By Harris                                              S.B. No. 890
         76R6814 AJA-F                           
                                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.  The Texas Health Maintenance Organization Act
 1-6     (Chapter 20A, Vernon's Texas Insurance Code) is amended by adding
 1-7     Section 18B to read as follows:
 1-8           Sec. 18B.  DELEGATION OF CERTAIN FUNCTIONS.  (a)  In this
 1-9     section:
1-10                 (1)  "Delegation agreement" means an agreement through
1-11     which a health maintenance organization transfers responsibility
1-12     for one or more functions regulated under this Act.
1-13                 (2)  "Delegated network" means an entity, other than a
1-14     health maintenance organization authorized to do business under
1-15     this Act or an insurer authorized to do business under Chapter 3,
1-16     Insurance Code, that by itself or through one or more entities
1-17     undertakes to arrange for or provide medical care to the health
1-18     maintenance organization's enrollees in exchange for a
1-19     predetermined payment per enrollee on a prepaid basis.  The term
1-20     does not include an individual physician or a group of employed
1-21     physicians who practice medicine under one federal tax
1-22     identification number and whose total claims paid to providers not
1-23     employed by the group is less than 20 percent of the total
1-24     collected revenue of the group computed on a calendar-year basis.
 2-1           (b)  A health maintenance organization may enter into a
 2-2     delegation agreement with a delegated network by executing a
 2-3     written agreement with the network and filing the agreement with
 2-4     the department not later than the 30th day after the date on which
 2-5     the agreement is executed.  The agreement must contain:
 2-6                 (1)  a monitoring plan that requires:
 2-7                       (A)  specified financial practices to ensure that
 2-8     the network tracks and reports all liabilities that have been
 2-9     incurred but not reported;
2-10                       (B)  a monthly summary of the total amount paid
2-11     by the network to physicians and providers; and
2-12                       (C)  a monthly summary of complaints from
2-13     physicians and providers regarding delays in payments of claims or
2-14     nonpayment of claims, including the status of each complaint;
2-15                 (2)  a provision that the agreement cannot be
2-16     terminated by the network or the health maintenance organization
2-17     without at least 90 days' written notice;
2-18                 (3)  a provision prohibiting the network and the
2-19     physicians and providers with whom it has contracted from billing
2-20     or attempting to collect payment from an enrollee for a covered
2-21     service, other than an authorized copayment or deductible, under
2-22     any circumstance, including the insolvency of the health
2-23     maintenance organization or the network;
2-24                 (4)  a provision stating that nothing in the agreement
2-25     may be construed to limit in any way the health maintenance
2-26     organization's authority or responsibility to comply with all
2-27     statutory and regulatory requirements;
 3-1                 (5)  if the claims payment function has been delegated
 3-2     by the health maintenance organization to the network or a third
 3-3     party, an affirmation by the network or third party that:
 3-4                       (A)  states that the network or third party is
 3-5     certified as a third party administrator under Article 21.07-6,
 3-6     Insurance Code; and
 3-7                       (B)  includes the certificate number of the
 3-8     network or third party;
 3-9                 (6)  if the utilization review function has been
3-10     delegated by the health maintenance organization to the network or
3-11     a third party, an affirmation by the network or the third party
3-12     that:
3-13                       (A)  states that the network or third party is
3-14     certified as a utilization review agent under Article 21.58A,
3-15     Insurance Code; and
3-16                       (B)  includes the certificate number of the
3-17     network or third party;
3-18                 (7)  an acknowledgment and agreement by the network
3-19     that:
3-20                       (A)  the health maintenance organization is
3-21     required to establish, operate, and maintain a health care delivery
3-22     system, quality assurance system, provider-credentialing system,
3-23     and other systems and programs that meet statutory and regulatory
3-24     standards and is directly accountable for compliance with those
3-25     standards;
3-26                       (B)  the role of the network in contracting with
3-27     the health maintenance organization is limited to performing
