By Averitt                                            H.B. No. 3273
         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 health insurance availability and providing for the
 1-3     creation of HealthMarts.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter B of Chapter 26, Texas Insurance Code
 1-6     is amended by adding Section 26.15A to read as follows:
 1-7           Art. 26.15A.  HEALTHMARTS.  (a)  In addition to the powers
 1-8     and duties set forth in this subchapter, a cooperative may make
 1-9     available health benefit coverage as a HealthMart within this
1-10     state, as described in this article.
1-11           (b)  If a cooperative elects to operate as a HealthMart,
1-12     then, at least for that purpose alone, the board of trustees of the
1-13     cooperative shall include representatives of health care providers
1-14     and representatives of health carriers.
1-15           (c)  A HealthMart is a group health plan for the purposes of
1-16     the Employee Retirement Income Security Act of 1974 (ERISA) and its
1-17     amendments, for as long as that statute and its amendments and
1-18     successor statutes shall be effective.
1-19           (d)  A HealthMart is a program of group health insurance in
1-20     which:
1-21                 (1)  health carriers contract with a cooperative to
 2-1     offer coverage to small and large employers, their eligible
 2-2     employees, and their eligible employees' dependents;
 2-3                 (2)  the rates at which coverages are made available
 2-4     are established by the health carriers on a product- or
 2-5     policy-specific basis and are determined by the board of trustees
 2-6     of the cooperative to be actuarially sound;
 2-7                 (3)  the same health benefits coverage is offered by
 2-8     the contracting health carriers through the cooperative to all
 2-9     eligible small and large employers, their employees, and their
2-10     employees' dependents within the geographic area or areas
2-11     identified by the cooperative;
2-12                 (4)  the cooperative provides health benefits coverage
2-13     only through contracts with health carriers and does not assume
2-14     insurance risk with respect to such coverage;
2-15                 (5)  the cooperative does not vary conditions of
2-16     eligibility (including premium rates and membership fees) of an
2-17     employer to participate in the HealthMart;
2-18                 (6)  the cooperative provides administrative services
2-19     for purchasers, including accounting, billing, publication and
2-20     dissemination of enrollment information, and preparation and
2-21     publication of employee coverage status reports;
2-22                 (7)  the cooperative collects and disseminates (or
2-23     arranges for the collection and dissemination of) consumer
2-24     information on the scope, cost, and enrollee satisfaction of all
2-25     coverage options offered through the HealthMart to its members and
 3-1     eligible individuals, including information relating to:
 3-2                       (A)  provider performance,
 3-3                       (B)  locations and hours of operation of
 3-4     providers,
 3-5                       (C)  outcome of treatment,
 3-6                       (D)  and such other information as may be
 3-7     required by the board of trustees of the cooperative;
 3-8           (e)  Any health benefits coverage offered through a
 3-9     HealthMart:
3-10                 (1)  must be underwritten by a health carrier,
3-11                 (2)  is subject to all consumer protection provisions
3-12     of this Code and other state and federal law,
3-13                 (3)  shall not be subject to any health benefits that
3-14     are mandated to be offered or provided under the terms of this
3-15     Code, other than those required under federal law, and
3-16                 (4)  shall provide full portability of creditable
3-17     coverage for individuals who remain members of the same HealthMart
3-18     notwithstanding that they may change the employer through which
3-19     they are members, in accordance with the provisions of ERISA, so
3-20     long as both employers are purchasers in the same HealthMart.
3-21           (f)  The health benefits coverage made available through a
3-22     HealthMart may include, but is not limited to any of the following,
3-23     as long as such forms of coverage are offered by health carriers
3-24     and meet the other requirements of this article:
3-25                 (1)  coverage through a health maintenance
 4-1     organization,
 4-2                 (2)  indemnity coverage through an insurance company,
 4-3     including a preferred provider option,
 4-4                 (3)  coverage that includes a a point-of-service
 4-5     option,
 4-6                 (4)  coverage offered in connection with a contribution
 4-7     into a medical savings account or flexible spending account,
 4-8                 (5)  coverage offered through a community health
 4-9     organization, as that term is defined in this Code or in section
4-10     330B(e) of the federal Public Service Health Act; and
4-11                 (6)  any combination of such types of coverage.
4-12           (g)  Subject to the provisions of this article, a HealthMart:
4-13                 (1)  shall permit any large or small employer to
4-14     contract with the HealthMart for the purchase of health benefits
4-15     coverage for its employees and dependents of those employees, and
4-16                 (2)  may not vary conditions of eligibility, including
4-17     premium rates and membership fees of an employer to be a purchaser.
