SRC-TBR S.B. 1284 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1284
77R7656 AJA-FBy: Van de Putte
Business & Commerce
3/26/2001
As Filed


DIGEST AND PURPOSE 

Currently, a health plan is allowed to "add" or "change" the data elements
that constitute a "clean claim."  The addition or change is accomplished
when the plan notifies the physician 60 days before the new elements go
into effect.  As proposed, S.B. 1284 establishes standards for "receipt" of
claims that begin the clean claim time limit. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Commissioner of Insurance
in SECTIONS 5 and 7 (Chapter 21E, Article 21.60, and Article 21.21
Insurance Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 3A(a), Article 3.70-3C, Insurance Code, to
redefine "clean claim." 

SECTION 2.  Amends Article 3.70-3C, Insurance Code, by adding Sections 3C
and 3D, as follows: 

Sec. 3C.  DISPUTE RESOLUTION.  (a)  Prohibits an insurer from requiring the
use of a dispute resolution procedure with a preferred provider if the use
of the procedure results in a violation of Section 3A(c) or (e) of this
article. 

(b)  Prohibits the provisions of this section from being waived or
nullified by contract. 

Sec. 3D.  AVAILABILITY OF CODING GUIDELINES.  Requires a preferred provider
contract between an insurer and a physician to provide certain
requirements. 

SECTION 3.  Amends Section 18B(a), Texas Health Maintenance Organization
Act (Article 20A.18B, V.T.I.C.), to define, in this section, "clean claim." 

SECTION 4.  Amends The Texas Health Maintenance Organization Act (Chapter
20A, V.T.I.C.) by adding Sections 18D and 18E, as follows: 

Sec. 18D.  DISPUTE RESOLUTION.  (a)  Prohibits a health maintenance
organization from requiring the use of a dispute resolution procedure with
a physician or provider if the use of the procedure results in a violation
of Section 18B(c) or (e) of this Act. 

(b)  Prohibits the provisions of this section from being waived or
nullified by contract. 

Sec. 18E.  AVAILABILITY OF CODING GUIDELINES.  Requires a contract between
a health maintenance organization and a physician to provide certain
requirements. 

SECTION 5.  Amends  Chapter 21E, Insurance Code, by adding Article 21.60,
as follows: 


 Art. 21.60.  PAYMENT OF CLAIMS AND VERIFICATION OF COVERAGE UNDER CERTAIN
HEALTH BENEFIT PLANS 

 Sec. 1.  DEFINITIONS.  Defines "institutional provider" "plan issuer," and
"provider." 

Sec. 2.  DEFINITION OF CLEAN CLAIM.  (a)  Provides that except as provided
by Subsection (b), (c), or (e) of this section, a claim by a provider,
other than an institutional provider, is a "clean claim" if the claim is
submitted using Health Care Financing Administration Form 1500 or another
Health Care Financing Administration form adopted by the commissioner for
the purposes of this subsection that is submitted to a plan issuer for
payment and contains certain data elements entered into the appropriate
fields on the form. 

(b)  Requires that physician, if the provider indicates under Subsection
(a)(12) of this section that there is another health benefit plan
applicable to the claim, to, in addition to providing the data elements
required under Subsection (a)  of this section, enter certain data elements
into the appropriate fields on the form if the provider knows the
information required for those fields or if the physician is submitting a
claim to a secondary payor plan issuer. 

(c)  Authorizes a plan issuer to, by contract with a provider, define
"clean claim" to include certain elements. 

(d)  Provides that except as provided by Subsection (e) of this section, a
claim by an institutional provider is a "clean claim" if the claim is
submitted using Health Care Financing Administration Form UB-92 or another
Health Care Financing Administration form adopted by the commissioner for
the purposes of this subsection that is submitted for payment with certain
data elements entered into the appropriate fields on the form. 

(e)  Authorizes a health maintenance organization to require a claim to
contain any data element that is required in an electronic transaction set
needed to comply with federal law. 

Sec. 3.  REQUEST FOR CLARIFICATION OF CLAIM.  (a)  Authorizes a plan issuer
to, in good faith, request in writing that a provider provide in writing
any information required to clarify information provided as part of a clean
claim.  Provides that the request is not valid unless certain conditions
are met. 

