1-1                                   AN ACT
 1-2     relating to the regulation and prompt payment of health care
 1-3     providers under certain health benefit plans; providing penalties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF STATE OF TEXAS:
 1-5           SECTION 1. Section 1, Article 3.70-3C, Insurance Code, as
 1-6     added by Chapter 1024, Acts of the 75th Legislature, Regular
 1-7     Session, 1997, is amended by adding Subdivisions (14) and (15) to
 1-8     read as follows:
 1-9                 (14)  "Preauthorization" means a determination by the
1-10     insurer that the medical care or health care services proposed to
1-11     be provided to a patient are medically necessary and appropriate.
1-12                 (15)  "Verification" means a reliable representation by
1-13     an insurer to a physician or health care provider that the insurer
1-14     will pay the physician or provider for proposed medical care or
1-15     health care services if the physician or provider renders those
1-16     services to the patient for whom the services are proposed.  The
1-17     term includes precertification, certification, recertification, or
1-18     any other term that would be a reliable representation by an
1-19     insurer to a physician or provider.
1-20           SECTION 2. Section 3A, Article 3.70-3C, Insurance Code, as
1-21     added by Chapter 1024, Acts of the 75th Legislature, Regular
1-22     Session, 1997, is amended to read as follows:
1-23           Sec. 3A.  PROMPT PAYMENT OF PREFERRED PROVIDERS. (a)  In this
1-24     section, "clean claim" means a [completed] claim that complies with
 2-1     Section 3B of this article[, as determined under department rules,
 2-2     submitted by a preferred provider for medical care or health care
 2-3     services under a health insurance policy].
 2-4           (b)  A physician or [preferred] provider must submit a claim
 2-5     to an insurer not later than the 95th day after the date the
 2-6     physician or provider provides the medical care or health care
 2-7     services for which the claim is made.  An insurer shall accept as
 2-8     proof of timely filing a claim filed in compliance with Subsection
 2-9     (c) of this section or information from another insurer showing
2-10     that the physician or provider submitted the claim to the insurer
2-11     in compliance with Subsection (c) of this section.  If a physician
2-12     or provider fails to submit a claim in compliance with this
2-13     subsection, the physician or provider forfeits the right to payment
2-14     unless the failure to submit the claim in compliance with this
2-15     subsection is a result of a catastrophic event that substantially
2-16     interferes with the normal business operations of the physician or
2-17     provider. The period for submitting a claim under this subsection
2-18     may be extended by contract.  A physician or provider may not
2-19     submit a duplicate claim for payment before the 46th day after the
2-20     date the original claim was submitted.  The commissioner shall
2-21     adopt rules under which an insurer may determine whether a claim is
2-22     a duplicate claim [for medical care or health care services under a
2-23     health insurance policy may obtain acknowledgment of receipt of a
2-24     claim for medical care or health care services under a health care
2-25     plan by submitting the claim by United States mail, return receipt
2-26     requested.  An insurer or the contracted clearinghouse of an
2-27     insurer that receives a claim electronically shall acknowledge
 3-1     receipt of the claim by an electronic transmission to the preferred
 3-2     provider and is not required to acknowledge receipt of the claim by
 3-3     the insurer in writing].
 3-4           (c)  A physician or provider shall, as appropriate:
 3-5                 (1)  mail a claim by United States mail, first class,
 3-6     or by overnight delivery service, and maintain a log of mailed
 3-7     claims and include a copy of the log with the relevant mailed
 3-8     claim, and fax a copy of the log to the insurer and maintain a copy
 3-9     of the fax verification;
3-10                 (2)  submit the claim electronically and maintain a log
3-11     of electronically submitted claims;
3-12                 (3)  fax the claim and maintain a log of all faxed
3-13     claims; or
3-14                 (4)  hand deliver the claim and maintain a log of all
3-15     hand-delivered claims.
3-16           (d)  If a claim for medical care or health care services
3-17     provided to a patient is mailed, the claim is presumed to have been
3-18     received by the insurer on the third day after the date the claim
3-19     is mailed or, if the claim is mailed using overnight service or
3-20     return receipt requested, on the date the delivery receipt is
3-21     signed.  If the claim is submitted electronically, the claim is
3-22     presumed to have been received on the date of the electronic
3-23     verification of receipt by the insurer or the insurer's
3-24     clearinghouse.  If the insurer or the insurer's clearinghouse does
3-25     not provide a confirmation within 24 hours of submission by the
3-26     physician or provider, the physician's or provider's clearinghouse
3-27     shall provide the confirmation.  The physician's or provider's
 4-1     clearinghouse must be able to verify that the filing contained the
 4-2     correct payor identification of the entity to receive the filing.
 4-3     If the claim is faxed, the claim is presumed to have been received
 4-4     on the date of the transmission acknowledgment.  If the claim is
 4-5     hand delivered, the claim is presumed to have been received on the
 4-6     date the delivery receipt is signed.  The commissioner shall
 4-7     promulgate a form to be submitted by the physician or provider that
 4-8     easily identifies all claims included in each filing and that can
 4-9     be used by a physician or provider as the physician's or provider's
4-10     log.
4-11           (e)  Not later than the 45th day after the date that the
4-12     insurer receives a clean claim from a preferred provider, the
4-13     insurer shall make a determination of whether the claim is eligible
4-14     for payment and:
4-15                 (1)  if the insurer determines the entire claim is
4-16     eligible for payment, pay the total amount of the claim in
4-17     accordance with the contract between the preferred provider and the
4-18     insurer;
4-19                 (2)  if the insurer determines a portion of the claim
4-20     is eligible for payment, pay the portion of the claim that is not
4-21     in dispute and notify the preferred provider in writing why the
4-22     remaining portion of the claim will not be paid; or
4-23                 (3)  if the insurer determines that the claim is not
4-24     eligible for payment, notify the preferred provider in writing why
4-25     the claim will not be paid.
4-26           (f)  Not later than the 21st day after the date an insurer
4-27     affirmatively adjudicates a pharmacy claim that is electronically
 5-1     submitted, the insurer shall:
 5-2                 (1)  pay the total amount of the claim; or
 5-3                 (2)  notify the pharmacy provider of the reasons for
 5-4     denying payment of the claim.
 5-5           (g)  An insurer that determines under Subsection (e) of this
 5-6     section that a claim is eligible for payment and does not pay the
 5-7     claim on or before the 45th day after the date the insurer receives
 5-8     a clean claim shall pay the physician or provider making the claim
 5-9     the lesser of the full amount of billed charges submitted on the
5-10     claim and interest on the billed charges at a rate of 15 percent
5-11     annually or two times the contracted rate and interest on that
5-12     amount at a rate of 15 percent annually.  If the provider submits
5-13     the claim using a form described by Section 3B(a) of this article,
5-14     billed charges shall be established under a fee schedule provided
5-15     by the preferred provider to the insurer on or before the 30th day
5-16     after the date the physician or provider enters into a preferred
5-17     provider contract with the insurer.  The preferred provider may
5-18     modify the fee schedule if the provider notifies the insurer of the
5-19     modification on or before the 90th day before the date the
5-20     modification takes effect.
