AN ACT
 1-1     relating to the delegation of certain functions by health
 1-2     maintenance organizations.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 2, Texas Health Maintenance Organization
 1-5     Act (Article 20A.02, Vernon's Texas Insurance Code), is amended by
 1-6     adding Subsections (dd) and (ee) to read as follows:
 1-7           (dd)  "Delegation agreement" means an agreement by which a
 1-8     health maintenance organization assigns the responsibility for a
 1-9     function regulated under this Act.
1-10           (ee)  "Delegated network" means an entity, other than a
1-11     health maintenance organization authorized to do business under
1-12     this Act or an insurer authorized to do business under Chapter 3,
1-13     Insurance Code, which:  (i) by itself, or through one or more
1-14     entities, undertakes to arrange for or to provide medical care to
1-15     an enrollee in exchange for a predetermined payment on a
1-16     prospective basis; and (ii) performs on behalf of the health
1-17     maintenance organization, any function regulated by this Act.  The
1-18     term does not include an individual physician or a group of
1-19     employed physicians practicing medicine under one federal tax
1-20     identification number and whose total claims paid to providers not
1-21     employed by the group is less than 20 percent of the total
1-22     collected revenue of the group calculated on a 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,
2-17     enrollees, and providers regarding delays in payments of claims or
2-18     nonpayment of claims, including the status of each complaint, on a
2-19     monthly basis;
2-20                 (2)  a provision that the agreement cannot be
2-21     terminated without cause by the delegated network or the health
2-22     maintenance organization without written notice provided before the
2-23     90th day preceding the termination date;
2-24                 (3)  a provision that prohibits the delegated network
2-25     and the physicians and providers with whom it has contracted from
2-26     billing or attempting to collect from an enrollee under any
 3-1     circumstance, including the insolvency of the health maintenance
 3-2     organization or delegated network, payments for covered services
 3-3     other than authorized copayments and deductibles;
 3-4                 (4)  a provision that the delegation agreement may not
 3-5     be construed to limit in any way the health maintenance
 3-6     organization's authority or responsibility, including financial
 3-7     responsibility, to comply with all statutory and regulatory
 3-8     requirements;
 3-9                 (5)  a provision that requires the delegated network to
3-10     comply with all statutory and regulatory requirements relating to
3-11     any function, duty, responsibility, or delegation assumed by or
3-12     carried out by the delegated network;
3-13                 (6)  a provision that requires a delegated network or a
3-14     third party to provide a license number and to certify that the
3-15     network or third party is licensed as a third party administrator
3-16     under Article 21.07-6, Insurance Code, if the health maintenance
3-17     organization delegates its claims payment function to the delegated
3-18     network or a third party;
3-19                 (7)  a provision that requires a delegated network or a
3-20     third party to provide a license number and to certify that the
3-21     network or third party is licensed as a utilization review agent
3-22     under Article 21.58A, Insurance Code, if the health maintenance
3-23     organization delegates its utilization review function to the
3-24     delegated network or a third party, and that:
3-25                       (A)  enrollees will receive notification at the
3-26     time of enrollment which entity has responsibility for performing
 4-1     utilization review; and
 4-2                       (B)  the delegated network or third party
 4-3     performing utilization review shall do so in accordance with
 4-4     Art. 21.58A, Insurance Code; and
 4-5                       (C)  utilization review decisions made by the
 4-6     delegated network or a third party shall be forwarded to the health
 4-7     maintenance organization on a monthly basis;
 4-8                 (8)  an acknowledgment and agreement by the delegated
 4-9     network that:
4-10                       (A)  the health maintenance organization is:
4-11                             (i)  required to establish, operate, and
4-12     maintain a health care delivery system, quality assurance system,
4-13     provider credentialing system, and other systems and programs that
4-14     meet statutory and regulatory standards;
4-15                             (ii)  directly accountable for compliance
4-16     with those standards; and
4-17                             (iii)  not precluded from contractually
4-18     requesting that the delegated network provide proof of financial
4-19     viability;
4-20                       (B)  the role of the delegated network and any
4-21     entity with which it subcontracts in contracting with the health
4-22     maintenance organization is limited to performing certain delegated
4-23     functions of the health maintenance organization, using standards
4-24     approved by the health maintenance organization and which are in
4-25     compliance with applicable statutes and rules and subject to the
4-26     health maintenance organization's oversight and monitoring of the
 5-1     delegated network's performance; and
 5-2                       (C)  if the delegated network fails to meet
 5-3     monitoring standards established to ensure that functions delegated
