By Smithee                                            H.B. No. 3019
         76R6318 DB-D                           
                                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                       (B)  the role of the delegated network in
 4-1     contracting with the health maintenance organization is limited to
 4-2     performing certain delegated functions of the health maintenance
 4-3     organization, using standards approved by the health maintenance
 4-4     organization and subject to the health maintenance organization's
 4-5     oversight and monitoring of the delegated network's performance;
 4-6     and
 4-7                       (C)  if the delegated network fails to meet
 4-8     monitoring standards established to ensure that functions delegated
 4-9     or assigned to the network under the delegation contract are in
4-10     full compliance with all statutory and regulatory requirements, the
4-11     health maintenance organization may cancel delegation of any
4-12     management responsibilities;
4-13                 (8)  a provision that requires the delegated network to
4-14     make available to the health maintenance organization samples of
4-15     contracts with physicians and providers to ensure compliance with
4-16     the contractual requirements described by Subdivisions (2) and (3)
4-17     of this subsection, except that the agreement may not require that
4-18     the delegated network make available to the health maintenance
4-19     organization contractual provisions relating to financial
4-20     arrangements with the delegated network's physicians and providers;
4-21     and
4-22                 (9)  a provision that requires the delegated network to
4-23     provide the health maintenance organization, in a usable format
4-24     necessary for audit purposes and at most quarterly unless otherwise
4-25     specified in the agreement, the data necessary for the health
4-26     maintenance organization to comply with the department's reporting
4-27     requirements with respect to any delegated functions performed
 5-1     under the delegation agreement, including:
 5-2                       (A)  a summary:
 5-3                             (i)  describing the methods, including
 5-4     capitation, fee-for-service, or other risk arrangements, that the
 5-5     delegated network used to pay its physicians and providers; and
 5-6                             (ii)  including the percentage of
 5-7     physicians and providers paid for each payment category;
 5-8                       (B)  the period that claims and debts owed by the
 5-9     delegated network have been pending and the dollar amount of those
5-10     claims and debts;
5-11                       (C)  information that will enable the health
5-12     maintenance organization to file claims for reinsurance,
5-13     coordination of benefits and subrogation, if required by the health
5-14     maintenance organization's contract with the delegated network; and
5-15                       (D)  documentation, except for information,
5-16     documents, and deliberations related to peer review that are
5-17     confidential or privileged under Section 5.06, Medical Practice Act
5-18     (Article 4495b, Vernon's Texas Civil Statutes), that relates to:
5-19                             (i)  a regulatory agency's inquiry or
5-20     investigation of the delegated network or of an individual
5-21     physician or provider with whom the delegated network contracts
5-22     that relates to an enrollee of the health maintenance organization;
5-23     and
5-24                             (ii)  the final resolution of a regulatory
5-25     agency's inquiry or investigation.
5-26           (b)  A health maintenance organization shall provide to each
5-27     delegated network with which it has a delegation agreement the
 6-1     following information in standard electronic format, at least
 6-2     monthly unless otherwise provided in the agreement:
 6-3                 (1)  the names of the enrollees of the health
 6-4     maintenance organization who are eligible or assigned to receive
 6-5     services from the delegated network, including the number of
 6-6     enrollees added and terminated since the previous reporting period;
 6-7                 (2)  the age, sex, benefit plan, and employer industry
 6-8     information for the enrollees of the health maintenance
 6-9     organization who are eligible or assigned to receive services from
6-10     the delegated network;
6-11                 (3)  the names of each claimant and the number and
6-12     amount of claims paid by the health maintenance organization on
6-13     behalf of the delegated network during the previous reporting
6-14     period;
6-15                 (4)  the names of each enrollee and the number and
6-16     amount of pharmacy prescriptions paid for each enrollee for which
6-17     the delegated network has taken partial risk during the previous
6-18     reporting period;
6-19                 (5)  a list of the unassigned members of the health
6-20     maintenance organization;
6-21                 (6)  information that enables the delegated network to
6-22     file claims for reinsurance, coordination of benefits and
6-23     subrogation; and
6-24                 (7)  patient complaint data that relates to the
6-25     delegated network.
6-26           (c)  In addition to the information required by Subsection
6-27     (b) of this section, a health maintenance organization shall
 7-1     provide to a delegated network with which it has a delegation
 7-2     agreement:
 7-3                 (1)  risk-pool data, reported annually or on
 7-4     settlement; and
 7-5                 (2)  the rates required by the agreement and any known
 7-6     future facility contract rates for the health maintenance
 7-7     organization, if hospital or facility costs impact the delegated
 7-8     network's costs, reported annually or on recontract.