5-21           (h)  The investigation and determination of eligibility for
5-22     payment, including any coordination of other payments, does not
5-23     extend the period for determining whether a claim is eligible for
5-24     payment under Subsection (e) of this section [(d) If a prescription
5-25     benefit claim is electronically adjudicated and electronically
5-26     paid, and the preferred provider or its designated agent authorizes
5-27     treatment, the claim must be paid not later than the 21st day after
 6-1     the treatment is authorized].
 6-2           (i)  Except as provided by Subsection (j) of this section, if
 6-3     [(e)  If] the insurer [acknowledges coverage of an insured under
 6-4     the health insurance policy but] intends to audit the preferred
 6-5     provider claim, the insurer shall pay the charges submitted at 85
 6-6     percent of the contracted rate on the claim not later than the 45th
 6-7     day after the date that the insurer receives the claim from the
 6-8     preferred provider.  The insurer must complete [Following
 6-9     completion of] the audit, and any additional payment due a
6-10     preferred provider or any refund due the insurer shall be made not
6-11     later than the 90th [30th] day after the receipt of a claim or 45
6-12     days after receipt of a requested attachment from the preferred
6-13     provider, whichever is later [of the date that:]
6-14                 [(1)  the preferred provider receives notice of the
6-15     audit results; or]
6-16                 [(2)  any appeal rights of the insured are exhausted].
6-17           (j)  If an insurer needs additional information from a
6-18     treating preferred provider to determine eligibility for payment,
6-19     the insurer, not later than the 30th calendar day after the date
6-20     the insurer receives a clean claim, shall request in writing that
6-21     the preferred provider provide any attachment to the claim the
6-22     insurer desires in good faith for clarification of the claim.  The
6-23     request must describe with specificity the clinical information
6-24     requested and relate only to information the insurer can
6-25     demonstrate is specific to the claim or the claim's related episode
6-26     of care.  An insurer that requests an attachment under this
6-27     subsection shall determine whether the claim is eligible for
 7-1     payment on or before the later of the 15th day after the date the
 7-2     insurer receives the requested attachment or the latest date for
 7-3     determining whether the claim is eligible for payment under
 7-4     Subsection (e) of this section.  An insurer may not make more than
 7-5     one request under this subsection in connection with a claim.
 7-6     Subsections (c) and (d) of this section apply to a request for and
 7-7     submission of an attachment under this subsection.
 7-8           (k)  If an insurer requests an attachment or other
 7-9     information from a person other than the preferred provider who
7-10     submitted the claim, the insurer shall provide a copy of the
7-11     request to the preferred provider who submitted the claim. The
7-12     insurer may not withhold payment pending receipt of an attachment
7-13     or information requested under this subsection.  If on receiving an
7-14     attachment or information requested under this subsection the
7-15     insurer determines an error in payment of the claim, the insurer
7-16     may recover under Section 3C of this article.
7-17           (l)  The commissioner shall adopt rules under which an
7-18     insurer can easily identify attachments or information submitted by
7-19     a physician or provider under Subsection (j) or (k) of this
7-20     section.
7-21           (m)  The insurer's claims payment processes shall:
7-22                 (1)  use nationally recognized, generally accepted
7-23     Current Procedural Terminology codes, notes, and guidelines
7-24     including all relevant modifiers; and
7-25                 (2)  be consistent with nationally recognized,
7-26     generally accepted bundling logic and edits [(f)  An insurer that
7-27     violates Subsection (c) or (e) of this section is liable to a
 8-1     preferred provider for the full amount of billed charges submitted
 8-2     on the claim or the amount payable under the contracted penalty
 8-3     rate, less any amount previously paid or any charge for a service
 8-4     that is not covered by the health insurance policy].
 8-5           (n) [(g)]  A preferred provider may recover reasonable
 8-6     attorney's fees and court costs in an action to recover payment
 8-7     under this section.
 8-8           (o) [(h)]  In addition to any other penalty or remedy
 8-9     authorized by this code or another insurance law of this state, an
8-10     insurer that violates Subsection (e) [(c)] or (i) [(e)] of this
8-11     section is subject to an administrative penalty under Article 1.10E
8-12     of this code.  The administrative penalty imposed under that
8-13     article may not exceed $1,000 for each day the claim remains unpaid
8-14     in violation of Subsection (e) [(c)] or (i) [(e)] of this section.
8-15           (p) [(i)]  The insurer shall provide a preferred provider
8-16     with copies of all applicable utilization review policies and claim
8-17     processing policies or procedures[, including required data
8-18     elements and claim formats].
8-19           (q)  [(j)  An insurer may, by contract with a preferred
8-20     provider, add or change the data elements that must be submitted
8-21     with the preferred provider claim.]
8-22           [(k)  Not later than the 60th day before the date of an
8-23     addition or change in the data elements that must be submitted with
8-24     a claim or any other change in an insurer's claim processing and
8-25     payment procedures, the insurer shall provide written notice of the
8-26     addition or change to each preferred provider.]
8-27           [(l)  This section does not apply to a claim made by a
 9-1     preferred provider who is a member of the legislature.]
 9-2           [(m)]  This section applies to a person with whom an insurer
 9-3     contracts to process claims or to obtain the services of preferred
 9-4     providers to provide medical care or health care to insureds under
 9-5     a health insurance policy.
 9-6           (r) [(n)]  The commissioner of insurance may adopt rules as
 9-7     necessary to implement this section.
 9-8           (s)  Except as provided by Subsection (b) of this section,
 9-9     the provisions of this section may not be waived, voided, or
9-10     nullified by contract.
9-11           SECTION 3.  Article 3.70-3C, Insurance Code, as added by
9-12     Chapter 1024, Acts of the 75th Legislature, Regular Session, 1997,
9-13     is amended by adding Sections 3B-3I, 10, 11, and 12 to read as
9-14     follows:
9-15           Sec. 3B.  ELEMENTS OF CLEAN CLAIM. (a)  A claim by a
9-16     physician or provider, other than an institutional provider, is a
9-17     "clean claim" if the claim is submitted using Health Care Financing
9-18     Administration Form 1500 or a successor to that form developed by
9-19     the National Uniform Billing Committee or its successor and adopted
9-20     by the commissioner by rule for the purposes of this subsection
9-21     that is submitted to an insurer for payment and that contains the
9-22     information required by the commissioner by rule for the purposes
9-23     of this subsection entered into the appropriate fields on the form
9-24     in the manner prescribed.
