77R13016 E                           
         By Junell                                              H.B. No. 803
         Substitute the following for H.B. No. 803:
         By Coleman                                         C.S.H.B. No. 803
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to reimbursement for services provided by registered nurse
 1-3     first assistants.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 1, Article 21.52, Insurance Code, as
 1-6     amended by Chapters 428 and 888, Acts of the 76th Legislature,
 1-7     Regular Session, 1999, is amended to read as follows:
 1-8           Sec. 1.  DEFINITIONS. As used in this article:
 1-9           (a)  "health insurance policy" means any individual, group,
1-10     blanket, or franchise insurance policy, insurance agreement, or
1-11     group hospital service contract, providing benefits for medical or
1-12     surgical expenses incurred as a result of an accident or sickness;
1-13           (b)  "doctor of podiatric medicine" includes D.P.M.,
1-14     podiatrist, doctor of surgical chiropody, D.S.C. and chiropodist;
1-15           (c)  "doctor of optometry" includes optometrist, doctor of
1-16     optometry, and O.D.;
1-17           (d)  "doctor of chiropractic" means a person who is licensed
1-18     by the Texas Board of Chiropractic Examiners to practice
1-19     chiropractic;
1-20           (e)  "licensed dentist" means a person who is licensed to
1-21     practice dentistry by the State Board of Dental Examiners;
1-22           (f)  "licensed audiologist" means a person who has received a
1-23     master's or doctorate degree in audiology from an accredited
1-24     college or university and is licensed as an audiologist by the
 2-1     State Board of Examiners for Speech-Language Pathology and
 2-2     Audiology;
 2-3           (g)  "licensed speech-language pathologist" means a person
 2-4     who has received a master's or doctorate degree in speech-language
 2-5     pathology from an accredited college or university and is licensed
 2-6     as a speech-language pathologist by the State Board of Examiners
 2-7     for Speech-Language Pathology and Audiology;
 2-8           (h)  "licensed master social worker--advanced clinical
 2-9     practitioner" means a person who is licensed by the Texas State
2-10     Board of Social Worker Examiners as a licensed master social worker
2-11     with the order of recognition of advanced clinical practitioner;
2-12           (i)  "licensed dietitian" means a person who is licensed by
2-13     the Texas State Board of Examiners of Dietitians;
2-14           (j)  "licensed professional counselor" means a person who is
2-15     licensed by the Texas State Board of Examiners of Professional
2-16     Counselors;
2-17           (k)  "psychologist" means a person licensed to practice
2-18     psychology by the Texas State Board of Examiners of Psychologists;
2-19           (l)  "licensed marriage and family therapist" means a person
2-20     who is licensed by the Texas State Board of Examiners of Marriage
2-21     and Family Therapists;
2-22           (m)  "licensed chemical dependency counselor" means a person
2-23     who is licensed by the Texas Commission on Alcohol and Drug Abuse;
2-24           (n)  "licensed hearing instrument fitter and dispenser" means
2-25     a person who is licensed by the State Committee of Examiners in the
2-26     Fitting and Dispensing of Hearing Instruments;
2-27           (o)  "licensed psychological associate" means a person who is
 3-1     licensed by the Texas State Board of Examiners of Psychologists and
 3-2     who practices under the supervision of a licensed psychologist;
 3-3           (p)  "occupational therapist" means a person who is licensed
 3-4     to practice occupational therapy by the Texas Board of Occupational
 3-5     Therapy Examiners;
 3-6           (q)  "physical therapist" means a person who practices
 3-7     physical therapy and is licensed by the Texas Board of Physical
 3-8     Therapy Examiners;
 3-9           (r)  "advanced practice nurse" means a person licensed by the
3-10     Board of Nurse Examiners and recognized by that board as an
3-11     advanced practice nurse; [and]
3-12           (s) [(r)]  "licensed acupuncturist" means a person licensed
3-13     to practice acupuncture by the Texas State Board of Medical
3-14     Examiners;[.]
