76R12166 T                           
         By Smithee                                            H.B. No. 3019
         Substitute the following for H.B. No. 3019:
         By Seaman                                         C.S.H.B. No. 3019
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the delegation of certain functions by health
 1-3     maintenance organizations.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 2, Texas Health Maintenance Organization
 1-6     Act (Article 20A.02, Vernon's Texas Insurance Code), is amended by
 1-7     adding Subsections (dd) and (ee) to read as follows:
 1-8           (dd)  "Delegation agreement" means an agreement by which a
 1-9     health maintenance organization transfers the responsibility for a
1-10     function regulated under this Act.
1-11           (ee)  "Delegated network" means an entity, other than a
1-12     health maintenance organization authorized to do business under
1-13     this Act or an insurer authorized to do business under Chapter 3,
1-14     Insurance Code, which by itself, or through one or more entities,
1-15     undertakes to arrange for or to provide medical care to an enrollee
1-16     in exchange for a predetermined payment for each enrollee on a
1-17     prospective basis.  The term does not include an individual
1-18     physician or a group of employed physicians practicing medicine
1-19     under one federal tax identification number and whose total claims
1-20     paid to providers not employed by the group is less than 20 percent
1-21     of the total collected revenue of the group calculated on a
1-22     calendar year basis.
1-23           SECTION 2.  The Texas Health Maintenance Organization Act
1-24     (Chapter 20A, Vernon's Texas Insurance Code) is amended by adding
 2-1     Section 18C to read as follows:
 2-2           Sec. 18C.  DELEGATION OF CERTAIN FUNCTIONS TO DELEGATED
 2-3     NETWORKS.  (a)  A health maintenance organization that enters into
 2-4     a delegation agreement with a delegated network shall execute a
 2-5     written agreement with the delegated network.  The health
 2-6     maintenance organization shall file the written agreement with the
 2-7     department not later than the 30th day after the date the agreement
 2-8     is executed.  The written agreement must contain:
 2-9                 (1)  a monitoring plan, which includes:
2-10                       (A)  a description of financial practices that
2-11     will ensure that the delegated network tracks and reports
2-12     liabilities that have been incurred but not reported;
2-13                       (B)  a summary of the total amount paid by the
2-14     delegated network to physicians and providers on a monthly basis;
2-15     and
2-16                       (C)  a summary of complaints from physicians and
2-17     providers regarding delays in payments of claims or nonpayment of
2-18     claims, including the status of each complaint, on a monthly basis;
2-19                 (2)  a provision that the agreement cannot be
2-20     terminated by the delegated network or the health maintenance
2-21     organization without written notice provided before the 90th day
2-22     preceding the termination date;
2-23                 (3)  a provision that prohibits the delegated network
2-24     and the physicians and providers with whom it has contracted from
2-25     billing or attempting to collect from an enrollee under any
2-26     circumstance, including the insolvency of the health maintenance
2-27     organization or delegated network, payments for covered services
 3-1     other than authorized copayments and deductibles;
 3-2                 (4)  a provision that the delegation agreement may not
 3-3     be construed to limit in any way the health maintenance
 3-4     organization's authority or responsibility to comply with all
 3-5     statutory and regulatory requirements;
 3-6                 (5)  a provision that requires a delegated network or a
 3-7     third party to provide a license number and to certify that the
 3-8     network or third party is licensed as a third party administrator
 3-9     under Article 21.07-6, Insurance Code, if the health maintenance
3-10     organization delegates its claims payment function to the delegated
3-11     network or a third party;
3-12                 (6)  a provision that requires a delegated network or a
3-13     third party to provide a license number and to certify that the
3-14     network or third party is licensed as a utilization review agent
3-15     under Article 21.58A, Insurance Code, if the health maintenance
3-16     organization delegates its utilization review function to the
3-17     delegated network or a third party;
3-18                 (7)  an acknowledgment and agreement by the delegated
3-19     network that:
3-20                       (A)  the health maintenance organization is:
3-21                             (i)  required to establish, operate, and
3-22     maintain a health care delivery system, quality assurance system,
3-23     provider credentialing system, and other systems and programs that
3-24     meet statutory and regulatory standards; and
3-25                             (ii)  directly accountable for compliance
3-26     with those standards;
3-27                             (iii)  not precluded from contractually
 4-1     requesting that the delegated network provide proof of financial
 4-2     viability.