9-25           (b)  A claim by an institutional provider is a "clean claim"
9-26     if the claim is submitted using Health Care Financing
9-27     Administration Form UB-92 or a successor to that form developed by
 10-1    the National Uniform Billing Committee or its successor and adopted
 10-2    by the commissioner by rule for the purposes of this subsection
 10-3    that is submitted to an insurer for payment and that contains the
 10-4    information required by the commissioner by rule for the purposes
 10-5    of this subsection entered into the appropriate fields on the form.
 10-6          (c)  An insurer may require any data element that is required
 10-7    in an electronic transaction set needed to comply with federal law.
 10-8    An insurer may not require a physician or provider to provide
 10-9    information other than information for a data field included on the
10-10    form used for a clean claim under Subsection (a) or (b) of this
10-11    section, as applicable.
10-12          (d)  A claim submitted by a physician or provider that
10-13    includes additional fields, data elements, attachments, or other
10-14    information not required under this section is considered to be a
10-15    clean claim for the purposes of this article.
10-16          (e)  Except as provided by this section, the provisions of
10-17    this section may not be waived, voided, or nullified by contract.
10-18          Sec. 3C.  OVERPAYMENT. An insurer may recover an overpayment
10-19    to a physician or provider if:
10-20                (1)  not later than the 180th day after the date the
10-21    physician or provider receives the payment, the insurer provides
10-22    written notice of the overpayment to the physician or provider that
10-23    includes the basis and specific reasons for the request for
10-24    recovery of funds; and
10-25                (2)  the physician or provider does not make
10-26    arrangements for repayment of the requested funds on or before the
10-27    45th day after the date the physician or provider receives the
 11-1    notice.
 11-2          Sec. 3D.  VERIFICATION OF ELIGIBILITY FOR PAYMENT. (a)  On
 11-3    the request of a preferred provider for verification of the
 11-4    eligibility for payment of a particular medical care or health care
 11-5    service the preferred provider proposes to provide to a particular
 11-6    patient, the insurer shall inform the preferred provider whether
 11-7    the service, if provided to that patient, is eligible for payment
 11-8    from the insurer to the preferred provider.
 11-9          (b)  An insurer shall provide verification under this section
11-10    between 6 a.m. and 6 p.m. central standard time Monday through
11-11    Friday on each day that is not a legal holiday and between 9 a.m.
11-12    and 12 p.m. on Saturday, Sunday, and legal holidays.
11-13          (c)  Verification under this section shall be made in good
11-14    faith and without delay.
11-15          (d)  In this section, "verification" includes
11-16    preauthorization only when preauthorization is a condition for the
11-17    determination of eligibility for payment.
11-18          (e)  An insurer that declines to provide a verification of
11-19    eligibility for payment shall notify the physician or provider who
11-20    requested the verification of the specific reason the verification
11-21    was not provided.
11-22          (f)  An insurer may establish a time certain for the validity
11-23    of verification.
11-24          (g)  If an insurer has verified medical care or health care
11-25    services, the insurer may not deny or reduce payment to a physician
11-26    or health care provider for those services unless:
11-27                (1)  the physician or provider has materially
 12-1    misrepresented the proposed medical or health care services or has
 12-2    substantially failed to perform the proposed medical or health care
 12-3    services; or
 12-4                (2)  the insurer certifies in writing:
 12-5                      (A)  that the physician or provider is not
 12-6    contractually obligated to provide the services to the patient
 12-7    because the patient's enrollment in the health plan was terminated;
 12-8                      (B)  the insurer was notified on or before the
 12-9    30th day after the date the patient's enrollment ended; and
12-10                      (C)  the physician or provider was notified that
12-11    the patient's enrollment ended on or before the 30th day after the
12-12    date of verification under this section.
12-13          (h)  The provisions of this section may not be waived,
12-14    voided, or nullified by contract.
12-15          Sec. 3E.  COORDINATION OF PAYMENT. (a)  An insurer may
12-16    require a physician or provider to retain in the physician's or
12-17    provider's records updated information concerning other health
12-18    benefit plan coverage and to provide the information to the
12-19    insurer on the applicable form described by Section 3B of this
12-20    article.  Except as provided in this subsection, an insurer may not
12-21    require a physician or provider to investigate coordination of
12-22    other health benefit plan coverage.
12-23          (b)  Coordination of payment under this section does not
12-24    extend the period for determining whether a service is eligible for
12-25    payment under Section 3A(e) of this article.
12-26          (c)  A physician or provider who submits a claim for
12-27    particular medical care or health care services to more than one
 13-1    health maintenance organization or insurer shall  provide written
 13-2    notice on the claim submitted to each health maintenance
 13-3    organization or insurer of the identity of each other health
 13-4    maintenance organization or insurer with which the same claim is
 13-5    being filed.
 13-6          (d)  On receipt of notice under Subsection (c) of this
 13-7    section, an insurer shall coordinate and determine the appropriate
 13-8    payment for each health maintenance organization or insurer to make
 13-9    to the physician or provider.
13-10          (e)  If an insurer is a secondary payor and pays a portion of
13-11    a claim that should have been paid by the insurer or health
13-12    maintenance organization that is the primary payor, the overpayment
13-13    may only be recovered from the health maintenance organization or
13-14    insurer that is primarily responsible for that amount.
13-15          (f)  If the portion of the claim overpaid by the secondary
13-16    insurer was also paid by the primary health maintenance
13-17    organization or insurer, the secondary insurer may recover the
13-18    amount of overpayment under Section 3C of this article from the
13-19    physician or provider who received the payment.
13-20          (g)  An insurer may share information with another health
13-21    maintenance organization or insurer to the extent necessary to
13-22    coordinate appropriate payment obligations on a specific claim.
13-23          (h)  The provisions of this section may not be waived,
13-24    voided, or nullified by contract.
13-25          Sec. 3F.  PREAUTHORIZATION OF MEDICAL AND HEALTH CARE
13-26    SERVICES. (a)  An insurer that uses a preauthorization process for
13-27    medical care and health care services shall provide to each
 14-1    preferred provider, not later than the 10th working day after the
 14-2    date a request is made, a list of medical care and health care
 14-3    services that require preauthorization and information concerning
 14-4    the preauthorization process.
 14-5          (b)  If proposed medical care or health care services require
 14-6    preauthorization as a condition of the insurer's payment to a
 14-7    preferred provider under a health insurance policy, the insurer
 14-8    shall determine whether the medical care or health care services
 14-9    proposed to be provided to the insured are medically necessary and
14-10    appropriate.
14-11          (c)  On receipt of a request from a preferred provider for
14-12    preauthorization, the insurer shall review and issue a
14-13    determination indicating whether the proposed services are
14-14    preauthorized.  The determination must be mailed or otherwise
14-15    transmitted not later than the third calendar day after the date
14-16    the request is received by the insurer.
