By Smithee                                            H.B. No. 3016
         76R6542 DB-F                           
                                A BILL TO BE ENTITLED
 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           Sec. 6.  APPEAL OF ADVERSE DETERMINATIONS OF UTILIZATION
 2-9     REVIEW AGENTS.  (a)  A utilization review agent shall maintain and
2-10     make available a written description of appeal procedures involving
2-11     an adverse determination.  For the purposes of this section, a
2-12     complaint filed concerning dissatisfaction or disagreement with an
2-13     adverse determination constitutes an appeal of that adverse
2-14     determination.
2-15           SECTION 3.  Section 6(b), Article 21.58A, Insurance Code, as
2-16     amended by Chapters 163 and 1025, Acts of the 75th Legislature,
2-17     Regular Session, 1997, is amended and reenacted to read as follows:
2-18           (b)  The procedures for appeals must [shall] be reasonable
2-19     and must [shall] include the following:
2-20                 (1)  a provision that an enrollee, a person acting on
2-21     behalf of the enrollee, or the enrollee's physician or health care
2-22     provider may appeal the adverse determination orally or in writing;
2-23                 (2)  a provision that, within five working days from
2-24     receipt of the appeal, the utilization review agent shall send to
2-25     the appealing party a letter acknowledging the date of the
2-26     utilization review agent's receipt of the appeal [and include a
2-27     reasonable list of documents needed to be submitted by the
 3-1     appealing party to the utilization review agent for the appeal].
 3-2     The [Such] letter must also include the provisions listed in this
 3-3     subsection and a list of the documents that the appealing party
 3-4     must submit for review by the utilization review agent.  When the
 3-5     utilization review agent receives an oral appeal of adverse
 3-6     determination, the utilization review agent shall send a one-page
 3-7     appeal form to the appealing party;
 3-8                 (3)  a provision that appeal decisions shall be made by
 3-9     a physician, provided that, if the appeal is denied and within 10
3-10     working days the health care provider sets forth in writing good
3-11     cause for having a particular type of a specialty provider review
3-12     the case, the denial shall be reviewed by a health care provider in
3-13     the same or similar specialty as typically manages the medical[,
3-14     dental, or specialty] condition, procedure, or treatment under
3-15     discussion for review of the adverse determination, and that [such]
3-16     specialty review shall be completed within 15 working days of
3-17     receipt of the request;
3-18                 (4)  in addition to the written appeal, a method for an
3-19     expedited appeal procedure for emergency care denials [, denials of
3-20     care for life-threatening conditions,] and denials of continued
3-21     stays for hospitalized patients.  That [Such] procedure must
3-22     [shall] include a review by a health care provider who has not
3-23     previously reviewed the case and who is of the same or a similar
3-24     specialty as typically manages the medical condition, procedure, or
3-25     treatment under review.  The time frame in which the [such] appeal
3-26     must be completed shall be based on the medical or dental immediacy
3-27     of the condition, procedure, or treatment, but may not [in no
 4-1     event] exceed one working day from the date all information
 4-2     necessary to complete the appeal is received;
 4-3                 (5)  a provision that after the utilization review
 4-4     agent has sought review of the appeal of the adverse determination,
 4-5     the utilization review agent shall issue a response letter to the
 4-6     patient or [,] a person acting on behalf of the patient, and [or]
 4-7     the patient's physician or health care provider, explaining the
 4-8     resolution of the appeal[.  Such letter shall include a statement
 4-9     of the specific medical, dental, or contractual reasons for the
4-10     resolution, the clinical basis for such decision, and the
4-11     specialization of any physician or other provider consulted]; [and]
4-12                 (6) [(5)]  written notification to the appealing party
4-13     of the determination of the appeal, as soon as practical, but in no
4-14     case later than the 30th calendar day after the date the
4-15     utilization agent receives the appeal.  If the appeal is denied,
4-16     the written notification shall include a clear and concise
4-17     statement of:
4-18                       (A)  the clinical basis for the appeal's denial;
4-19                       (B)  the specialty of the physician making the
4-20     denial; and
4-21                       (C)  notice of the appealing party's right to
4-22     seek review of the denial by an independent review organization
4-23     under Section 6A of this article and the procedures for obtaining
4-24     that review; and
4-25                 (7)  a provision that the appealing party must be
4-26     provided a clear and concise statement of the clinical basis for
4-27     the adverse determination
 5-1                 [(6)  written notification to the appealing party of
 5-2     the determination of the appeal, as soon as practical, but in no
 5-3     case later than 30 days after the date the utilization review agent
 5-4     receives the appeal].
 5-5           SECTION 4.  Section 6(c), Article 21.58A, Insurance Code, is
 5-6     amended to read as follows:
 5-7           (c)  Notwithstanding this article or any other law, in a
 5-8     circumstance involving an enrollee's life-threatening condition,
 5-9     the enrollee is entitled to an immediate appeal to an independent
5-10     review organization as provided by Section 6A of this article and
5-11     is not required to comply with procedures for an internal review of
5-12     the utilization review agent's adverse determination.  [For
5-13     purposes of this section, "life-threatening condition" means a
5-14     disease or other medical condition with respect to which death is
5-15     probable unless the course of the disease or condition is
5-16     interrupted.]
5-17           SECTION 5.  This Act takes effect September 1, 1999.
5-18           SECTION 6.  The importance of this legislation and the
5-19     crowded condition of the calendars in both houses create an
5-20     emergency and an imperative public necessity that the
5-21     constitutional rule requiring bills to be read on three several
5-22     days in each house be suspended, and this rule is hereby suspended.