     care services in this state; and
 4-6                       (C)  the affordability of health benefit plan
 4-7     coverage for residents of this state;
 4-8                 (2)  the number of health benefit plans subject to the
 4-9     mandate that have been sold or are anticipated to be sold;
4-10                 (3)  the actual or projected increase in the cost of
4-11     the premium of a health benefit product as a result of the mandate;
4-12                 (4)  the number of residents of this state that have or
4-13     are anticipated to make a claim for the benefit provided by the
4-14     mandated;
4-15                 (5)  the types of providers that have or will render
4-16     services in delivering care under the existing or proposed mandate;
4-17                 (6)  the average cost to the health benefit plan for
4-18     the delivery of the existing or proposed mandate, including all
4-19     related services;
4-20                 (7)  whether the potential actual or potential benefit
4-21     of the mandate to the residents of this state would outweigh the
4-22     potential cost to residents of this state;
4-23                 (8)  the impact of the conversion of the health care
4-24     benefit mandate to an offer of coverage mandate;
4-25                 (9)  the impact of the elimination of the benefit from
 5-1     a health benefit plan; and
 5-2                 (10)  any other criteria the comptroller may adopt.
 5-3           Art. 3.97-3.  IMPLEMENTATION BY COMMISSIONER.  (a)  The
 5-4     commissioner shall strictly construe a health care benefit mandate
 5-5     and shall adopt rules to implement a health care benefit mandate in
 5-6     strict compliance with the state or federal law.
 5-7           (b)  The commissioner shall request the comptroller to
 5-8     prepare a written analysis of a health care benefit mandate, in
 5-9     accordance with this subchapter, prior to the publishing of
5-10     proposed rules to implement the mandate and shall take into
5-11     consideration the findings of the written analysis in the proposing
5-12     of such rules.
5-13           Art. 3.97-4.  REVIEW OF EXISTING HEALTH CARE BENEFIT
5-14     MANDATES.  (a)  The comptroller shall review and analyze each
5-15     existing health care benefit mandate, in accordance with this
5-16     subchapter;
5-17           (b)  The comptroller shall issue a written report of its
5-18     findings, and distribute its report to the governor, the lieutenant
5-19     governor, the speaker of the house of representatives, and the
5-20     commissioner of insurance.  The board shall publish the report on
5-21     the Internet;
5-22           (c)  Not later than January 1, 2001, the comptroller shall
5-23     complete its review and issue its written report on each existing
5-24     health care benefit mandate that is in effect or that becomes
5-25     effective before January 1, 2001.
 6-1           Art. 3.97-5.  ASSESSMENTS.  (a)  The comptroller may assess
 6-2     all entities writing health coverage as a health benefit product
 6-3     defined in this subchapter for the reasonable and necessary
 6-4     expenses of analyzing and preparing written reports on existing and
 6-5     proposed health care benefit mandates.
 6-6           (b)  After the end of each fiscal year the comptroller shall
 6-7     determine its reasonable and necessary expenses incurred as a
 6-8     result of analyzing and preparing written reports for the preceding
 6-9     calendar year.  The comptroller may then assess all entities that
6-10     sell health coverage in this state as defined in this subchapter on
6-11     an annual basis.  The assessment on each entity shall be based on
6-12     annual statements and other reports filed with the Texas Department
6-13     of Insurance.
6-14           (c)  The assessment imposed against each entity shall be in
6-15     an amount that is equal to the ratio of the gross premiums
6-16     collected by the entity for health insurance coverage in this state
6-17     during the preceding calendar year except for Medicare supplement
6-18     premiums subject to Article 3.74, to the gross premiums collected
6-19     by all insurers for health insurance coverage, except for Medicare
6-20     supplement premiums subject to Article 3.74 in this state during
6-21     the preceding calendar year.
6-22           SECTION 2.  EFFECTIVE DATE.  This act takes effect September
6-23     1, 1999.
6-24           SECTION 3.  EMERGENCY CLAUSE.  The importance of this
6-25     legislation and the crowded condition of the calendars in both
 7-1     houses create an emergency and an imperative public necessity that
 7-2     the constitutional rule requiring bills to be read on three several
 7-3     days in each house be suspended, and this rule is hereby suspended.