 7-9           (d)  A health maintenance organization that receives
7-10     information through the monitoring plan required by Subsection
7-11     (a)(1) of this section that indicates the delegated network is not
7-12     operating in accordance with its written agreement or is operating
7-13     in a condition that renders the continuance of its business
7-14     hazardous to the enrollees, shall, in writing:
7-15                 (1)  notify the delegated network of those findings;
7-16     and
7-17                 (2)  request a written explanation of:
7-18                       (A)  the delegated network's noncompliance with
7-19     the written agreement; or
7-20                       (B)  the existence of the condition that renders
7-21     the continuance of the delegated network's business hazardous to
7-22     the enrollees.
7-23           (e)  A delegated network shall respond to a request from a
7-24     health maintenance organization under Subsection (d) of this
7-25     section in writing not later than the 30th day after the date the
7-26     request is received.
7-27           (f)  The health maintenance organization shall cooperate with
 8-1     the delegated network to correct any failure by the delegated
 8-2     network to comply with the regulatory requirements of the
 8-3     department relating to any matters:
 8-4                 (1)  delegated to the delegated network by the health
 8-5     maintenance organization; or
 8-6                 (2)  necessary for the health maintenance organization
 8-7     to ensure compliance with statutory or regulatory requirements.
 8-8           (g)  The health maintenance organization shall notify the
 8-9     department and request intervention if:
8-10                 (1)  the health maintenance organization does not
8-11     receive a timely response from the delegated network as required by
8-12     Subsection (e) of this section; or
8-13                 (2)  the health maintenance organization receives a
8-14     timely response from the delegated network as required by
8-15     Subsection (e) of this section, but the health maintenance
8-16     organization and the delegated network are unable to reach an
8-17     agreement as to whether the delegated network:
8-18                       (A)  is complying with the written agreement; or
8-19                       (B)  has corrected any problem regarding a
8-20     practice that is hazardous to an enrollee of the health maintenance
8-21     organization.
8-22           (h)  On receipt of a request for intervention under
8-23     Subsection (g) of this section, the department may:
8-24                 (1)  request financial and operational documents from
8-25     the delegated network to further investigate deficiencies indicated
8-26     by the monitoring plan;
8-27                 (2)  conduct an on-site audit of the delegated network
 9-1     if the department determines that the delegated network is not
 9-2     complying with the monitoring standards required under Subsection
 9-3     (a)(1) of this section; or
 9-4                 (3)  notwithstanding any other provisions, suspend or
 9-5     revoke the third party administrator license or utilization review
 9-6     agent license of:
 9-7                       (A)  the delegated network; or
 9-8                       (B)  a third party with which the delegated
 9-9     network has contracted.
9-10           (i)  The department shall report to the delegated network the
9-11     results of its review not later than the 60th day after the date of
9-12     the department's initial request for documentation.
9-13           (j)  The delegated network shall respond to the department's
9-14     report and submit a corrective plan not later than the 30th day
9-15     after the date the delegated network receives the department's
9-16     report.
9-17           (k)  Information required under Subsections (h), (i), or (j)
9-18     of this section is confidential and is not subject to the open
9-19     records law, Chapter 552, Government Code.  The information is not
9-20     subject to court or department subpoena, except:
9-21                 (1)  as required by the constitution of this state or
9-22     the United States; or
9-23                 (2)  as necessary for the commissioner to enforce this
9-24     section.
9-25           (l)  The department may request that a delegated network take
9-26     corrective action to comply with the department's statutory and
9-27     regulatory requirements that:
 10-1                (1)  relate to any matters delegated by the health
 10-2    maintenance organization to the delegated network; or
 10-3                (2)  are necessary to ensure the health maintenance
 10-4    organization's compliance with statutory and regulatory
 10-5    requirements.
 10-6          (m)  If a delegated network does not comply with the
 10-7    department's request for corrective action, the department may
 10-8    order the health maintenance organization to:
 10-9                (1)  temporarily or permanently cease assignment of new
10-10    enrollees to the delegated network;
10-11                (2)  temporarily or permanently transfer enrollees to
10-12    alternative delivery systems to receive services; or
10-13                (3)  modify or terminate its contract with the
10-14    delegated network.
10-15          SECTION 3.  This Act takes effect September 1, 1999.
10-16          SECTION 4.  The importance of this legislation and the
10-17    crowded condition of the calendars in both houses create an
10-18    emergency and an imperative public necessity that the
10-19    constitutional rule requiring bills to be read on three several
10-20    days in each house be suspended, and this rule is hereby suspended.