(b)  Provides that if a provider who receives a valid request under
Subsection (a) of this section does not provide the requested  information
on or before the 20th calendar day after the date the request is received,
the 45-day payment period under Section 3A, Article 3.70-3C, of this code,
as added by Chapter 1024, Acts of the 75th Legislature, Regular Session,
1997, or Section 18B, Texas Health Maintenance Organization Act (Article
20A.18B, Vernon's Texas Insurance Code), as applicable, will be extended by
a day for each day after the 20th day that the requested information is not
received by the plan issuer. 

Sec. 4.  PREAUTHORIZATION OF MEDICAL AND HEALTH CARE SERVICES AND
PROCEDURES.  (a)  Requires a plan issuer that preauthorizes medical or
health care services or procedures to provide to each provider who provides
services or procedures to the plan's enrollees under a contract between the
provider and the plan issuer and to each enrollee a complete list of the
services and procedures requiring preauthorization and the procedures
required to obtain preauthorization of a service or procedure. 

(b)  Requires a plan issuer that receives a request for preauthorization of
a service or  procedure for which preauthorization is required to review
the request and issue a determination of coverage within the time frames
for utilization review required by Section 5, Article 21.58A, of this code,
or by Section 3A, Article 3.70-3C, of this code, as added by Chapter 1024,
Acts of the 75th Legislature, Regular Session, 1997, as appropriate. 

(c)  Authorizes a plan issuer to deny preauthorization of the service or
procedure if the plan issuer certifies in writing within the time frames
described by Subsection (b) of this section that the person to whom the
service or procedure is to be provided is not entitled to coverage under
the plan and the plan issuer was notified not later than the 30th day after
the date the person's coverage under the plan was terminated. 

Sec. 5.  DENIAL OF PREAUTHORIZATION OR CLAIM BASED ON MEDICAL NECESSITY OR
APPROPRIATENESS OF CARE.  (a)  Prohibits a plan issuer from denying a claim
for payment for a medical or health care service or procedure because the
service or procedure is not medically necessary or appropriate care unless
the procedure or service is required to be preauthorized. 

(b)  Authorizes a plan issuer to deny a request for preauthorization of a
medical or health care service or procedure or a claim for payment for a
service or procedure if certain requirements are met. 

Sec. 6.  VERIFICATION OF COVERAGE.  Requires a plan issuer to provide
access to verification of coverage and benefits 24 hours a day, seven days
a week, and to verify coverage and benefits for an enrollee to a provider
who requests the information before rendering a covered service or
procedure.  Prohibits a plan provider from requiring a provider to request
verification of coverage and benefits as a condition of providing coverage.
Prohibits a plan issuer, after coverage and benefits have been verified,
from  denying payment for services rendered unless certain conditions are
met. 

SECTION 6.  Amends Section 4, Article 21.21, Insurance Code, to provide
that the following is hereby defined as an unfair method of competition and
unfair and deceptive act or practice in the business of insurance: engaging
in certain unfair settlement practices with respect to a claim by an
insured, beneficiary, or health care provider. 

SECTION 7.  Amends Article 21.21, Insurance Code, by adding Section 4A, as
follows: 

Sec. 4A.  CLAIMS BY HEALTH CARE PROVIDERS.  (a) Defines, in this section,
"claim," "health care provider," and "person." 

(b)  Provides that a person engages in an unfair method of competition or
unfair or deceptive act or practice in the business of insurance if the
person makes certain misrepresentations of fails to take certain actions. 

(c)  Provides that for purposes of enforcement, a person who engages in an
unfair method of competition or an unfair or deceptive act or practice
under Subsection (b) of this section is considered to be engaging in an
unfair method of competition or an unfair or deceptive act or practice
defined in Section 4 of this article. 

(d)  Prohibits the  provisions of this section from being waived or
nullified by contract. 

(e)  Authorizes the commissioner to adopt rules as necessary to implement
this section. 

SECTION 8.  (a)  Makes application of this Act prospective.

 (b)  Provides that Sections 3C and 3D, Article 3.70-3C, Insurance Code, as
added by Chapter 1024, Acts of the 75th Legislature, Regular Session, 1997,
as those sections are added by this Act, apply only to a preferred provider
contract entered into on or after the effective date of this Act.  Makes
application of this Act prospective. 

(c) and (d) make application of this Act prospective.

SECTION 9.  Effective date: September 1, 2001.