4-18           (h)  Nothing in this article shall be construed as preventing
4-19     an association or a licensed health insurance agent from assisting
4-20     or representing a Health Mart or large or small employers from
4-21     entering into appropriate arrangements to carry out this title.
4-22           (i)  The contract between a HealthMart and a purchaser shall
4-23     provided that the purchaser agrees not to obtain or to sponsor
4-24     health benefits coverage on behalf of any eligible employees and
4-25     their dependents, other than through the HealthMart.  This
 5-1     provision does not apply to an eligible individual who resides in
 5-2     an area for which no coverage is offered by any health carrier
 5-3     through the HealthMart.
 5-4           (j)  Membership rights of persons enrolled in a HealthMart
 5-5     shall include the following:
 5-6                 (1)  Individuals who are employees of the employer that
 5-7     has contracted with the HealthMart may enroll for health benefits
 5-8     for themselves and eligible dependents, under the rules established
 5-9     by the HealthMart;
5-10                 (2)  The HealthMart may not deny enrollment to an
5-11     individual who is an employee or dependent of such an employee who
5-12     is eligible to be enrolled if such denial is based on health
5-13     status-related factors;
5-14                 (3)  The HealthMart shall provide for an open
5-15     enrollment period of 30 days, during which members may change the
5-16     coverage option under which the members are enrolled;
5-17                 (4)  The HealthMart may establish rules of employees
5-18     eligibility for enrollment and reenrollment during the annual open
5-19     enrollment period; and
5-20                 (5)  Any rules adopted by the HealthMart about
5-21     membership and eligibility shall be applied consistently to all
5-22     purchasers and members within the HealthMart and shall not be based
5-23     in any manner on health status-related factors.
5-24           (k)  The contract between a HealthMart and a health carrier
5-25     shall provide for the payment of the premiums collected by the
 6-1     HealthMart (or its contractor) for coverage for enrolled members.
 6-2     The contract may also provide for a pre-determined administrative
 6-3     charge negotiated by the HealthMart and the carrier.
 6-4           (l)  A HealthMart shall enter into contracts with one or more
 6-5     health carriers so that members are provided least two health
 6-6     insurance options in each geographic area covered by the
 6-7     HealthMart.
 6-8           (m)  A member of a board of trustees of a cooperative acting
 6-9     as a HealthMart may not serve as an employee or paid consultant to
6-10     the HealthMart, but he or she may receive reasonable reimbursement
6-11     for travel and other expenses relating to service on the board of
6-12     trustees.
6-13           (n)  An individual is not eligible to serve in any capacity
6-14     on the board of trustees or as an employee of a HealthMart, if the
6-15     individual is employed by, represents, owns, or controls any
6-16     ownership interest in an organization from which the HealthMart
6-17     receives contributions, grants, or other funds not connected with a
6-18     contract for coverage through the HealthMart.
6-19           (o)  Without limitation of its other rights under this
6-20     subchapter, a cooperative may engage in any of the following:
6-21                 (1)  Coordinating the offering of the same or similar
6-22     health benefits in different areas served by different HealthMarts;
6-23                 (2)  Providing for crediting or deductibles and other
6-24     cost-sharing for individuals who are provided health benefit
6-25     coverage through HealthMarts after:
 7-1                       (A)  a change of employers through which the
 7-2     coverage is provided; or
 7-3                       (B)  a change in placement of employment to an
 7-4     area not served by the HealthMart through which coverage was
 7-5     originally provided;
 7-6                 (3)  Providing for adjustments in amounts distributed
 7-7     among the health insurance issuers offering health benefits
 7-8     coverage through the HealthMart based on factors such as the
 7-9     relative health care risk of members enrolled under the coverage
7-10     offered by the different health carriers; and
7-11                 (4)  Establishing minimum participation and
7-12     contribution rules for employers that become purchasers in the
7-13     HealthMart, so long as such rules are applied uniformly and
7-14     consistently for all health carriers.
7-15           SECTION 2.  This Act takes effect September 1, 1999.
7-16           SECTION 3.  The importance of this legislation and the
7-17     crowded condition of the calendars in both houses create an
7-18     emergency and an imperative public necessity that the
7-19     constitutional rule requiring bills to be read on three several
7-20     days in each house be suspended, and this rule is hereby suspended.