 5-4     or assigned to the network under the delegation contract are in
 5-5     full compliance with all statutory and regulatory requirements, the
 5-6     health maintenance organization may cancel delegation of any or all
 5-7     delegated functions;
 5-8                 (9)  a provision that requires the delegated network to
 5-9     make available to the health maintenance organization samples of
5-10     contracts with physicians and providers to ensure compliance with
5-11     the contractual requirements described by Subdivisions (2) and (3)
5-12     of this subsection, except that the agreement may not require that
5-13     the delegated network make available to the health maintenance
5-14     organization contractual provisions relating to financial
5-15     arrangements with the delegated network's physicians and providers;
5-16                 (10)  a provision that requires the delegated network
5-17     to provide the health maintenance organization, in a usable format
5-18     necessary for audit purposes and at most quarterly unless otherwise
5-19     specified in the agreement, the data necessary for the health
5-20     maintenance organization to comply with the department's reporting
5-21     requirements with respect to any delegated functions performed
5-22     under the delegation agreement, including:
5-23                       (A)  a summary:
5-24                             (i)  describing the methods, including
5-25     capitation, fee-for-service, or other risk arrangements, that the
5-26     delegated network used to pay its physicians and providers; and
 6-1                             (ii)  including the percentage of
 6-2     physicians and providers paid for each payment category;
 6-3                       (B)  the period that claims and debts for medical
 6-4     services owed by the delegated network have been pending and the
 6-5     aggregate dollar amount of those claims and debts;
 6-6                       (C)  information that will enable the health
 6-7     maintenance organization to file claims for reinsurance,
 6-8     coordination of benefits, and subrogation, if required by the
 6-9     health maintenance organization's contract with the delegated
6-10     network; and
6-11                       (D)  documentation, except for information,
6-12     documents, and deliberations related to peer review that are
6-13     confidential or privileged under Section 5.06, Medical Practice Act
6-14     (Article 4495b, Vernon's Texas Civil Statutes), that relates to:
6-15                             (i)  a regulatory agency's inquiry or
6-16     investigation of the delegated network or of an individual
6-17     physician or provider with whom the delegated network contracts
6-18     that relates to an enrollee of the health maintenance organization;
6-19     and
6-20                             (ii)  the final resolution of a regulatory
6-21     agency's inquiry or investigation; and
6-22                 (11)  a provision relating to enrollee complaints that
6-23     requires the delegated network to ensure that upon receipt of a
6-24     complaint, as defined by this Act, the delegated network shall
6-25     report the complaint to the health maintenance organization within
6-26     two business days, except in the case of a complaint involving
 7-1     emergency care as defined in this Act.  In the case of a complaint
 7-2     involving emergency care, the delegated network shall forward the
 7-3     complaint immediately to the health maintenance organization.
 7-4     Nothing herein shall prohibit the delegated network from attempting
 7-5     to resolve a complaint.
 7-6           (b)  A health maintenance organization shall provide to each
 7-7     delegated network with which it has a delegation agreement the
 7-8     following information in standard electronic format, at least
 7-9     monthly unless otherwise provided in the agreement:
7-10                 (1)  the names and dates of birth or social security
7-11     numbers of the enrollees of the health maintenance organization who
7-12     are eligible or assigned to receive services from the delegated
7-13     network, including the enrollees added and terminated since the
7-14     previous reporting period;
7-15                 (2)  the age, sex, benefit plan and any riders to that
7-16     benefit plan, and employer for the enrollees of the health
7-17     maintenance organization who are eligible or assigned to receive
7-18     services from the delegated network;
7-19                 (3)  if the health maintenance organization pays any
7-20     claims for the delegated network, a summary of the number and
7-21     amount of claims paid by the health maintenance organization on
7-22     behalf of the delegated network during the previous reporting
7-23     period.  A delegated network is not precluded from receiving, upon
7-24     request, additional nonproprietary information regarding such
7-25     claims;
7-26                 (4)  if the health maintenance organization pays any
 8-1     claims for the delegated network, a summary of the number and
 8-2     amount of pharmacy prescriptions paid for each enrollee for which
 8-3     the delegated network has taken partial risk during the previous
 8-4     reporting period.  A delegated network is not precluded from
 8-5     receiving, upon request, additional nonproprietary information
 8-6     regarding such claims;
 8-7                 (5)  information that enables the delegated network to
 8-8     file claims for reinsurance, coordination of benefits, and
 8-9     subrogation; and
8-10                 (6)  patient complaint data that relates to the
8-11     delegated network.