14-17          (d)  If the proposed medical care or health care services
14-18    involve inpatient care and the insurer requires preauthorization as
14-19    a condition of payment, the insurer shall review and issue a length
14-20    of stay for the admission into a health care facility based on the
14-21    recommendation of the patient's physician or health care provider
14-22    and the insurer's written medically accepted screening criteria and
14-23    review procedures.  If the proposed medical or health care services
14-24    are to be provided to a patient who is an inpatient in a health
14-25    care facility at the time the services are proposed, the insurer
14-26    shall review and issue a determination indicating whether proposed
14-27    services are preauthorized within one calendar day of the request
 15-1    by the physician or health care provider.
 15-2          (e)  If an insurer has preauthorized medical care or health
 15-3    care services, the insurer may not deny or reduce payment to the
 15-4    physician or provider for those services based on medical necessity
 15-5    or appropriateness of care unless the physician or provider has
 15-6    materially misrepresented the proposed medical or health care
 15-7    services or has substantially failed to perform the proposed
 15-8    medical or health care services.
 15-9          (f)  This section applies to an agent or other person with
15-10    whom an insurer contracts to perform, or to whom the insurer
15-11    delegates the performance of, preauthorization of proposed medical
15-12    or health care services.
15-13          (g)  The provisions of this section may not be waived,
15-14    voided, or nullified by contract.
15-15          Sec. 3G.  AVAILABILITY OF CODING GUIDELINES. (a)  A preferred
15-16    provider contract between an insurer and a physician or provider
15-17    must provide that:
15-18                (1)  the physician or provider may request a
15-19    description of the coding guidelines, including any underlying
15-20    bundling, recoding, or other payment process and fee schedules
15-21    applicable to specific procedures that the physician or provider
15-22    will receive under the contract;
15-23                (2)  the insurer or the insurer's agent will provide
15-24    the coding guidelines and fee schedules not later than the 30th day
15-25    after the date the insurer receives the request;
15-26                (3)  the insurer will provide notice of material
15-27    changes to the coding guidelines and fee schedules not later than
 16-1    the 90th day before the date the changes take effect and will not
 16-2    make retroactive revisions to the coding guidelines and fee
 16-3    schedules; and
 16-4                (4)  the contract may be terminated by the physician or
 16-5    provider on or before the 30th day after the date the physician or
 16-6    provider receives information requested under this subsection
 16-7    without penalty or discrimination in participation in other health
 16-8    care products or plans.
 16-9          (b)  A physician or provider who receives information under
16-10    Subsection (a) of this section may use or disclose the information
16-11    only for the purpose of practice management, billing activities, or
16-12    other business operations.
16-13          (c)  Nothing in this section shall be interpreted to require
16-14    an insurer to violate copyright or other law by disclosing
16-15    proprietary software that the insurer has licensed.  In addition to
16-16    the above, the insurer shall, on request of a physician or
16-17    provider, provide the name, edition, and model version of the
16-18    software that the insurer uses to determine bundling and unbundling
16-19    of claims.
16-20          (d)  The provisions of this section may not be waived,
16-21    voided, or nullified by contract.
16-22          Sec. 3H.  DISPUTE RESOLUTION. (a)  An insurer may not require
16-23    by contract or otherwise the use of a dispute resolution procedure
16-24    or binding arbitration with a physician or health care provider.
16-25    This subsection does not prohibit an insurer from offering a
16-26    dispute resolution procedure or binding arbitration to resolve a
16-27    dispute if the insurer and the physician or provider consent to the
 17-1    process after the dispute arises.  This subsection may not be
 17-2    construed to conflict with any applicable appeal mechanisms
 17-3    required by law.
 17-4          (b)  The provisions of this section may not be waived,
 17-5    voided, or nullified by contract.
 17-6          Sec. 3I.  AUTHORITY OF ATTORNEY GENERAL. (a)  In addition to
 17-7    any other remedy available for a violation of this article, the
 17-8    attorney general may take action and seek remedies available under
 17-9    Section 15, Article 21.21 of this code, and Sections 17.58, 17.60,
17-10    17.61, and 17.62, Business & Commerce Code, for a violation of
17-11    Section 3A or 7 of this article.
17-12          (b)  If the attorney general has good cause to believe that a
17-13    physician or provider has failed in good faith to repay an insurer
17-14    under Section 3C of this article, the attorney general may:
17-15                (1)  bring an action to compel the physician or
17-16    provider to repay the insurer;
17-17                (2)  on the finding of a court that the physician or
17-18    provider has violated Section 3C, impose a civil penalty of not
17-19    more than the greater of $1,000 or two times the amount in dispute
17-20    for each violation; and
17-21                (3)  recover court costs and attorney's fees.
17-22          (c)  If the attorney general has good cause to believe that a
17-23    physician or provider is or has improperly used or disclosed
17-24    information received by the physician or provider under Section 3G
17-25    of this article, the attorney general may:
17-26                (1)  bring an action seeking an injunction against the
17-27    physician or provider to restrain the improper use or disclosure of
 18-1    information;
 18-2                (2)  on the finding of a court that the physician or
 18-3    provider has violated Section 3G, impose a civil penalty of not
 18-4    more than $1,000 for each negligent violation or $10,000 for each
 18-5    intentional violation; and
 18-6                (3)  recover court costs and attorney's fees.
 18-7          Sec. 10.  SERVICES PROVIDED BY CERTAIN PHYSICIANS AND HEALTH
 18-8    CARE PROVIDERS. The provisions of this article relating to prompt
 18-9    payment by an insurer of a physician or health care provider and to
18-10    verification of medical care or health care services apply to a
18-11    physician or health care provider who:
18-12                (1)  is not a preferred provider under a preferred
18-13    provider benefit plan; and
18-14                (2)  provides to an insured:
18-15                      (A)  care related to an emergency or its
18-16    attendant episode of care as required by state or federal law; or
18-17                      (B)  specialty or other medical care or health
18-18    care services at the request of the insurer or a preferred provider
18-19    because the services are not reasonably available from a preferred
18-20    provider who is included in the preferred delivery network.
18-21          Sec. 11.  CONFLICT WITH OTHER LAW. To the extent of any
18-22    conflict between this article and Article 21.52C of this code, this
18-23    article controls.
18-24          Sec. 12.  APPLICATION OF CERTAIN PROVISIONS UNDER MEDICAID. A
18-25    provision of this article may not be interpreted as requiring an
18-26    insurer, physician, or health care provider, in providing benefits
18-27    or services under the state Medicaid program, to:
 19-1                (1)  use billing forms or codes that are inconsistent
 19-2    with those required under the state Medicaid program; or
 19-3                (2)  make determinations relating to medical necessity
 19-4    or appropriateness or eligibility for coverage in a manner
 19-5    different than that required under the state Medicaid program.