 4-3                       (B)  the role of the delegated network and any
 4-4     entity with which it subcontracts in contracting with the health
 4-5     maintenance organization is limited to performing certain delegated
 4-6     functions of the health maintenance organization, using standards
 4-7     approved by the health maintenance organization and which are in
 4-8     compliance with applicable statutes and rules and subject to the
 4-9     health maintenance organization's oversight and monitoring of the
4-10     delegated network's performance; and
4-11                       (C)  if the delegated network fails to meet
4-12     monitoring standards established to ensure that functions delegated
4-13     or assigned to the network under the delegation contract are in
4-14     full compliance with all statutory and regulatory requirements, the
4-15     health maintenance organization may cancel delegation of any
4-16     management responsibilities;
4-17                 (8)  a provision that requires the delegated network to
4-18     make available to the health maintenance organization samples of
4-19     contracts with physicians and providers to ensure compliance with
4-20     the contractual requirements described by Subdivisions (2) and (3)
4-21     of this subsection, except that the agreement may not require that
4-22     the delegated network make available to the health maintenance
4-23     organization contractual provisions relating to financial
4-24     arrangements with the delegated network's physicians and providers;
4-25     and
4-26                 (9)  a provision that requires the delegated network to
4-27     provide the health maintenance organization, in a usable format
 5-1     necessary for audit purposes and at most quarterly unless otherwise
 5-2     specified in the agreement, the data necessary for the health
 5-3     maintenance organization to comply with the department's reporting
 5-4     requirements with respect to any delegated functions performed
 5-5     under the delegation agreement, including:
 5-6                       (A)  a summary:
 5-7                             (i)  describing the methods, including
 5-8     capitation, fee-for-service, or other risk arrangements, that the
 5-9     delegated network used to pay its physicians and providers; and
5-10                             (ii)  including the percentage of
5-11     physicians and providers paid for each payment category;
5-12                       (B)  the period that claims and debts for medical
5-13     services owed by the delegated network have been pending and the
5-14     aggregate dollar amount of those claims and debts;
5-15                       (C)  information that will enable the health
5-16     maintenance organization to file claims for reinsurance,
5-17     coordination of benefits and subrogation, if required by the health
5-18     maintenance organization's contract with the delegated network; and
5-19                       (D)  documentation, except for information,
5-20     documents, and deliberations related to peer review that are
5-21     confidential or privileged under Section 5.06, Medical Practice Act
5-22     (Article 4495b, Vernon's Texas Civil Statutes), that relates to:
5-23                             (i)  a regulatory agency's inquiry or
5-24     investigation of the delegated network or of an individual
5-25     physician or provider with whom the delegated network contracts
5-26     that relates to an enrollee of the health maintenance organization;
5-27     and
 6-1                             (ii)  the final resolution of a regulatory
 6-2     agency's inquiry or investigation.
 6-3           (b)  A health maintenance organization shall provide to each
 6-4     delegated network with which it has a delegation agreement the
 6-5     following information in standard electronic format, at least
 6-6     monthly unless otherwise provided in the agreement:
 6-7                 (1)  the names and dates of birth or social security
 6-8     numbers of the enrollees of the health maintenance organization who
 6-9     are eligible or assigned to receive services from the delegated
6-10     network, including the enrollees added and terminated since the
6-11     previous reporting period;
6-12                 (2)  the age, sex, benefit plan and any riders to that
6-13     benefit plan, and employer for the enrollees of the health
6-14     maintenance organization who are eligible or assigned to receive
6-15     services from the delegated network;
6-16                 (3)  if the health maintenance organization pays any
6-17     claims for the delegated network, a summary of the number and
6-18     amount of claims paid by the health maintenance organization on
6-19     behalf of the delegated network during the previous reporting
6-20     period.  A delegated network is not precluded from receiving, upon
6-21     request, additional information regarding such claims;
6-22                 (4)  if the health maintenance organization pays any
6-23     claims for the delegated network, a summary of the number and
6-24     amount of pharmacy prescriptions paid for each enrollee for which
6-25     the delegated network has taken partial risk during the previous
6-26     reporting period.  A delegated network is not precluded from
6-27     receiving, upon request, additional information regarding such
 7-1     claims;
 7-2                 (5)  information that enables the delegated network to
 7-3     file claims for reinsurance, coordination of benefits and
 7-4     subrogation; and
 7-5                 (6)  patient complaint data that relates to the
 7-6     delegated network.
 7-7           (c)  In addition to the information required by Subsection
 7-8     (b) of this section, a health maintenance organization shall
 7-9     provide to a delegated network with which it has a delegation
7-10     agreement:
7-11                 (1)  detailed risk-pool data, reported quarterly and on
7-12     settlement; and
7-13                 (2)  the rates required by the agreement and any known
7-14     future facility contract rates for the health maintenance
7-15     organization, if hospital or facility costs impact the delegated
7-16     network's costs, reported annually or on recontract.
7-17           (d)  A health maintenance organization that receives
7-18     information through the monitoring plan required by Subsection
7-19     (a)(1) of this section that indicates the delegated network is not
7-20     operating in accordance with its written agreement or is operating
7-21     in a condition that renders the continuance of its business
7-22     hazardous to the enrollees, shall, in writing:
7-23                 (1)  notify the delegated network of those findings;
7-24     and
7-25                 (2)  request a written explanation of:
7-26                       (A)  the delegated network's noncompliance with
7-27     the written agreement; or
 8-1                       (B)  the existence of the condition that renders
 8-2     the continuance of the delegated network's business hazardous to
 8-3     the enrollees.