3-15           (t) [(s)]  "physician assistant" means a person licensed by
3-16     the Texas State Board of Physician Assistant Examiners; and
3-17           (u)  "nurse first assistant" has the meaning assigned by
3-18     Section 301.1525, Occupations Code.
3-19           SECTION 2. Section 3(a), Article 21.52, Insurance Code, as
3-20     amended by Chapters 428 and 888, Acts of the 76th Legislature,
3-21     Regular Session, 1999, is amended to read as follows:
3-22           (a)  Any person who is issued, who is a party to, or who is a
3-23     beneficiary under any health insurance policy delivered, renewed,
3-24     or issued for delivery in this state by any insurance company,
3-25     association, or organization to which this article applies may
3-26     select:
3-27                 (1)  a licensed doctor of podiatric medicine, a
 4-1     licensed dentist, or a doctor of chiropractic to perform the
 4-2     medical or surgical services or procedures scheduled in the policy
 4-3     which fall within the scope of the license of that practitioner;
 4-4                 (2)  a licensed doctor of optometry to perform the
 4-5     services or procedures scheduled in the policy which fall within
 4-6     the scope of the license of that doctor of optometry;
 4-7                 (3)  an occupational therapist to provide the services
 4-8     scheduled in the policy which fall within the scope of the license
 4-9     of that occupational therapist;
4-10                 (4)  a physical therapist to provide the services
4-11     scheduled in the policy which fall within the scope of the license
4-12     of that physical therapist;
4-13                 (5)  a licensed audiologist to measure hearing for the
4-14     purpose of determining the presence or extent of a hearing loss and
4-15     to provide aural rehabilitation services to a person with a hearing
4-16     loss if those services or procedures are scheduled in the policy;
4-17                 (6)  a licensed speech-language pathologist to evaluate
4-18     speech and language and to provide habilitative and rehabilitative
4-19     services to restore speech or language loss or to correct a speech
4-20     or language impairment if those services or procedures are
4-21     scheduled in the policy;
4-22                 (7)  a licensed master social worker--advanced clinical
4-23     practitioner to provide the services that fall within the scope of
4-24     the license of such certified practitioner and which are specified
4-25     as services within the terms of the policy of insurance, including
4-26     the provision of direct, diagnostic, preventive, or clinical
4-27     services to individuals, families, and groups whose functioning is
 5-1     threatened or affected by social or psychological stress or health
 5-2     impairment, if those services or procedures are scheduled in the
 5-3     policy;
 5-4                 (8)  a licensed dietitian including a provisional
 5-5     licensed dietitian under a licensed dietitian's supervision to
 5-6     provide the services that fall within the scope of the license of
 5-7     that dietitian if those services are scheduled in the policy;
 5-8                 (9)  a licensed professional counselor to provide the
 5-9     services that fall within the scope of the license of that
5-10     professional if those services are scheduled in the policy;
5-11                 (10)  a licensed marriage and family therapist to
5-12     provide the services that fall within the scope of the license of
5-13     that professional if those services are scheduled in the policy;
5-14                 (11)  a psychologist to perform the services or
5-15     procedures scheduled in the policy that fall within the scope of
5-16     the license of that psychologist;
5-17                 (12)  a licensed chemical dependency counselor to
5-18     perform the services or procedures scheduled in the policy that
5-19     fall within the scope of the license of that practitioner;
5-20                 (13) [(12)]  a licensed acupuncturist to perform the
5-21     services or procedures scheduled in the policy that fall within the
5-22     scope of the license of that practitioner;
5-23                 (14) [(13)]  an advanced practice nurse to provide the
5-24     services scheduled in the policy that fall within the scope of the
5-25     license of that practitioner;
5-26                 (15) [(14)]  a physician assistant to provide the
5-27     services scheduled in the policy that fall within the scope of the
 6-1     license of that practitioner;
 6-2                 (16) [(15)]  a licensed hearing instrument fitter and
 6-3     dispenser to provide the services or procedures scheduled in the
 6-4     policy that fall within the scope of the license of that
 6-5     practitioner; [or]
 6-6                 (17) [(16)]  a licensed psychological associate to
 6-7     provide the services that fall within the scope of the license of
 6-8     that professional if those services are scheduled in the policy; or
 6-9                 (18)  a nurse first assistant to provide the services
6-10     scheduled in the policy that:
6-11                       (A)  fall within the scope of the license of that
6-12     practitioner; and
6-13                       (B)  are requested by the physician whom the
6-14     nurse is assisting.
