By Garcia                                              H.B. No. 951
         77R3070 PB-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to comprehensive diagnostic tests and other care required
 1-3     to be provided as part of a basic health care plan offered by a
 1-4     health maintenance organization.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. The Texas Health Maintenance Organization Act
 1-7     (Chapter 20A, Vernon's Texas Insurance Code) is amended by adding
 1-8     Section 9G to read as follows:
 1-9           Sec. 9G.  REQUIRED DIAGNOSTIC TESTS; CONSULTATION. (a)  A
1-10     health maintenance organization shall provide the following
1-11     diagnostic tests as part of the basic health care plan offered by
1-12     the health maintenance organization:
1-13                 (1)  for each enrollee 20 years of age and older,
1-14     annual tests to determine:
1-15                       (A)  blood hemoglobin, blood pressure, and blood
1-16     glucose levels; and
1-17                       (B)  blood cholesterol levels or low-density
1-18     lipoprotein (LDL) levels and blood high-density lipoprotein (HDL)
1-19     levels;
1-20                 (2)  for each enrollee 35 years of age or older, a
1-21     glaucoma test, performed every five years;
1-22                 (3)  for each enrollee 40 years of age or older, an
1-23     annual examination for the presence of blood in the stool;
1-24                 (4)  for each enrollee 45 years of age or older, a
 2-1     left-sided colon examination of 35 to 60 centimeters, performed
 2-2     every five years;
 2-3                 (5)  for each female enrollee 20 years of age or older,
 2-4     a pap smear, performed as frequently as recommended by the Texas
 2-5     Department of Health;
 2-6                 (6)  for each female enrollee 40 years of age or older,
 2-7     a mammogram examination, performed as frequently as recommended by
 2-8     the Texas Department of Health; and
 2-9                 (7)  for each adult enrollee, recommended
2-10     immunizations, performed as frequently as recommended by the Texas
2-11     Department of Health.
2-12           (b)  In addition to the diagnostic tests required under
2-13     Subsection (a)  of this section, each health maintenance
2-14     organization shall provide to each enrollee 20 years of age or
2-15     older an annual consultation with a physician or appropriate
2-16     provider to discuss lifestyle behaviors that promote health and
2-17     well-being. The consultation must include, as appropriate to the
2-18     enrollee, information regarding:
2-19                 (1)  control of smoking;
2-20                 (2)  recommendations regarding nutrition and diet;
2-21                 (3)  exercise plans;
2-22                 (4)  lower back protection;
2-23                 (5)  weight control;
2-24                 (6)  immunization practices;
2-25                 (7)  breast self-examination;
2-26                 (8)  testicular self-examination; and
2-27                 (9)  use of motor vehicle seat belts.
 3-1           (c)  Notwithstanding Subsection (a) of this section, if a
 3-2     physician or other provider determines that a different schedule of
 3-3     tests and services is medically appropriate for an enrollee, the
 3-4     health maintenance organization shall provide benefits for the
 3-5     tests or services actually provided.
 3-6           (d)  A health maintenance organization shall provide the
 3-7     diagnostic tests and consultation required under this section as
 3-8     part of the basic health care services offered by the health
 3-9     maintenance organization.  The health maintenance organization may
3-10     not assess an enrollee a copayment for access to the tests and
3-11     consultation beyond the basic copayment assessed for the office
3-12     visit at which the tests are performed or the consultation
3-13     provided.
3-14           (e)  Each health maintenance organization shall provide to
3-15     its enrollees a written notice regarding the diagnostic tests and
3-16     consultation required by this section.
3-17           (f)  This section does not apply to a limited health care
3-18     service plan or a single health care service plan.
3-19           (g)  The commissioner may adopt rules as necessary to
3-20     implement this section.
3-21           SECTION 2. Section 9G, Texas Health Maintenance Organization
3-22     Act (Chapter 20A, Vernon's Texas Insurance Code), as added by this
3-23     Act, applies only to an evidence of coverage delivered, issued for
3-24     delivery, or renewed on or after January 1, 2002.  An evidence of
3-25     coverage delivered, issued for delivery, or renewed before January
3-26     1, 2002, is governed by the law as it existed immediately before
3-27     the effective date of this Act, and that law is continued in effect
 4-1     for that purpose.
 4-2           SECTION 3. This Act takes effect September 1, 2001.