SRC-CTC S.B. 8 77(R)BILL ANALYSIS


Senate Research CenterS.B. 8
By: Cain
Health & Human Services
6/13/2001
Enrolled

DIGEST AND PURPOSE 

Currently, Texas Health Maintenance Organizations (HMOs) and insurance
companies routinely reimburse doctors and hospitals far less for
women-specific surgeries and procedures than for other equivalent
procedures.  As a result, women in Texas are finding it difficult to get
needed medical care. S.B. 8 requires HMOs and insurance companies to pay
doctors and hospitals equally for womenspecific surgeries as well as for
other equivalent procedures.   

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Board of Health,
Texas Board of Human Services, and the Texas Department of Insurance in
SECTION 4 of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  SHORT TITLE.  Authorizes this Act to be called the Omnibus
Women's Equal Health Care Act. 

SECTION 2.  PURPOSE.  Sets forth the purpose of this Act.

SECTION 3.  AMENDMENT.  Amends Chapter 21, Insurance Code, by adding
Article 21.53N, as follows: 

ARTICLE 21.53N.  WOMEN'S EQUAL HEALTH CARE ACT

 Sec. 1.  DEFINITIONS.  Defines "physician" and "provider."

Sec. 2.  APPLICABILITY OF ARTICLE.  Provides that this article applies only
to a health benefit plan, including an individual, group blanket, or
franchise insurance policy or insurance agreement, a group hospital service
contract, or an individual or group evidence of coverage or similar
coverage document, that provides benefits for medical or surgical expenses
incurred as a result of a health condition, accident, or sickness that is
offered by certain entities. 

Sec. 3.  REIMBURSEMENT FOR SERVICES.  Requires a health benefit plan, when
reimbursing a physician or provider for reproductive health and oncology
services to women, to pay an amount not less than the annual average
compensation per hour or unit as would be paid in the service area to a
physician or provider for the same resources that would be used for health
services provided exclusively to men or to the general population. 

Sec. 4.  PENALTIES.  (a) Provides that a health benefit plan as described
by Section 2 of this article that is found to be in violation of or failing
to comply with this article is subject to the sanctions authorized by
Chapter 82 of this code.  Authorized the commissioner of insurance
(commissioner) to also use the cease and desist procedures authorized by
Chapter 83 of this code and, in accordance with the provisions of that
chapter, direct the plan to make complete restitution, which may include
reasonable attorney's fees incurred by a person making a complaint under
this article.  Authorizes the commissioner, notwithstanding the provisions
of this  section, to order the greater of complete or economic damages. 

(b) Sets forth the conditions under which the commissioner may impose an
administrative penalty and sets the maximum amount of the penalty. 

(c) Requires the commissioner to make a determination of a violation of
this article and impose the appropriate sanctions within 120 days of the
date a complaint alleging a violation is filed. 

(d) Requires the procedural requirements established by Chapter 84C of this
code to govern the imposition of sanctions and administrative penalties
under this article. 

(e) Provides that any person affected by an order of the commissioner,
including a physician or provider, in any proceeding relating to the
imposition of a sanction or administrative penalty by the commissioner
under this article, is entitled to intervene in the proceeding by filing
with the commissioner a notice of intervention.  Requires the commissioner
to afford an affected person, including a physician or provider, a
reasonable period in which to intervene.  Requires the commissioner, at the
time the commissioner notifies the health benefit plan about the plan's
opportunity for a hearing regarding an alleged violation, to provide a
notice to each affected person, including a physician or provider, of all
relevant information regarding the hearing.  Provides that a person,
including a physician or provider who intervenes under this subsection, has
the right and powers of a party under Chapter 2001, Government Code. 

Sec. 5.  JUDICIAL REVIEW.  (a) Authorizes a person, including a person who
intervenes under Section 4(e) of this article, affected by an order of the
commissioner regarding a violation of this article to file an appeal in
district court.  Provides that the standard of review under this subsection
is substantial evidence. 

(b) Authorizes the person who initiated the compliant to bring an action in
the district court for a violation of this article if the commissioner
fails to make a determination by order of a complaint within the time limit
prescribed by Section 4(c) of this article. Requires the action to be
commenced within 12 months after the date on which the time limit for the
commissioner's determination expired. 

(c) Sets forth certain actions a court is authorized to take in a suit
filed under Subsection (b) of this section. 

(d) Requires a court, on a finding by the court that an action under
Subsection (b) of this section was groundless and brought in bad faith or
brought for the purposes of harassment, to award the defendant reasonable
and necessary attorney's fees. 

Sec. 6. LIMITATION OF REIMBURSEMENT REQUIREMENTS.  Provides that this
article does not require the issuer of a health benefit plan to provide
reimbursement for an abortion as defined by the Family Code or related
services. 

SECTION 4.  EFFECTIVE DATE; TRANSITION.  (a) Effective date: September 1,
2001. 

 (b) Makes application of this Act prospective to January 1, 2002.

(c) Requires the Texas Board of Health, the Texas Board of Human Services,
and the Texas Department of Insurance, not later than 90 days after the
effective date of this Act, to repeal any rules contrary to this Act and to
adopt rules necessary to implement this Act.  Requires the rules to require
that providers justify any disparity in reimbursement rates for the
provision of health care services and that any disparity accurately
reflects the difference in time and  resources expended to provide the
health care services.