6-15           SECTION 3.  Sections 3(c) and (d), Article 21.52, Insurance
6-16     Code, are amended to read as follows:
6-17           (c)  The payment or reimbursement by the insurance company,
6-18     association, or organization for services or procedures in
6-19     accordance with the payment schedule or the payment provisions in
6-20     the policy shall not be denied because the same were performed by a
6-21     licensed doctor of podiatric medicine, a licensed doctor of
6-22     optometry, a licensed doctor of chiropractic, a licensed dentist,
6-23     an occupational therapist, a physical therapist, a licensed
6-24     audiologist, a licensed speech-language pathologist, a licensed
6-25     master social worker--advanced clinical practitioner, a licensed
6-26     dietitian, a licensed professional counselor, a licensed marriage
6-27     and family therapist, a psychologist, a licensed psychological
 7-1     associate, a licensed chemical dependency counselor, an advanced
 7-2     practice nurse, a nurse first assistant, a physician assistant, a
 7-3     licensed acupuncturist, or a licensed hearing instrument fitter and
 7-4     dispenser.
 7-5           (d)  There shall not be any classification, differentiation,
 7-6     or other discrimination in the payment schedule or the payment
 7-7     provisions in a health insurance policy, nor in the amount or
 7-8     manner of payment or reimbursement thereunder, between scheduled
 7-9     services or procedures when performed by a doctor of podiatric
7-10     medicine, a doctor of optometry, a doctor of chiropractic, a
7-11     licensed dentist, an occupational therapist, a physical therapist,
7-12     a licensed audiologist, a licensed speech-language pathologist, a
7-13     licensed master social worker--advanced clinical practitioner, a
7-14     licensed dietitian, a licensed professional counselor, a licensed
7-15     marriage and family therapist, a psychologist, a licensed
7-16     psychological associate, a licensed chemical dependency counselor,
7-17     an advanced practice nurse to provide the services scheduled in the
7-18     policy, a nurse first assistant to provide the services scheduled
7-19     in the policy and requested by the physician whom the nurse is
7-20     assisting, a physician assistant to provide the services scheduled
7-21     in the policy, a licensed acupuncturist, or a licensed hearing
7-22     instrument fitter and dispenser which fall within the scope of that
7-23     practitioner's license or certification and the same services or
7-24     procedures when performed by any other practitioner of the healing
7-25     arts whose services or procedures are covered by the policy.
7-26     However, a health insurance policy may provide for a different
7-27     amount of payment or reimbursement for scheduled services or
 8-1     procedures when performed by an advanced practice nurse, a nurse
 8-2     first assistant, or physician assistant provided the reimbursement
 8-3     methodology used to calculate the payment for the service or
 8-4     procedure is the same methodology used to calculate the payment
 8-5     when the service or procedure is provided by a physician.
 8-6           SECTION 4. Section 32.027, Human Resources Code, is amended
 8-7     by adding Subsection (j) to read as follows:
 8-8           (j)  The department shall assure that a recipient of medical
 8-9     assistance under this chapter may select a nurse first assistant,
8-10     as defined by Section 301.1525, Occupations Code, to perform any
8-11     health care service or procedure covered under the medical
8-12     assistance program if:
8-13                 (1)  the selected nurse first assistant is authorized
8-14     by law to perform the service or procedure; and
8-15                 (2)  the physician requests that the service or
8-16     procedure be performed by the nurse first assistant.
