By:  Madla                                             S.B. No. 781
         99S0578/1                           
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to contracts between health care providers and health care
 1-2     plans.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 3, Article 3.70-3C, Insurance Code, as
 1-5     added by Chapter 1024, Acts of the 75th Legislature, Regular
 1-6     Session, 1997, is amended by adding Subsections (n) through (z) to
 1-7     read as follows:
 1-8           (n)  A preferred provider contract must include a complete
 1-9     fee schedule, all applicable treatment codes, and a complete
1-10     explanation of the method of determining payment to the preferred
1-11     provider.
1-12           (o)  A preferred provider contract must include a provision
1-13     prohibiting the insurer from changing the fee schedule for a
1-14     preferred provider except upon 90 days prior written notice to the
1-15     preferred provider by certified mail.  In such event, the preferred
1-16     provider contract must include a provision that allows the
1-17     preferred provider to terminate the preferred provider contract
1-18     prior to the implementation of the revised fee schedule without
1-19     penalty.
1-20           (p)  Except as authorized by Subsection (o) of this section,
1-21     a preferred provider contract must include a provision prohibiting
1-22     unilateral amendments to the contract.
1-23           (q)  A preferred provider contract must include a provision
1-24     prohibiting the insurer from assigning the contract to another
 2-1     entity and thereby causing the preferred provider to become a
 2-2     preferred or participating provider in another health care plan
 2-3     without the preferred provider's prior consent.
 2-4           (r)  A preferred provider contract must include a provision
 2-5     giving the preferred provider not less than 90 days after the date
 2-6     of service to submit a claim for payment.
 2-7           (s)  A preferred provider contract must include a provision
 2-8     requiring the insurer to pay a properly submitted and complete
 2-9     claim to the preferred provider within 45 days.  In the event the
2-10     insurer fails to pay a claim as required by this subsection, the
2-11     preferred provider contract must include a provision that requires
2-12     the insurer to forfeit any applicable fee discount and to instead
2-13     pay the preferred provider's usual and customary fee for such
2-14     service.
2-15           (t)  The preferred provider contract must include a provision
2-16     clearly enumerating all information that must be included on a
2-17     claim form to be submitted by a preferred provider to render that
2-18     claim full and complete for payment purposes.
2-19           (u)  The preferred provider contract must include a provision
2-20     that once eligibility and benefits have been properly verified by
2-21     the preferred provider, the insurer may not deny a claim for
2-22     payment on the ground that the insured is no longer eligible for
2-23     coverage or that the benefits have changed.
2-24           (v)  A preferred provider contract shall include a provision
2-25     defining "medical necessity" as "the standard for health care
2-26     services as determined by physicians and practitioners in
 3-1     accordance with the prevailing practices and standards of the
 3-2     medical profession and the community."  A preferred provider
 3-3     contract shall include a provision that a preferred provider may
 3-4     appeal an adverse decision regarding "medical necessity" to a panel
 3-5     of preferred providers of the same specialty.
 3-6           (w)  A preferred provider contract must include a provision
 3-7     clearly explaining the insurer's policy regarding global periods
 3-8     and payment methods for multiple surgical procedures that are
 3-9     performed during the same operation.
3-10           (x)  A preferred provider contract must include a provision
3-11     prohibiting the insurer from denying or interfering with the
3-12     preferred provider's right to render medical services and furnish
3-13     durable medical equipment such as x-rays, orthotics, fungal
3-14     cultures, casts, postoperative shoes, crutches, and walkers, to
3-15     patients in an office setting as is customary for preferred
3-16     providers of the same medical specialty.
3-17           (y)  A preferred provider contract must include a provision
3-18     which provides for the automatic annual renewal of the contract
3-19     except upon 90 days prior written notice of termination to the
3-20     other party which must state the cause for the termination.
3-21           (z)  A preferred provider contract must include a provision
3-22     that all unresolved disputes between the insurer and a preferred
3-23     provider shall be resolved by binding arbitration upon the request
3-24     of either party.
3-25           SECTION 2.  Section 18A, Texas Health Maintenance
3-26     Organization Act (Article 20A.18A, Vernon's Texas Insurance Code),
 4-1     as added by Chapter 1026, Acts of the 75th Legislature, Regular
 4-2     Session, 1997, is amended by adding Subsections (j) through (v) to
 4-3     read as follows:
 4-4           (j)  A contract between a health maintenance organization and
 4-5     a physician or provider must include a complete fee schedule, all
 4-6     applicable treatment codes, and a complete explanation of the
 4-7     method of determining payment to the physician or provider.