 19-6          SECTION 4. Section 2, Texas Health Maintenance Organization
 19-7    Act (Article 20A.02, Vernon's Texas Insurance Code), is amended by
 19-8    adding Subdivisions (ff) and (gg) to read as follows:
 19-9                (ff)  "Preauthorization" means a determination by the
19-10    health maintenance organization that the medical care or health
19-11    care services proposed to be provided to a patient are medically
19-12    necessary and appropriate.
19-13                (gg)  "Verification" means a reliable representation by
19-14    a health maintenance organization to a physician or provider that
19-15    the health maintenance organization will pay the physician or
19-16    provider for proposed medical care or health care services if the
19-17    physician or provider renders those services to the patient for
19-18    whom the services are proposed.  The term includes
19-19    precertification, certification, recertification, or any other term
19-20    that would be a reliable representation by a health maintenance
19-21    organization to a physician or provider.
19-22          SECTION 5.  Section 18B, Texas Health Maintenance
19-23    Organization Act (Section 20A.18B, Vernon's Texas Insurance Code),
19-24    is amended to read as follows:
19-25          Sec. 18B.  PROMPT PAYMENT OF PHYSICIAN AND PROVIDERS. (a)  In
19-26    this section, "clean claim" means a [completed] claim that complies
19-27    with Section 18D of this Act[, as determined under Texas Department
 20-1    of Insurance rules, submitted by a physician or provider for
 20-2    medical care or health care services under a health care plan].
 20-3          (b)  A physician or provider must submit a claim under this
 20-4    section to a health maintenance organization not later than the
 20-5    95th day after the date the physician or provider provides the
 20-6    medical care or health care services for which the claim is made.
 20-7    A health maintenance organization shall accept as proof of timely
 20-8    filing a claim filed in compliance with Subsection (c) of this
 20-9    section or information from another health maintenance organization
20-10    showing that the physician or provider submitted the claim to the
20-11    health maintenance organization in compliance with Subsection (c)
20-12    of this section.  If a physician or provider fails to submit a
20-13    claim in compliance with this subsection, the physician or provider
20-14    forfeits the right to payment unless the failure to submit the
20-15    claim in compliance with this subsection is a result of a
20-16    catastrophic event that substantially interferes with the normal
20-17    business operations of the physician or provider.  The period for
20-18    submitting a claim under this subsection may be extended by
20-19    contract.  A physician or provider may not submit a duplicate claim
20-20    for payment before the 46th day after the date the original claim
20-21    was submitted.  The commissioner shall adopt rules under which a
20-22    health maintenance organization may determine whether a claim is a
20-23    duplicate claim. [A physician or provider for medical care or
20-24    health care services under a health care plan may obtain
20-25    acknowledgment of receipt of a claim for medical care or health
20-26    care services under a health care plan by submitting the claim by
20-27    United States mail, return receipt requested.  A health maintenance
 21-1    organization or the contracted clearinghouse of the health
 21-2    maintenance organization that receives a claim electronically shall
 21-3    acknowledge receipt of the claim by an electronic transmission to
 21-4    the physician or provider and is not required to acknowledge
 21-5    receipt of the claim by the health maintenance organization in
 21-6    writing.]
 21-7          (c)  A physician or provider shall, as appropriate:
 21-8                (1)  mail a claim by United States mail, first class,
 21-9    or by overnight delivery service, and maintain a log of mailed
21-10    claims and include a copy of the log with the relevant mailed
21-11    claim, and fax a copy of the log to the health maintenance
21-12    organization and maintain a copy of the fax verification;
21-13                (2)  submit the claim electronically and maintain a log
21-14    of electronically submitted claims;
21-15                (3)  fax the claim and maintain a log of all faxed
21-16    claims; or
21-17                (4)  hand deliver the claim and maintain a log of all
21-18    hand-delivered claims.
21-19          (d)  If a claim for medical care or health care services
21-20    provided to a patient is mailed, the claim is presumed to have been
21-21    received by the health maintenance organization on the third day
21-22    after the date the claim is mailed or, if the claim is mailed using
21-23    overnight service or return receipt requested, on the date the
21-24    delivery receipt is signed.  If the claim is submitted
21-25    electronically, the claim is presumed to have been received on the
21-26    date of the electronic verification of receipt by the health
21-27    maintenance organization or the health maintenance organization's
 22-1    clearinghouse.  If the health maintenance organization or the
 22-2    health maintenance organization's clearinghouse does not provide a
 22-3    confirmation within 24 hours of submission by the physician or
 22-4    provider, the physician's or provider's clearinghouse shall provide
 22-5    the confirmation.  The physician's or provider's clearinghouse must
 22-6    be able to verify that the filing contained the correct payor
 22-7    identification of the entity to receive the filing.  If the claim
 22-8    is faxed, the claim is presumed to have been received on the date
 22-9    of the transmission acknowledgment.  If the claim is hand
22-10    delivered, the claim is presumed to have been received on the date
22-11    the delivery receipt is signed.  The commissioner shall promulgate
22-12    a form to be submitted by the physician or provider which easily
22-13    identifies all claims included in each filing which can be utilized
22-14    by the physician or provider as their log.
22-15          (e)  Not later than the 45th day after the date that the
22-16    health maintenance organization receives a clean claim from a
22-17    physician or provider, the health maintenance organization shall
22-18    make a determination of whether the claim is eligible for payment
22-19    and:
22-20                (1)  if the health maintenance organization determines
22-21    the entire claim is eligible for payment, pay the total amount of
22-22    the claim in accordance with the contract between the physician or
22-23    provider and the health maintenance organization;
22-24                (2)  if the health maintenance organization determines
22-25    a portion of the claim is eligible for payment, pay the portion of
22-26    the claim that is not in dispute and notify the physician or
22-27    provider in writing why the remaining portion of the claim will not
 23-1    be paid; or
 23-2                (3)  if the health maintenance organization determines
 23-3    that the claim is not eligible for payment, notify the physician or
 23-4    provider in writing why the claim will not be paid.
 23-5          (f)  Not later than the 21st day after the date a health
 23-6    maintenance organization or the health maintenance organization's
 23-7    designated agent affirmatively adjudicates a pharmacy claim that is
 23-8    electronically submitted, the health maintenance organization
 23-9    shall:
23-10                (1)  pay the total amount of the claim; or
23-11                (2)  notify the pharmacy provider of the reasons for
23-12    denying payment of the claim.