8-12           (c)  In addition to the information required by Subsection
8-13     (b) of this section, a health maintenance organization shall
8-14     provide to a delegated network with which it has a delegation
8-15     agreement:
8-16                 (1)  detailed risk-pool data, reported quarterly and on
8-17     settlement; and
8-18                 (2)  the percent of premium attributable to hospital or
8-19     facility costs, if hospital or facility costs impact the delegated
8-20     network's costs, reported quarterly, and, if there are changes in
8-21     hospital or facility contracts with the health maintenance
8-22     organization, the projected impact of those changes on the percent
8-23     of premium attributable to hospital and facility costs within 30
8-24     days of such changes.
8-25           (d)  A health maintenance organization that receives
8-26     information through the monitoring plan required by Subsection
 9-1     (a)(1) of this section that indicates the delegated network is not
 9-2     operating in accordance with its written agreement or is operating
 9-3     in a condition that renders the continuance of its business
 9-4     hazardous to the enrollees, shall, in writing:
 9-5                 (1)  notify the delegated network of those findings;
 9-6     and
 9-7                 (2)  request a written explanation of:
 9-8                       (A)  the delegated network's noncompliance with
 9-9     the written agreement; or
9-10                       (B)  the existence of the condition that renders
9-11     the continuance of the delegated network's business hazardous to
9-12     the enrollees.
9-13           (e)  A delegated network shall respond to a request from a
9-14     health maintenance organization under Subsection (d) of this
9-15     section in writing not later than the 30th day after the date the
9-16     request is received.
9-17           (f)  The health maintenance organization shall cooperate with
9-18     the delegated network to correct any failure by the delegated
9-19     network to comply with the regulatory requirements of the
9-20     department relating to any matters:
9-21                 (1)  delegated to the delegated network by the health
9-22     maintenance organization; or
9-23                 (2)  necessary for the health maintenance organization
9-24     to ensure compliance with statutory or regulatory requirements.
9-25           (g)  The health maintenance organization shall notify the
9-26     department and request intervention if:
 10-1                (1)  the health maintenance organization does not
 10-2    receive a timely response from the delegated network as required by
 10-3    Subsection (e) of this section; or
 10-4                (2)  the health maintenance organization receives a
 10-5    timely response from the delegated network as required by
 10-6    Subsection (e) of this section, but the health maintenance
 10-7    organization and the delegated network are unable to reach an
 10-8    agreement as to whether the delegated network:
 10-9                      (A)  is complying with the written agreement; or
10-10                      (B)  has corrected any problem regarding a
10-11    practice that is hazardous to an enrollee of the health maintenance
10-12    organization.
10-13          (h)  On receipt of a request for intervention under
10-14    Subsection (g) of this section, the department may:
10-15                (1)  request financial and operational documents from
10-16    the delegated network to further investigate deficiencies indicated
10-17    by the monitoring plan;
10-18                (2)  conduct an on-site audit of the delegated network
10-19    if the department determines that the delegated network is not
10-20    complying with the monitoring standards required under Subsection
10-21    (a)(1) of this section; or
10-22                (3)  notwithstanding any other provisions, upon
10-23    violation of a monitoring plan, suspend or revoke the third party
10-24    administrator license or utilization review agent license of:
10-25                      (A)  the delegated network; or
10-26                      (B)  a third party with which the delegated
 11-1    network has contracted.