8-17           SECTION 5. Subchapter D, Chapter 301, Occupations Code, is
8-18     amended by adding Section 301.1525 to read as follows:
8-19           Sec. 301.1525.  NURSE FIRST ASSISTANTS. (a)  In this section,
8-20     "nurse first assistant" means a registered nurse who:
8-21                 (1)  is certified in perioperative nursing by an
8-22     organization recognized by the board; and
8-23                 (2)  has completed a nurse first assistant educational
8-24     program approved by an organization recognized by the board.
8-25           (b)  The board may adopt rules governing nurse first
8-26     assistants.
8-27           (c)  A health maintenance organization or an insurer,
 9-1     including an insurer offering a preferred provider benefit plan,
 9-2     may not, by contract or any other method, require a physician to
 9-3     use the services of a nurse first assistant.
 9-4           SECTION 6. Section 1(9), Article 3.70-3C, Insurance Code, as
 9-5     added by Chapter 1024, Acts of the 75th Legislature, Regular
 9-6     Session, 1997, is amended to read as follows:
 9-7                 (9)  "Practitioner" means a person who practices a
 9-8     healing art and is[:]
 9-9                       [(A)]  a practitioner described by:
9-10                       (A)  Section 2(B), Chapter 397, Acts of the 54th
9-11     Legislature, 1955 (Article 3.70-2, Vernon's Texas Insurance
9-12     Code);[,] or
9-13                       (B)  Article 21.52 of this code[; or]
9-14                       [(B)  an occupational therapist, physical
9-15     therapist, or advanced practice nurse].
9-16           SECTION 7. Section 3, Article 3.70-3C, Insurance Code, as
9-17     added by Chapter 1024, Acts of the 75th Legislature, Regular
9-18     Session, 1997, is amended by adding Subsection (o) to read as
9-19     follows:
9-20           (o)  A preferred provider may not refuse to contract with a
9-21     nurse first assistant, as defined by Section 301.1525, Occupations
9-22     Code, to be included in the provider's network or refuse to
9-23     reimburse the nurse first assistant for a covered service that a
9-24     physician has requested the nurse first assistant to perform.
9-25           SECTION 8. Section 14, Texas Health Maintenance Organization
9-26     Act (Article 20A.14, Vernon's Texas Insurance Code), is amended by
9-27     adding Subsection (o) to read as follows:
 10-1          (o)  A health maintenance organization may not refuse to
 10-2    contract with a nurse first assistant, as defined by Section
 10-3    301.1525, Occupations Code, to be included in the organization's
 10-4    provider network or refuse to reimburse the nurse first assistant
 10-5    for a covered service that a physician has requested the nurse
 10-6    first assistant to perform.
 10-7          SECTION 9. Subchapter B, Chapter 408, Labor Code, is amended
 10-8    by adding Section 408.029 to read as follows:
 10-9          Sec. 408.029.  NURSE FIRST ASSISTANT SERVICES. An insurance
10-10    carrier may not refuse to reimburse a health care practitioner
10-11    solely because that practitioner is a nurse first assistant, as
10-12    defined by Section 301.1525, Occupations Code, for a covered
10-13    service that a physician providing health care services under this
10-14    subtitle has requested the nurse first assistant to perform.
10-15          SECTION 10. This Act takes effect September 1, 2001, and
10-16    applies only to a health insurance policy that is delivered, issued
10-17    for delivery, or renewed on or after January 1, 2002.  A health
10-18    insurance policy that is delivered, issued for delivery, or renewed
10-19    before January 1, 2002, is governed by the law as it existed
10-20    immediately before the effective date of this Act, and that law is
10-21    continued in effect for that purpose.