 4-1     certain delegated functions of the health maintenance organization,
 4-2     using standards approved by the health maintenance organization and
 4-3     subject to the health maintenance organization's oversight and
 4-4     monitoring of the network's performance; and
 4-5                       (C)  if the network fails to meet monitoring
 4-6     standards designed to ensure that the network performs the
 4-7     functions delegated to it under the agreement in full compliance
 4-8     with all statutory and regulatory requirements, the health
 4-9     maintenance organization may cancel delegation of any management
4-10     responsibilities;
4-11                 (8)  a provision requiring the network to make
4-12     available to the health maintenance organization samples of the
4-13     network's contracts with physicians and providers, excluding any
4-14     contractual provisions relating to financial arrangements with the
4-15     physicians or providers, to ensure compliance with the contractual
4-16     requirements described under Subsections (b)(2) and (3) of this
4-17     section; and
4-18                 (9)  a provision requiring the network to provide the
4-19     health maintenance organization, not more often than quarterly, in
4-20     a format usable for audit purposes, the data necessary for the
4-21     health maintenance organization to comply with the department's
4-22     reporting requirements with respect to any delegated functions
4-23     performed under the agreement, including:
4-24                       (A)  a summary describing the methods by which
4-25     physicians and providers were paid by the network, such as
4-26     capitation, fee-for-service, or other risk arrangements, including
4-27     the percentage of physicians and providers paid for each payment
 5-1     category;
 5-2                       (B)  the period that claims and debts owed by the
 5-3     network have been pending and the dollar amount of those claims and
 5-4     debts;
 5-5                       (C)  information required for the health
 5-6     maintenance organization to be able to file claims for reinsurance,
 5-7     coordination of benefits, and subrogation, if required by the
 5-8     agreement; and
 5-9                       (D)  documentation relating to any inquiry into
5-10     or investigation by a regulatory agency of the network or any
5-11     individual physician or provider with whom the network contracts
5-12     that is related to the enrollees of the health maintenance
5-13     organization, including documentation of the final resolution of
5-14     the inquiry or investigation.
5-15           (c)  Notwithstanding Subsection (b)(9)(D) of this section,
5-16     this section does not affect a requirement adopted under Section
5-17     5.06, Medical Practice Act (Article 4495b, Vernon's Texas Civil
5-18     Statutes), that requires information, documents, and deliberations
5-19     related to medical peer review to be confidential and privileged.
5-20           (d)  A health maintenance organization shall provide at least
5-21     monthly unless another period is provided by this subsection to
5-22     each delegated network with which it has a delegation agreement
5-23     data in a standard electronic format that includes:
5-24                 (1)  the name of each health maintenance organization
5-25     enrollee eligible or assigned to receive services from the network;
5-26                 (2)  the number of enrollees added and terminated
5-27     during the previous reporting period;
 6-1                 (3)  the age, sex, benefit plan, and employer's
 6-2     industry information for each enrollee eligible for or assigned to
 6-3     receive services from the network;
 6-4                 (4)  the name of each enrollee that submitted a claim
 6-5     during the previous reporting period and the number and amount of
 6-6     claims paid by the health maintenance organization on behalf of the
 6-7     network during the previous reporting period;
 6-8                 (5)  the name of each enrollee for whom the network is
 6-9     taking partial risk and for whom a pharmacy prescription was paid
6-10     and the number and amount of pharmacy prescriptions paid for those
6-11     enrollees during the previous reporting period;
6-12                 (6)  risk-pool data reported annually and on
6-13     settlement;
6-14                 (7)  a list of unassigned enrollees of the health
6-15     maintenance organization;
6-16                 (8)  if hospital or facility costs affect the network's
6-17     costs, any known future facility contract rates for the health
6-18     maintenance organization, reported annually and on renewal of the
6-19     agreement;
6-20                 (9)  information required for the network to be able to
6-21     file claims for reinsurance, coordination of benefits, and
6-22     subrogation; and
6-23                 (10)  patient complaint data related to the network.