 11-2          (i)  The department shall report to the delegated network and
 11-3    the health maintenance organization the results of its review not
 11-4    later than the 60th day after the date of the department's initial
 11-5    request for documentation; provided, however, the department shall
 11-6    not report to the health maintenance organization any information
 11-7    regarding fee schedules, prices, cost of care, or other information
 11-8    not relevant to the monitoring plan.
 11-9          (j)  The delegated network shall respond to the department's
11-10    report and submit a corrective plan to the department and to the
11-11    health maintenance organization not later than the 30th day after
11-12    the date the delegated network receives the department's report.
11-13    The delegated network may withhold information regarding fee
11-14    schedules, prices, cost of care, or other information not relevant
11-15    to the monitoring plan.
11-16          (k)  Reports and corrective plans required under Subsection
11-17    (i) or (j) of this section shall be treated as public documents,
11-18    except that health care provider fee schedules, prices, costs of
11-19    care, or other information not relevant to the monitoring plan and
11-20    any other information that is considered confidential by law shall
11-21    be considered confidential.
11-22          (l)  The department may request that a delegated network take
11-23    corrective action to comply with the department's statutory and
11-24    regulatory requirements that:
11-25                (1)  relate to any matters delegated by the health
11-26    maintenance organization to the delegated network; or
 12-1                (2)  are necessary to ensure the health maintenance
 12-2    organization's compliance with statutory and regulatory
 12-3    requirements.
 12-4          (m)  If a delegated network does not comply with the
 12-5    department's request for corrective action, the department may
 12-6    order the health maintenance organization to:
 12-7                (1)  temporarily or permanently cease assignment of new
 12-8    enrollees to the delegated network;
 12-9                (2)  temporarily or permanently transfer enrollees to
12-10    alternative delivery systems to receive services; or
12-11                (3)  modify or terminate its contract with the
12-12    delegated network.
12-13          (n)  The commissioner shall maintain enrollee and provider
12-14    complaints in a manner that identifies complaints made about
12-15    delegated networks.
12-16          (o)  The commissioner may adopt rules as necessary to
12-17    interpret, implement, and enforce this section.
12-18          SECTION 3.  Subsection (b), Section 11, Texas Health
12-19    Maintenance Organization Act (Article 20A.11, Vernon's Texas
12-20    Insurance Code), is amended to read as follows:
12-21          (b)  A health maintenance organization shall provide an
12-22    accurate written description of health care plan terms and
12-23    conditions, including restrictions or limitations related to
12-24    limited provider networks or delegated networks within a health
12-25    care plan, to allow any current or prospective group contract
12-26    holder and current or prospective enrollee eligible for enrollment
 13-1    in a health care plan to make comparisons and informed decisions
 13-2    before selecting among health care plans.  The written description
 13-3    must be in a readable and understandable format as prescribed by
 13-4    the commissioner and shall include a current list of physicians and
 13-5    providers, including delineation of limited provider networks and
 13-6    delegated networks.  The health maintenance organization may
 13-7    provide its handbook to satisfy this requirement provided the
 13-8    handbook's content is substantially similar to and achieves the
 13-9    same level of disclosure as the written description prescribed by
13-10    the commissioner and the current list of physicians and providers
13-11    is also provided.
13-12          SECTION 4.  This Act takes effect September 1, 1999, except
13-13    that Section 3 takes effect for any contract entered into or
13-14    renewed on or after January 1, 2000.
13-15          SECTION 5.  Subsections (dd) and (ee), Section 2, Texas
13-16    Health Maintenance Organization Act (Article 20A.02, Vernon's Texas
13-17    Insurance Code), and Section 18C, Texas Health Maintenance
13-18    Organization Act (Chapter 20A, Vernon's Texas Insurance Code), as
13-19    added by this Act, expire September 2, 2001, unless continued in
13-20    existence by the legislature by that date.
13-21          SECTION 6.  The importance of this legislation and the
13-22    crowded condition of the calendars in both houses create an
13-23    emergency and an imperative public necessity that the
13-24    constitutional rule requiring bills to be read on three several
13-25    days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 890 passed the Senate on
         April 26, 1999, by a viva-voce vote; and that the Senate concurred
         in House amendment on May 18, 1999, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 890 passed the House, with
         amendment, on May 12, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
         Approved:
         _______________________________
                     Date
         _______________________________
                   Governor