23-13          (g)  A health maintenance organization that determines under
23-14    Subsection (e) of this section that a claim is eligible for payment
23-15    and does not pay the claim on or before the 45th day after the date
23-16    the health maintenance organization receives a clean claim shall
23-17    pay the physician or provider making the claim the lesser of the
23-18    full amount of billed charges submitted on the claim and interest
23-19    on the billed charges at a rate of 15 percent annually or two times
23-20    the contracted rate and interest on that amount at a rate of 15
23-21    percent annually.  If the physician or provider submits the claim
23-22    using a form described by Section 18D(a) of this Act, billed
23-23    charges shall be established under a fee schedule provided by the
23-24    physician or provider to the health maintenance organization on or
23-25    before the 30th day after the date the physician or provider enters
23-26    into the contract with the health maintenance organization.  The
23-27    physician or provider may modify the fee schedule if the physician
 24-1    or provider notifies the health maintenance organization of the
 24-2    modification on or before the 90th day before the date the
 24-3    modification takes effect.
 24-4          (h)  The investigation and determination of eligibility for
 24-5    payment, including any coordination of other payments, does not
 24-6    extend the period for determining whether a claim is eligible for
 24-7    payment under Subsection (e) of this section [(d)  If a
 24-8    prescription benefit claim is electronically adjudicated and
 24-9    electronically paid, and the health maintenance organization or its
24-10    designated agent authorizes treatment, the claim must be paid not
24-11    later than the 21st day after the treatment is authorized].
24-12          (i)  Except as provided by Subsection (j) of this section, if
24-13    [(e)  If] the health maintenance organization [acknowledges
24-14    coverage of an enrollee under the health care plan but] intends to
24-15    audit the physician or provider claim, the health maintenance
24-16    organization shall pay the charges submitted at 85 percent of the
24-17    contracted rate on the claim not later than the 45th day after the
24-18    date that the health maintenance organization receives the claim
24-19    from the physician or provider.  The health maintenance
24-20    organization shall complete [Following completion of] the audit,
24-21    and any additional payment due a physician or provider or any
24-22    refund due the health maintenance organization shall be made not
24-23    later than the 90th [30th] day after the receipt of a claim or 45
24-24    days after receipt of a requested attachment from the physician or
24-25    provider, whichever is later [later of the date that:]
24-26                [(1)  the physician or provider receives notice of the
24-27    audit results; or]
 25-1                [(2)  any appeal rights of the enrollee are exhausted].
 25-2          (j)  If a health maintenance organization needs additional
 25-3    information from a treating physician or provider to determine
 25-4    eligibility for payment, the health maintenance organization, not
 25-5    later than the 30th calendar day after the date the health
 25-6    maintenance organization receives a clean claim, shall request in
 25-7    writing that the physician or provider provide any attachment to
 25-8    the claim the health maintenance organization desires in good faith
 25-9    for clarification of the claim.  The request must describe with
25-10    specificity the clinical information requested and relate only to
25-11    information the health maintenance organization can demonstrate is
25-12    specific to the claim or the claim's related episode of care.  A
25-13    health maintenance organization that requests an attachment under
25-14    this subsection shall determine whether the claim is eligible for
25-15    payment on or before the later of the 15th day after the date the
25-16    health maintenance organization receives the requested attachment
25-17    or the latest date for determining whether the claim is eligible
25-18    for payment under Subsection (e) of this section.  A health
25-19    maintenance organization may not make more than one request under
25-20    this subsection in connection with a claim. Subsections (c) and (d)
25-21    of this section apply to a request for and submission of an
25-22    attachment under this subsection.
25-23          (k)  If a health maintenance organization requests an
25-24    attachment or other information from a person other than the
25-25    physician or provider who submitted the claim, the health
25-26    maintenance organization shall provide a copy of the request to the
25-27    physician or provider who submitted the claim.  The health
 26-1    maintenance organization may not withhold payment pending receipt
 26-2    of an attachment or information requested under this subsection.
 26-3    If on receiving an attachment or information requested under this
 26-4    subsection the health maintenance organization determines an error
 26-5    in payment of the claim, the health maintenance organization may
 26-6    recover under Section 18E of this Act.
 26-7          (l)  The commissioner shall adopt rules under which a health
 26-8    maintenance organization can easily identify attachments or
 26-9    information submitted by a physician or provider.
26-10          (m)  A health maintenance organization's claims payment
26-11    processes must:
26-12                (1)  use nationally recognized, generally accepted
26-13    Current Procedural Terminology codes, notes, and guidelines,
26-14    including all relevant modifiers; and
26-15                (2)  be consistent with nationally recognized,
26-16    generally accepted bundling logic and edits [(f)  A health
26-17    maintenance organization that violates Subsection (c) or (e) of
26-18    this section is liable to a physician or provider for the full
26-19    amount of billed charges submitted on the claim or the amount
26-20    payable under the contracted penalty rate, less any amount
26-21    previously paid or any charge for a service that is not covered by
26-22    the health care plan].
26-23          (n) [(g)]  A physician or provider may recover reasonable
26-24    attorney's fees and court costs in an action to recover payment
26-25    under this section.
26-26          (o) [(h)]  In addition to any other penalty or remedy
26-27    authorized by the Insurance Code or another insurance law of this
 27-1    state, a health maintenance organization that violates Subsection
 27-2    (e) [(c)] or (i) [(e)] of this section is subject to an
 27-3    administrative penalty under Article 1.10E, Insurance Code.  The
 27-4    administrative penalty imposed under that article may not exceed
 27-5    $1,000 for each day the claim remains unpaid in violation of
 27-6    Subsection (e) [(c)] or (i) [(e)] of this section.
 27-7          (p) [(i)]  The health maintenance organization shall provide
 27-8    a participating physician or provider with copies of all applicable
 27-9    utilization review policies and claim processing policies or
27-10    procedures[, including required data elements and claim formats].
27-11          (q) [(j)  A health maintenance organization may, by contract
27-12    with a physician or provider, add or change the data elements that
27-13    must be submitted with the physician or provider claim.]
27-14          [(k)  Not later than the 60th day before the date of an
27-15    addition or change in the data elements that must be submitted with
27-16    a claim or any other change in a health maintenance organization's
27-17    claim processing and payment procedures, the health maintenance
27-18    organization shall provide written notice of the addition or change
27-19    to each participating physician or provider.]
27-20          [(l)  This section does not apply to a claim made by a
27-21    physician or provider who is a member of the legislature.]
27-22          [(m)]  This section does not apply to a capitation payment
27-23    required to be made to a physician or provider under an agreement
27-24    to provide medical care or health care services under a health care
27-25    plan.
27-26          (r) [(n)]  This section applies to a person with whom a
27-27    health maintenance organization contracts to process claims or to
 28-1    obtain the services of physicians and providers to provide health
 28-2    care services to health care plan enrollees.
 28-3          (s) [(o)]  The commissioner may adopt rules as necessary to
 28-4    implement this section.