 8-4           (e)  A delegated network shall respond to a request from a
 8-5     health maintenance organization under Subsection (d) of this
 8-6     section in writing not later than the 30th day after the date the
 8-7     request is received.
 8-8           (f)  The health maintenance organization shall cooperate with
 8-9     the delegated network to correct any failure by the delegated
8-10     network to comply with the regulatory requirements of the
8-11     department relating to any matters:
8-12                 (1)  delegated to the delegated network by the health
8-13     maintenance organization; or
8-14                 (2)  necessary for the health maintenance organization
8-15     to ensure compliance with statutory or regulatory requirements.
8-16           (g)  The health maintenance organization shall notify the
8-17     department and request intervention if:
8-18                 (1)  the health maintenance organization does not
8-19     receive a timely response from the delegated network as required by
8-20     Subsection (e) of this section; or
8-21                 (2)  the health maintenance organization receives a
8-22     timely response from the delegated network as required by
8-23     Subsection (e) of this section, but the health maintenance
8-24     organization and the delegated network are unable to reach an
8-25     agreement as to whether the delegated network:
8-26                       (A)  is complying with the written agreement; or
8-27                       (B)  has corrected any problem regarding a
 9-1     practice that is hazardous to an enrollee of the health maintenance
 9-2     organization.
 9-3           (h)  On receipt of a request for intervention under
 9-4     Subsection (g) of this section, the department may:
 9-5                 (1)  request financial and operational documents from
 9-6     the delegated network to further investigate deficiencies indicated
 9-7     by the monitoring plan;
 9-8                 (2)  conduct an on-site audit of the delegated network
 9-9     if the department determines that the delegated network is not
9-10     complying with the monitoring standards required under Subsection
9-11     (a)(1) of this section; or
9-12                 (3)  notwithstanding any other provisions, upon
9-13     violation of a monitoring plan, suspend or revoke the third party
9-14     administrator license or utilization review agent license of:
9-15                       (A)  the delegated network; or
9-16                       (B)  a third party with which the delegated
9-17     network has contracted.
9-18           (i)  The department shall report to the delegated network and
9-19     the health maintenance organization the results of its review not
9-20     later than the 60th day after the date of the department's initial
9-21     request for documentation; provided, however, the department shall
9-22     not report to the health maintenance organization any information
9-23     regarding prices, cost of care, or other information not relevant
9-24     to the monitoring plan.
9-25           (j)  The delegated network shall respond to the department's
9-26     report and submit a corrective plan to the department and to the
9-27     health maintenance organization not later than the 30th day after
 10-1    the date the delegated network receives the department's report.
 10-2    The delegated network may withhold information regarding prices,
 10-3    cost of care, or other information not relevant to the monitoring
 10-4    plan.
 10-5          (k)  Information required under Subsections (h), (i), or (j)
 10-6    of this section is confidential and is not subject to the open
 10-7    records law, Chapter 552, Government Code.  The information is not
 10-8    subject to court or department subpoena, except:
 10-9                (1)  as required by the constitution of this state or
10-10    the United States; or
10-11                (2)  as necessary for the commissioner to enforce this
10-12    section.
10-13          (l)  The department may request that a delegated network take
10-14    corrective action to comply with the department's statutory and
10-15    regulatory requirements that:
10-16                (1)  relate to any matters delegated by the health
10-17    maintenance organization to the delegated network; or
10-18                (2)  are necessary to ensure the health maintenance
10-19    organization's compliance with statutory and regulatory
10-20    requirements.
10-21          (m)  If a delegated network does not comply with the
10-22    department's request for corrective action, the department may
10-23    order the health maintenance organization to:
10-24                (1)  temporarily or permanently cease assignment of new
10-25    enrollees to the delegated network;
10-26                (2)  temporarily or permanently transfer enrollees to
10-27    alternative delivery systems to receive services; or
 11-1                (3)  modify or terminate its contract with the
 11-2    delegated network.
 11-3          SECTION 3.  This Act takes effect September 1, 1999.
 11-4          SECTION 4.  Articles 20A.02 (dd) and (ee) and 20A.18C,
 11-5    Insurance Code, as added by this Act, expire September 2, 2003
 11-6    unless continued in existence by the Legislature by that date.
 11-7          SECTION 5.  The Legislature shall conduct a bicameral interim
 11-8    study to evaluate and make recommendations, if any, concerning the
 11-9    regulation of delegated networks, including financial standards for
11-10    such networks and financial incentive arrangements between health
11-11    maintenance organizations and delegated networks.  The interim
11-12    study shall be conducted by a Committee that shall consist of
11-13    members from both the House and the Senate.  The committee shall
11-14    report back to the Lieutenant Governor, the Speaker of the House
11-15    and the Governor's Office no later than December 31, 2000.
11-16          SECTION 6.  The importance of this legislation and the
11-17    crowded condition of the calendars in both houses create an
11-18    emergency and an imperative public necessity that the
11-19    constitutional rule requiring bills to be read on three several
11-20    days in each house be suspended, and this rule is hereby suspended.