77R12328 AJA-F By Bailey H.B. No. 1347 Substitute the following for H.B. No. 1347: By Thompson C.S.H.B. No. 1347 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the regulation of certain health benefit plans. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 3(n), Article 3.70-3C, Insurance Code, as 1-5 added by Chapter 1024, Acts of the 75th Legislature, Regular 1-6 Session, 1997, is amended to read as follows: 1-7 (n) A preferred provider contract between an insurer and a 1-8 podiatrist licensed by the Texas State Board of Podiatric Medical 1-9 Examiners must provide that: 1-10 (1) the podiatrist may request, and the insurer shall 1-11 provide not later than the 30th day after the date of the request, 1-12 a copy of the coding guidelines and payment schedules applicable to 1-13 the compensation that the podiatrist will receive under the 1-14 contract for services; 1-15 (2) the insurer may not unilaterally make material 1-16 retroactive revisions to the coding guidelines and payment 1-17 schedules; and 1-18 (3) the podiatrist may, practicing within the scope of 1-19 the law regulating podiatry, furnish x-rays, physical modalities, 1-20 durable medical equipment, and nonprefabricated orthotics covered 1-21 by the health insurance policy. 1-22 SECTION 2. Section 18A(j), Texas Health Maintenance 1-23 Organization Act (Chapter 20A, Vernon's Texas Insurance Code), as 1-24 added by Chapter 1026, Acts of the 75th Legislature, Regular 2-1 Session, 1997, is amended to read as follows: 2-2 (j) A contract between a health maintenance organization and 2-3 a podiatrist licensed by the Texas State Board of Podiatric Medical 2-4 Examiners must provide that: 2-5 (1) the podiatrist may request, and the insurer shall 2-6 provide not later than the 30th day after the date of the request, 2-7 a copy of the coding guidelines and payment schedules applicable to 2-8 the compensation that the podiatrist will receive under the 2-9 contract for services; 2-10 (2) the insurer may not unilaterally make material 2-11 retroactive revisions to the coding guidelines and payment 2-12 schedules; and 2-13 (3) the podiatrist may, practicing within the scope of 2-14 the law regulating podiatry, furnish x-rays, physical modalities, 2-15 durable medical equipment, and nonprefabricated orthotics covered 2-16 by the evidence of coverage. 2-17 SECTION 3. (a) The change in law made by Section 3(n), 2-18 Article 3.70-3C, Insurance Code, as added by Chapter 1024, Acts of 2-19 the 75th Legislature, Regular Session, 1997, and amended by this 2-20 Act, applies only to a preferred provider contract entered into on 2-21 or after the effective date of this Act. A preferred provider 2-22 contract entered into before the effective date of this Act is 2-23 governed by the law as it existed immediately before the effective 2-24 date of this Act, and that law is continued in effect for that 2-25 purpose. 2-26 (b) The change in law made by Section 18A(j), Texas Health 2-27 Maintenance Organization Act (Chapter 20A, Vernon's Texas Insurance 3-1 Code), as added by Chapter 1026, Acts of the 75th Legislature, 3-2 Regular Session, 1997, and amended by this Act, applies only to a 3-3 contract between a health maintenance organization and a podiatrist 3-4 entered into on or after the effective date of this Act. A 3-5 contract between a health maintenance organization and a podiatrist 3-6 entered into before the effective date of this Act is governed by 3-7 the law as it existed immediately before the effective date of this 3-8 Act, and that law is continued in effect for that purpose. 3-9 SECTION 4. This Act takes effect September 1, 2001.