 28-5          (t)  Except as provided by Subsection (b) of this section,
 28-6    the provisions of this section may not be waived, voided, or
 28-7    nullified by contract.
 28-8          SECTION 6. The Texas Health Maintenance Organization Act
 28-9    (Chapter 20A, Vernon's Texas Insurance Code) is amended by adding
28-10    Sections 18D-18L, 40, and 41 to read as follows:
28-11          Sec. 18D.  ELEMENTS OF CLEAN CLAIM.  (a)  A claim by a
28-12    physician or provider, other than an institutional provider, is a
28-13    "clean claim" if the claim is submitted using Health Care Financing
28-14    Administration Form 1500 or a successor to that form developed by
28-15    the National Uniform Billing Committee or its successor and adopted
28-16    by the commissioner by rule for the purposes of this subsection
28-17    that is submitted to a health maintenance organization for payment
28-18    and that contains the information required by the commissioner by
28-19    rule for the purposes of this subsection entered into the
28-20    appropriate fields on the form in the manner prescribed.
28-21          (b)  A claim by an institutional provider is a "clean claim"
28-22    if the claim is submitted using Health Care Financing
28-23    Administration Form UB-92 or a successor to that form developed by
28-24    the National Uniform Billing Committee or its successor and adopted
28-25    by the commissioner by rule for the purposes of this subsection
28-26    that is submitted to a health maintenance organization for payment
28-27    and that contains the information required by the commissioner by
 29-1    rule for the purposes of this subsection entered into the
 29-2    appropriate fields on the form.
 29-3          (c)  A health maintenance organization may require any data
 29-4    element that is required in an electronic transaction set needed to
 29-5    comply with federal law.  A health maintenance organization may not
 29-6    require a physician or provider to provide information other than
 29-7    information for a data field included on the form used for a clean
 29-8    claim under Subsection (a)  or (b) of this section, as applicable.
 29-9          (d)  A claim submitted by a physician or provider that
29-10    includes additional fields, data elements, attachments, or other
29-11    information not required under this section is considered to be a
29-12    clean claim for the purposes of this section.
29-13          (e)  Except as provided by this section, the provisions of
29-14    this section may not be waived, voided, or nullified by contract.
29-15          Sec. 18E.  OVERPAYMENT.  A health maintenance organization
29-16    may recover an overpayment to a physician or provider if:
29-17                (1)  not later than the 180th day after the date the
29-18    physician or provider receives the payment, the health maintenance
29-19    organization provides written notice of the overpayment to the
29-20    physician or provider that includes the basis and specific reasons
29-21    for the request for recovery of funds; and
29-22                (2)  the physician or provider does not make
29-23    arrangements for repayment of the requested funds on or before the
29-24    45th day after the date the physician or provider receives the
29-25    notice.
29-26          Sec. 18F.  VERIFICATION OF ELIGIBILITY FOR PAYMENT.  (a)  On
29-27    the request of a physician or provider for verification of the
 30-1    payment eligibility of a particular medical care or health care
 30-2    service the physician or provider proposes to provide to a
 30-3    particular patient, the health maintenance organization shall
 30-4    inform the physician or provider whether the service, if provided
 30-5    to that patient, is eligible for payment from the health
 30-6    maintenance organization to the physician or provider.
 30-7          (b)  A health maintenance organization shall provide
 30-8    verification under this section between 6 a.m. and 6 p.m. central
 30-9    standard time Monday through Friday on each day that is not a legal
30-10    holiday and between 9 a.m. and 12 p.m. on Saturday, Sunday, and
30-11    legal holidays.
30-12          (c)  Verification under this section shall be made in good
30-13    faith and without delay.
30-14          (d)  In this section, "verification" includes
30-15    preauthorization only when preauthorization is a condition for the
30-16    determination of eligibility for payment.
30-17          (e)  A health maintenance organization that declines to
30-18    provide a verification of eligibility for payment shall notify the
30-19    physician or provider who requested the verification of the
30-20    specific reason the verification was not provided.
30-21          (f)  A health maintenance organization may establish a time
30-22    certain for the validity of verification.
30-23          (g)  If a health maintenance organization has verified
30-24    medical care or health care services, the health maintenance
30-25    organization may not deny or reduce payment to a physician or
30-26    health care provider for those services unless:
30-27                (1)  the physician or provider has materially
 31-1    misrepresented the proposed medical or health care services or has
 31-2    substantially failed to perform the proposed medical or health care
 31-3    services; or
 31-4                (2)  the health maintenance organization certifies in
 31-5    writing:
 31-6                      (A)  that the physician or provider is not
 31-7    contractually obligated to provide services to the patient because
 31-8    the patient's enrollment in the health plan was terminated;
 31-9                      (B)  the health maintenance organization was
31-10    notified on or before the 30th day after the date the patient's
31-11    enrollment ended; and
31-12                      (C)  the physician or provider was notified that
31-13    the patient's enrollment ended on or before the 30th day after the
31-14    date of verification under this section.
31-15          (h)  The provisions of this section may not be waived,
31-16    voided, or nullified by contract.
31-17          Sec. 18G.  COORDINATION OF PAYMENT BENEFITS. (a)  A health
31-18    maintenance organization may require a physician or provider to
31-19    retain in the physician's or provider's records updated information
31-20    concerning other health benefit plan coverage and to provide the
31-21    information to the  health maintenance organization on the
31-22    applicable form described by Section 18D of this Act. Except as
31-23    provided by this subsection, a health maintenance organization may
31-24    not require a physician or provider to investigate coordination of
31-25    other health benefit plan coverage.
31-26          (b)  Coordination of other payment under this section does
31-27    not extend the period for determining whether a service is eligible
 32-1    for payment under Section 18B(e) of this Act.
 32-2          (c)  A physician or provider who submits a claim for
 32-3    particular medical care or health care services to more than one
 32-4    health maintenance organization or insurer shall  provide written
 32-5    notice on the claim submitted to each health maintenance
 32-6    organization or insurer of the identity of each other health
 32-7    maintenance organization or insurer with which the same claim is
 32-8    being filed.
 32-9          (d)  On receipt of notice under Subsection (c) of this
32-10    section, a health maintenance organization shall coordinate and
32-11    determine the appropriate payment for each health maintenance
32-12    organization or insurer to make to the physician or provider.
32-13          (e)  If a health maintenance organization is a secondary
32-14    payor and pays a portion of a claim that should have been paid by
32-15    the health maintenance organization or insurer that is the primary
32-16    payor, the overpayment may only be recovered from the health
32-17    maintenance organization or insurer that is primarily responsible
32-18    for that amount.
32-19          (f)  If the portion of the claim overpaid by the secondary
32-20    health maintenance organization was also paid by the primary health
32-21    maintenance organization or insurer, the secondary health
32-22    maintenance organization may recover the amount of the overpayment
32-23    under Section 18E of this Act from the physician or provider who
32-24    received the payment.
