1-1                                   AN ACT
 1-2     relating to health care utilization review agents.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Sections 5(a) and (c), Article 21.58A, Insurance
 1-5     Code, are amended to read as follows:
 1-6           (a)  A utilization review agent shall notify the enrollee
 1-7     or[,] a person acting on behalf of the enrollee and[, or] the
 1-8     enrollee's provider of record of a determination made in a
 1-9     utilization review.
1-10           (c)  In the event of an adverse determination, the
1-11     notification by the utilization review agent must include:
1-12                 (1)  the principal reasons for the adverse
1-13     determination;
1-14                 (2)  the clinical basis for the adverse determination;
1-15                 (3)  a description or the source of the screening
1-16     criteria that were utilized as guidelines in making the
1-17     determination; and
1-18                 (4)  a description of the procedure for the complaint
1-19     and appeal process, including:
1-20                       (A)  notification to the enrollee of the
1-21     enrollee's right to appeal an adverse determination to an
1-22     independent review organization;
1-23                       (B)  notification to the enrollee of the
1-24     procedures for appealing an adverse determination to an independent
 2-1     review organization; and
 2-2                       (C)  notification to an enrollee who has a
 2-3     life-threatening condition of the enrollee's right to an immediate
 2-4     review by an independent review organization and the procedures to
 2-5     obtain that review.
 2-6           SECTION 2.  Section 6(a), Article 21.58A, Insurance Code, is
 2-7     amended to read as follows:
 2-8           (a)  A utilization review agent shall maintain and make
 2-9     available a written description of appeal procedures involving an
2-10     adverse determination.  For the purposes of this section, a
2-11     complaint filed concerning dissatisfaction or disagreement with an
2-12     adverse determination constitutes an appeal of that adverse
2-13     determination.
2-14           SECTION 3.  Section 6(b), Article 21.58A, Insurance Code, as
2-15     amended by Chapters 163 and 1025, Acts of the 75th Legislature,
2-16     Regular Session, 1997, is amended and reenacted to read as follows:
2-17           (b)  The procedures for appeals must [shall] be reasonable
2-18     and must [shall] include the following:
2-19                 (1)  a provision that an enrollee, a person acting on
2-20     behalf of the enrollee, or the enrollee's physician or health care
2-21     provider may appeal the adverse determination orally or in writing;
2-22                 (2)  a provision that, within five working days from
2-23     receipt of the appeal, the utilization review agent shall send to
2-24     the appealing party a letter acknowledging the date of the
2-25     utilization review agent's receipt of the appeal [and include a
2-26     reasonable list of documents needed to be submitted by the
2-27     appealing party to the utilization review agent for the appeal].
 3-1     The [Such] letter must also include the provisions listed in this
 3-2     subsection and a list of the documents that the appealing party
 3-3     must submit for review by the utilization review agent.  When the
 3-4     utilization review agent receives an oral appeal of adverse
 3-5     determination, the utilization review agent shall send a one-page
 3-6     appeal form to the appealing party;
 3-7                 (3)  a provision that appeal decisions shall be made by
 3-8     a physician, provided that, if the appeal is denied and within 10
 3-9     working days the health care provider sets forth in writing good
3-10     cause for having a particular type of a specialty provider review
3-11     the case, the denial shall be reviewed by a health care provider in
3-12     the same or similar specialty as typically manages the medical
3-13     or[,] dental[, or specialty] condition, procedure, or treatment
3-14     under discussion for review of the adverse determination, and that
3-15     [such] specialty review shall be completed within 15 working days
3-16     of receipt of the request;
3-17                 (4)  in addition to the written appeal, a method for an
3-18     expedited appeal procedure for emergency care denials [, denials of
3-19     care for life-threatening conditions,] and denials of continued
3-20     stays for hospitalized patients.  That [Such] procedure must
3-21     [shall] include a review by a health care provider who has not
3-22     previously reviewed the case and who is of the same or a similar
3-23     specialty as typically manages the medical condition, procedure, or
3-24     treatment under review.  The time frame in which the [such] appeal
3-25     must be completed shall be based on the medical or dental immediacy
3-26     of the condition, procedure, or treatment, but may not [in no
3-27     event] exceed one working day from the date all information
 4-1     necessary to complete the appeal is received;
 4-2                 (5)  a provision that after the utilization review
 4-3     agent has sought review of the appeal of the adverse determination,
 4-4     the utilization review agent shall issue a response letter to the
 4-5     patient or [,] a person acting on behalf of the patient, and [or]
 4-6     the patient's physician or health care provider, explaining the
 4-7     resolution of the appeal[.  Such letter shall include a statement
 4-8     of the specific medical, dental, or contractual reasons for the
 4-9     resolution, the clinical basis for such decision, and the
4-10     specialization of any physician or other provider consulted]; and
4-11                 (6) [(5)]  written notification to the appealing party
4-12     of the determination of the appeal, as soon as practical, but in no
4-13     case later than the 30th calendar day after the date the
4-14     utilization agent receives the appeal.  If the appeal is denied,
4-15     the written notification shall include a clear and concise
4-16     statement of:
4-17                       (A)  the clinical basis for the appeal's denial;
4-18                       (B)  the specialty of the physician or other
4-19     health care provider making the denial; and
4-20                       (C)  notice of the appealing party's right to
4-21     seek review of the denial by an independent review organization
4-22     under Section 6A of this article and the procedures for obtaining
4-23     that review
4-24                 [(6)  written notification to the appealing party of
4-25     the determination of the appeal, as soon as practical, but in no
4-26     case later than 30 days after the date the utilization review agent
4-27     receives the appeal].
 5-1           SECTION 4.  Section 6(c), Article 21.58A, Insurance Code, is
 5-2     amended to read as follows:
 5-3           (c)  Notwithstanding this article or any other law, in a
 5-4     circumstance involving an enrollee's life-threatening condition,
 5-5     the enrollee is entitled to an immediate appeal to an independent
 5-6     review organization as provided by Section 6A of this article and
 5-7     is not required to comply with procedures for an internal review of
 5-8     the utilization review agent's adverse determination.  [For
 5-9     purposes of this section, "life-threatening condition" means a
5-10     disease or other medical condition with respect to which death is
5-11     probable unless the course of the disease or condition is
5-12     interrupted.]
5-13           SECTION 5.  This Act takes effect September 1, 1999.
5-14           SECTION 6.  The importance of this legislation and the
5-15     crowded condition of the calendars in both houses create an
5-16     emergency and an imperative public necessity that the
5-17     constitutional rule requiring bills to be read on three several
5-18     days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 3016 was passed by the House on May
         13, 1999, by a non-record vote; that the House refused to concur in
         Senate amendments to H.B. No. 3016 on May 22, 1999, and requested
         the appointment of a conference committee to consider the
         differences between the two houses; and that the House adopted the
         conference committee report on H.B. No. 3016 on May 30, 1999, by a
         non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 3016 was passed by the Senate, with
         amendments, on May 19, 1999, by a viva-voce vote; at the request of
         the House, the Senate appointed a conference committee to consider
         the differences between the two houses; and that the Senate adopted
         the conference committee report on H.B. No. 3016 on May 30, 1999,
         by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor