HBA-NRS, CCH C.S.H.B. 803 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 803
By: Junell
Public Health
5/15/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

A registered nurse first assistant (RNFA) is a technically skilled and
highly educated nursing professional who renders direct care to surgical
patients before, during, and after surgery.  RNFAs perform the same first
assisting duties as surgeons, physicians, physician assistants, and some
nurse practitioners, all of whom are authorized to receive Medicare
reimbursement for their first assisting services.  Nevertheless, Medicare
and most private insurance companies do not directly reimburse RNFAs for
their services, and reimbursement rates that RNFAs do receive are not
always commensurate with the reimbursement rates of other health care
professionals who perform the same first assisting duties.  Failure to
reimburse or adequately reimburse RNFAs may result in costs being shifted
to patients.  C.S.H.B. 803 prohibits an insurance company from refusing to
contract with an RNFA or to cover first assisting services because they
were performed by an RNFA. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Board of Nurse Examiners in SECTION
5 (Section 301.1525, Occupations Code) of this bill.  

ANALYSIS

C.S.H.B. 803 amends the Occupations Code to authorize the Board of Nurse
Examiners (board) to adopt rules governing nurse first assistants (RNFAs).
The bill prohibits a health maintenance organization or an insurer,
including an insurer offering a preferred provider benefit plan, from
requiring, by contract or any other method, a physician to use the services
of a nurse first assistant (Sec. 301.1525).  

C.S.H.B. 803 amends the Insurance Code to authorize any person with health
insurance coverage to select an RNFA to provide services scheduled in a
policy that fall within the scope of the RNFA's license and are requested
by the physician whom the nurse is assisting.  The bill prohibits an
insurance company, association, or organization from denying or making any
classification, differentiation, or discrimination in the payment for
scheduled services or procedures because they were performed by an RNFA
(Sec. 3, Art. 21.52).  

The bill amends the Human Resources Code to require the Health and Human
Services Commission to assure that a recipient of medical assistance is
authorized to select an RNFA to perform any health care service or
procedure covered under the medical assistance program if the selected RNFA
is authorized to perform the service or procedure and the physician
requests that the service or procedure be performed by the RNFA (Sec.
32.027). 

The bill amends the Insurance Code to prohibit a preferred provider or a
health maintenance organization from refusing to contract with an RNFA to
be included in the network or refuse to reimburse the RNFA or a covered
service that a physician has requested the RNFA to perform (Sec. 3, Art.
3.70-3C, and Sec. 14, Art. 20A.14).  

The bill amends the Labor Code to prohibit an insurance carrier from
refusing to reimburse a health care  practitioner solely because that
practitioner is an RNFA for a covered service that a physician providing
health care services under worker's compensation has requested the RNFA to
perform (Sec. 408.029). 

EFFECTIVE DATE

September 1, 2001.  The Act applies only to a health insurance policy that
is delivered, issued for delivery, or renewed on or after January 1, 2002. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 803 modifies the original bill to specify that a registered nurse
first assistant (RNFA) provide services scheduled in an insurance policy or
through the medical assistance program that are requested by the physician
whom the nurse is assisting (Sec. 3, Art. 21.52, Insurance Code, and Sec.
32.027, Human Resources Code). The substitute authorizes, rather than
requires, the Board of Nurse Examiners (board) to adopt rules and removes
the provision that the board establish education requirements and
procedures for approving a registered nurse as a nurse first assistance.
The substitute prohibits an insurer from requiring a physician to use the
services of an RNFA (Sec. 301.1525, Occupations Code). The substitute
prohibits an insurer from refusing to contract with or from refusing to
reimburse an RNFA for services (Sec. 3, Art. 3.70-3C and Sec. 14, Art.
20A.14, Insurance Code and Sec. 408.029, Labor Code).