6-24           (e)  If a health maintenance organization receives
6-25     information through the monitoring plan required by Subsection
6-26     (b)(1) of this section that indicates the delegated network is not
6-27     operating in accordance with the delegation agreement or is
 7-1     operating in a condition that makes its continued operation
 7-2     hazardous to the enrollees, the health maintenance organization
 7-3     shall notify the network of its findings and request in writing an
 7-4     explanation of the network's noncompliance with the agreement or
 7-5     the existence of the condition that makes its continued operation
 7-6     hazardous to the enrollees.
 7-7           (f)  The delegated network shall respond in writing to a
 7-8     request by the health maintenance organization under Subsection (e)
 7-9     of this section not later than the 30th day after the date the
7-10     network receives the request.
7-11           (g)  The health maintenance organization shall take
7-12     appropriate action to work with the delegated network to correct
7-13     any failure by the network to comply with regulatory requirements
7-14     relating to a function delegated to the network by the health
7-15     maintenance organization that are necessary to ensure compliance by
7-16     the health maintenance organization with regulatory requirements.
7-17           (h)  The health maintenance organization shall notify the
7-18     department and request the department's intervention if:
7-19                 (1)  no response is received from a delegated network
7-20     to a request made under Subsection (e) of this section; or
7-21                 (2)  a response is received, but no agreement can be
7-22     reached between the health maintenance organization and the network
7-23     as to whether the network is complying with the delegation
7-24     agreement or has corrected a condition making its continued
7-25     operation hazardous to the enrollees.
7-26           (i)  If a request is received by the department for
7-27     intervention, the department may:
 8-1                 (1)  request financial and operational documents from a
 8-2     delegated network to further investigate deficiencies indicated by
 8-3     the monitoring plan;
 8-4                 (2)  conduct an on-site audit of a network if the
 8-5     department finds that the network is not complying with the
 8-6     monitoring standards required under Subsection (b)(1) of this
 8-7     section; and
 8-8                 (3)  notwithstanding any other provision of this
 8-9     section, and in accordance with applicable laws and department
8-10     rules, suspend or revoke a third party administrator or utilization
8-11     review agent certificate of a network or the third party with which
8-12     the network has contracted.
8-13           (j)  Documents provided under Subsection (i) of this section
8-14     are confidential and privileged and are not subject to the open
8-15     records law, Chapter 552, Government Code, or to subpoena except as
8-16     necessary for the commissioner to enforce this Act.
8-17           (k)  The department shall report to a delegated network the
8-18     results of a review performed under Subsection (i) of this section
8-19     not later than the 60th day after the date of the department's
8-20     initial request for documentation.  The report is confidential and
8-21     privileged and is not subject to the open records law, Chapter 552,
8-22     Government Code, or to subpoena except as necessary for the
8-23     commissioner to enforce this Act.
8-24           (l)  A delegated network shall respond and submit a
8-25     corrective plan not later than the 30th day after the date of
8-26     receipt of a report by the department made under Subsection (k) of
8-27     this section.  The response and corrective plan are confidential
 9-1     and privileged and are not subject to the open records law, Chapter
 9-2     552, Government Code, or to subpoena except as necessary for the
 9-3     commissioner to enforce this Act.
 9-4           (m)  The department may request that a delegated network take
 9-5     corrective action to comply with the department's statutory and
 9-6     regulatory requirements relating to any matter delegated by a
 9-7     health maintenance organization to the network or that is necessary
 9-8     to ensure the health maintenance organization's compliance with
 9-9     statutory and regulatory requirements.  If the network fails to
9-10     comply with the department's request for corrective action, the
9-11     department may order the health maintenance organization to:
9-12                 (1)  temporarily or permanently cease assignment of new
9-13     enrollees to the network;
9-14                 (2)  temporarily or permanently transfer patients to
9-15     alternative delivery systems to receive services; or
9-16                 (3)  modify or terminate its contract with the network.
9-17           SECTION 2.  This Act takes effect September 1, 1999, and
9-18     applies only to a delegation agreement entered into on or after
9-19     that date.
9-20           SECTION 3.  The importance of this legislation and the
9-21     crowded condition of the calendars in both houses create an
9-22     emergency and an imperative public necessity that the
9-23     constitutional rule requiring bills to be read on three several
9-24     days in each house be suspended, and this rule is hereby suspended.