 4-8           (k)  A contract between a health maintenance organization and
 4-9     a physician or provider must include a provision prohibiting the
4-10     health maintenance organization from changing the fee schedule for
4-11     a physician or provider except upon 90 days prior written notice to
4-12     the physician or provider by certified mail.  In such event, the
4-13     contract must include a provision that allows the physician or
4-14     provider to terminate the contract prior to the implementation of
4-15     the revised fee schedule without penalty.
4-16           (l)  Except as authorized by Subsection (k) of this section,
4-17     a contract between a health maintenance organization and a
4-18     physician or provider must include a provision prohibiting
4-19     unilateral amendments to the contract.
4-20           (m)  A contract between a health maintenance organization and
4-21     a physician or provider must include a provision prohibiting the
4-22     health maintenance organization from assigning the contract to
4-23     another entity and thereby causing the physician or provider to
4-24     become a preferred or participating physician or provider in
4-25     another health care plan without the physician's or provider's
4-26     prior consent.
 5-1           (n)  A contract between a health maintenance organization and
 5-2     a physician or provider must include a provision giving the
 5-3     physician or provider not less than 90 days after the date of
 5-4     service to submit a claim for payment.
 5-5           (o)  A contract between a health maintenance organization and
 5-6     a physician or provider must include a provision requiring the
 5-7     health maintenance organization to pay a properly submitted and
 5-8     complete claim to the physician or provider within 45 days.  In the
 5-9     event the health maintenance organization fails to pay a claim as
5-10     required by this subsection, the physician or provider contract
5-11     must include a provision that requires the health maintenance
5-12     organization to forfeit any applicable fee discount and to instead
5-13     pay the physician's or provider's usual and customary fee for such
5-14     service.
5-15           (p)  The contract between a health maintenance organization
5-16     and a physician or provider must include a provision clearly
5-17     enumerating all information that must be included on a claim form
5-18     to be submitted by a physician or provider to render that claim
5-19     full and complete for payment purposes.
5-20           (q)  The contract between a health maintenance organization
5-21     and a physician or provider must include a provision that once
5-22     eligibility and benefits have been properly verified by the
5-23     physician or provider, the health maintenance organization may not
5-24     deny a claim for payment on the ground that an enrollee is no
5-25     longer eligible for coverage or that the benefits have changed.
5-26           (r)  A contract between a health maintenance organization and
 6-1     a physician or provider shall include a provision defining "medical
 6-2     necessity" as "the standard for health care services as determined
 6-3     by physicians and providers in accordance with the prevailing
 6-4     practices and standards of the medical profession and the
 6-5     community."  A contract between a health maintenance organization
 6-6     and a physician or provider shall include a provision that a
 6-7     physician or provider may appeal an adverse decision regarding
 6-8     "medical necessity" to a panel of physicians or providers of the
 6-9     same specialty.
6-10           (s)  A contract between a health maintenance organization and
6-11     a physician or provider must include a provision clearly explaining
6-12     the health maintenance organization's policy regarding global
6-13     periods and payment methods for multiple surgical procedures that
6-14     are performed during the same operation.
6-15           (t)  A contract between a health maintenance organization and
6-16     a physician or provider must include a provision prohibiting the
6-17     health maintenance organization from denying or interfering with
6-18     the physician's or provider's right to render medical services and
6-19     furnish durable medical equipment such as x-rays, orthotics, fungal
6-20     cultures, casts, postoperative shoes, crutches, and walkers, to
6-21     patients in an office setting as is customary for physicians or
6-22     providers of the same medical specialty.
6-23           (u)  A contract between a health maintenance organization and
6-24     a physician or provider must include a provision which provides for
6-25     the automatic annual renewal of the contract except upon 90 days
6-26     prior written notice of termination to the other party which must
 7-1     state the cause for the termination.
 7-2           (v)  A contract between a health maintenance organization and
 7-3     a physician or provider must include a provision that all
 7-4     unresolved disputes between the health maintenance organization and
 7-5     a physician or provider shall be resolved by binding arbitration
 7-6     upon the request of either party.
 7-7           SECTION 3.  The importance of this legislation and the
 7-8     crowded condition of the calendars in both houses create an
 7-9     emergency and an imperative public necessity that the
7-10     constitutional rule requiring bills to be read on three several
7-11     days in each house be suspended, and this rule is hereby suspended,
7-12     and that this Act take effect and be in force from and after its
7-13     passage, and it is so enacted.