SRC-CTC C.S.H.B. 2498 77(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 2498
By: Haggerty (Lucio)
Business & Commerce
5/9/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Millions of people living or working near the Texas-Mexico border are
uninsured.  One complicating factor is that border residents sometimes
receive medical treatment in both the United States and Mexico.  C.S.H.B.
2498 creates a cross-border health insurance arrangement that allows
Texas-based employers to offer health insurance coverage for services in
Mexico to Mexican nationals who work or reside  within 62 miles of the
Texas-Mexico border.  

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the commissioner of insurance
in SECTION 1 (Article 20B.06, Insurance Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 1, Insurance Code, by adding Chapter 20B, as
follows: 

CHAPTER 20B.  CROSS-BORDER HEALTH CARE PLAN

Art. 20B.01.  SHORT TITLE.  Authorizes this chapter to be cited as the
Cross-Border Health Care Plan Act. 

Art. 20B.02.  DEFINITIONS.  Defines "basic health care services,"
"cross-border health care plan," "emergency care," "enrollee," "health care
plan," "health care services," "health maintenance organization," and
"health maintenance organization delivery network." 

Art. 20B.03.  ELIGIBILITY FOR COVERAGE.  Authorizes a cross-border health
care plan (plan) only to be offered or made available to certain persons
and their dependents. 

Art. 20B.04.  COVERAGE OFFERED.  (a) Authorizes a health maintenance
organization (HMO) licensed to provide basic health care services under the
Texas Health Maintenance Organization Act (Chapter 20A, Insurance Code) to
offer a plan to individuals or to small employers or large employers, as
those terms are defined by Article 26.02 of this code. Provides that an
HMO, in arranging for or providing a plan, has all of the powers and
authority granted under Section 6, Texas Health Maintenance Organization
Act. 

(b) Authorizes a plan to limit its service area to a geographic region
within the United Mexican States and to limit the coverage of out-of-area
health care services delivered in this state to emergency care services.
Provides that the delivery of emergency care services in this state under
the plan is subject to the requirements of Section 4(a)(16), Texas Health
Maintenance Organization Act. 

(c) Requires the delivery of health care services through the HMO delivery
network located in the United Mexican States to be based on and determined
by the prevailing community standards in the United Mexican States, and
provides that the licensing of  physicians and providers is governed by the
applicable laws of the United Mexican States.  Provides that a physician or
provider providing health care services through the delivery network is not
required to be licensed by this state.  Provides that the credentialing,
peer review, and quality of care standards used by an HMO offering a plan
is governed by the standards that apply in the United Mexican States. 

(d) Authorizes a plan to be made available to eligible employees of a small
or large employer, and their dependents, only when chosen by the employer
as an option among two or more health benefit plans, at least one of which
provides coverage for health care services delivered in this state. 

(e) Requires an HMO that offers a plan to contract with sufficient
providers and physicians to assure that all health care services for which
coverage is provided will be reasonably available and accessible. 

Art. 20B.05.  APPLICABILITY OF TEXAS HEALTH MAINTENANCE ORGANIZATION ACT.
(a) Requires a plan to satisfy the requirements of Section 9, Texas Health
Maintenance Organization Act, with certain exceptions.  Requires an HMO to
file the form of its plan for information only with the commissioner of
insurance (commissioner), accompanied by a certification on its behalf that
on best knowledge, information, and belief, the filed form complies in all
respcts with the applicable provisions of certain laws, rules, and
regulations. 

(b) Sets forth the extent to which certain sections of the Texas Health
Maintenance Organization Act apply to a plan. 

(c) Provides that Section 26, Texas Health Maintenance Organization Act
applies to a plan, except that Subsection (i)(3) of that section does not
apply to a plan.  Provides that Articles 21.07-6 and 21.58A, Insurance
Code, do not apply to the activities of physicians, providers, and other
persons doing business in the United Mexican States. 

Art. 20B.06.  RULES AND REGULATIONS.  Authorizes the commissioner to adopt
certain reasonable rules and regulations. 

SECTION 2.  Effective date: September 1, 2001.
  Makes application of this Act prospective.

SUMMARY OF COMMITTEE CHANGES

Amends Engrossed H.B. 2498 by removing proposed text of Article 20B.05(b),
and redesignating subsequent subsections.