SRC-JEC H.B. 2430 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2430
77R12555 AJA-DBy: Naishtat (Sponsor Unknown)
Business & Commerce
5/11/2001
Engrossed


DIGEST AND PURPOSE 

The 76th Legislature established the consumer assistance program to assist
consumers with concerns regarding health maintenance organizations (HMOs)
regulated by the Texas Department of Insurance (department). However, many
individuals are covered by insurance plans that are not regulated by the
department and may not understand their options when choosing a health care
plan, or be aware of their rights and responsibilities when insurance
approvals or payments are delayed or denied.  H.B. 2430 creates a consumer
assistance program to provide information to all health insurance consumers
who have questions about insurance options and to assist persons who are
experiencing problems with their insurance coverage.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency.  

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 21E, Insurance Code, by adding Article 21.53Z, as
follows: 

 Art. 21.53Z.  HEALTH BENEFIT PLAN CONSUMERS ASSISTANCE PROGRAM 

 Sec. 1.  DEFINITION. Defines "consumer." 

 Sec. 2.  HEALTH BENEFIT PLAN DEFINED. Defines "health benefit plan."

Sec. 3.  HEALTH BENEFIT PLAN CONSUMERS ASSISTANCE PROGRAM. (a) Establishes
the health benefit plan consumers assistance program (program) in the
office of public insurance counsel (office).  Authorizes the office to
contract, through a request for proposals, with a nonprofit organization to
operate the program.  Requires the office, if it enters into a contract
under this subsection, to monitor the performance of the nonprofit
organization that operates the program. 

  (b)  Sets forth program requirements.

  (c)  Sets forth program authority.
 
(d)  Authorizes the office or an entity contracting with the office to
implement this article to establish an advisory committee composed of
consumers, health care providers, and representatives of health benefit
plan issuers. 

(e)  Prohibits a nonprofit organization contracting with the office under
Subsection (a) of this section from being involved in providing health care
or issuing health benefit plans and requires it to demonstrate that the
organization has expertise in providing direct assistance to consumers who
have concerns or problems involving health benefit plans. 
 
Sec. 4.  SCOPE OF PROGRAM; REFERRAL. Requires the program to supplement and
not duplicate services provided by existing public and private programs or
state agencies, including the Texas Department of Insurance (department)
and the office, and to refer consumers to other programs or agencies as
appropriate. 

Sec. 5.  PROVISION OF CERTAIN INFORMATION BY ISSUER OF HEALTH BENEFIT PLAN
REQUIRED. (a) Requires the issuer of a health benefit plan to include in
the plan's enrollment information materials notice of the availability of
the health benefit plan consumers assistance program and describe the
services provided by the program.  Requires the membership information
materials to include the program's toll-free telephone number and state
that a consumer can call the program for information or assistance in
resolving a problem or filing a complaint involving the health benefit
plan. 

(b)  Requires the issuer of a health benefit plan to provide the
information required under Subsection (a)  of this section in writing to
any person who makes an oral or written complaint to the issuer involving
the plan. 

(c)  Provides that this section does not apply to the medical assistance
program, except that this section applies to a Medicaid managed care
organization.  Provides that this section does not apply to the federal
Medicare program or to a self-insured employee benefit plan that is subject
to the Employee Retirement Income Security Act of 1974 (29 U.S.C. Section
1001 et seq.), as amended, other than a multiple employer welfare
arrangement that holds a certificate of authority under Article 3.95-2 of
this code. 

Sec. 6.  REFERRAL BY DEPARTMENT. Requires the department, if it receives a
complaint from a consumer involving a health benefit plan that is not
subject to regulation by the department, to inform the consumer about the
services provided by the program and provide the consumer with the
program's toll-free telephone number. 

Sec. 7.  APPLICABILITY OF SUNSET ACT. Provides that, if the health benefit
plan consumers assistance program is not continued in existence as provided
by Chapter 325, Government Code (Texas Sunset Act), as that Act applies to
the performance of the functions of the office of public insurance counsel
under Section 7, Article 1.35A of this code, the program is abolished and
this article expires September 1, 2005. 

SECTION 2.  Repealers:  Sections 5 and 6, Chapter 1457, Acts of the 76th
Legislature, Regular Session, 1999. 

SECTION 3.  Effective date: September 1, 2001.