32-25          (g)  A health maintenance organization may share information
32-26    with another health maintenance organization or insurer to the
32-27    extent necessary to coordinate appropriate payment obligations on a
 33-1    specific claim.
 33-2          (h)  The provisions of this section may not be waived,
 33-3    voided, or nullified by contract.
 33-4          Sec. 18H.  PREAUTHORIZATION OF MEDICAL AND HEALTH CARE
 33-5    SERVICES. (a)  A health maintenance organization that uses a
 33-6    preauthorization process for medical care and health care services
 33-7    shall provide each participating physician or provider, not later
 33-8    than the 10th working day after the date a request is made, a list
 33-9    of the medical care and health care services that do not require
33-10    preauthorization and information concerning the preauthorization
33-11    process.
33-12          (b)  If proposed medical care or health care services require
33-13    preauthorization by a health maintenance organization as a
33-14    condition of the health maintenance organization's payment to a
33-15    physician or provider, the health maintenance organization shall
33-16    determine whether the medical care or health care services proposed
33-17    to be provided to the enrollee are medically necessary and
33-18    appropriate.
33-19          (c)  On receipt of a request from a physician or provider for
33-20    preauthorization, the health maintenance organization shall review
33-21    and issue a determination indicating whether the services are
33-22    preauthorized.  The determination must be mailed or otherwise
33-23    transmitted not later than the third calendar day after the date
33-24    the request is received by the health maintenance organization.
33-25          (d)  If the proposed medical care or health care services
33-26    involve inpatient care and the health maintenance organization
33-27    requires preauthorization as a condition of payment, the health
 34-1    maintenance organization shall review and issue a length of stay
 34-2    for the admission into a health care facility based on the
 34-3    recommendation of the patient's physician or health care provider
 34-4    and the health maintenance organization's written medically
 34-5    accepted screening criteria and review procedures.  If the proposed
 34-6    medical or health care services are to be provided to a patient who
 34-7    is an inpatient in a health care facility at the time the services
 34-8    are proposed, the health maintenance organization shall review and
 34-9    issue a determination indicating whether proposed services are
34-10    preauthorized within one calendar day of the request by the
34-11    physician or health care provider.
34-12          (e)  If the health maintenance organization has preauthorized
34-13    medical care or health care services, the health maintenance
34-14    organization may not deny or reduce payment to the physician or
34-15    provider for those services based on medical necessity or
34-16    appropriateness of care unless the physician or provider has
34-17    materially misrepresented the proposed medical or health care
34-18    services or has substantially failed to perform the proposed
34-19    medical or health care services.
34-20          (f)  This section applies to an agent or other person with
34-21    whom a health maintenance organization contracts to perform, or to
34-22    whom the health maintenance organization delegates the performance
34-23    of, preauthorization of proposed medical care or health care
34-24    services.
34-25          (g)  The provisions of this section may not be waived,
34-26    voided, or nullified by contract.
34-27          Sec. 18I.  SERVICES PROVIDED BY CERTAIN PHYSICIANS AND
 35-1    PROVIDERS. The provisions of this Act relating to prompt payment by
 35-2    a health maintenance organization of a physician or provider and to
 35-3    verification of medical care or health care services apply to a
 35-4    physician or provider who:
 35-5                (1)  is not included in the health maintenance
 35-6    organization delivery network; and
 35-7                (2)  provides to an enrollee:
 35-8                      (A)  care related to an emergency or its
 35-9    attendant episode of care as required by state or federal law; or
35-10                      (B)  specialty or other medical care or health
35-11    care services at the request of the health maintenance organization
35-12    or a physician or provider who is included in the health
35-13    maintenance organization delivery network because the services are
35-14    not reasonably available within the network.
35-15          Sec. 18J.  AVAILABILITY OF CODING GUIDELINES. (a)  A contract
35-16    between a health maintenance organization and a physician or
35-17    provider must provide that:
35-18                (1)  the physician or provider may request a
35-19    description of the coding guidelines, including any underlying
35-20    bundling, recoding, or other payment process and fee schedules
35-21    applicable to specific procedures that the physician or provider
35-22    will receive under the contract;
35-23                (2)  the health maintenance organization will provide
35-24    the coding guidelines and fee schedules not later than the 30th day
35-25    after the date the health maintenance organization receives the
35-26    request;
35-27                (3)  the health maintenance organization will provide
 36-1    notice of material changes to the coding guidelines and fee
 36-2    schedules not later than the 90th day before the date the changes
 36-3    take effect and will not make retroactive revisions to the coding
 36-4    guidelines and fee schedules; and
 36-5                (4)  the contract may be terminated by the physician or
 36-6    provider on or before the 30th day after the date the physician or
 36-7    provider receives information requested under this subsection
 36-8    without penalty or discrimination in participation in other health
 36-9    care products or plans.
36-10          (b)  A physician or provider who receives information under
36-11    Subsection (a) of this section may use or disclose the information
36-12    only for the purpose of practice management, billing activities, or
36-13    other business operations.
36-14          (c)  Nothing in this section shall be interpreted to require
36-15    a health maintenance organization to violate copyright or other law
36-16    by disclosing proprietary software that the health maintenance
36-17    organization has licensed.  In addition to the above, the health
36-18    maintenance organization shall, on request of the physician or
36-19    provider, provide the name, edition, and model version of the
36-20    software that the health maintenance organization uses to determine
36-21    bundling and unbundling of claims.
36-22          (d)  The provisions of this section may not be waived,
36-23    voided, or nullified by contract.
36-24          Sec. 18K.  DISPUTE RESOLUTION.  (a)  A health maintenance
36-25    organization may not require by contract or otherwise the use of a
36-26    dispute resolution procedure or binding arbitration with a
36-27    physician or provider. This subsection does not prohibit a health
 37-1    maintenance organization from offering a dispute resolution
 37-2    procedure or binding arbitration to resolve a dispute if the health
 37-3    maintenance organization and the physician or provider consent to
 37-4    the process after the dispute arises.  This subsection may not be
 37-5    construed to conflict with any applicable appeal mechanisms
 37-6    required by law.
 37-7          (b)  The provisions of this section may not be waived,
 37-8    voided, or nullified by contract.
 37-9          Sec. 18L.  AUTHORITY OF ATTORNEY GENERAL.  (a)  In addition
37-10    to any other remedy available for a violation of this Act, the
37-11    attorney general may take action and seek remedies available under
37-12    Section 15, Article 21.21, Insurance Code, and Sections 17.58,
37-13    17.60, 17.61, and 17.62, Business & Commerce Code, for a violation
37-14    of Section 14 or 18B of this Act.
37-15          (b)  If the attorney general has good cause to believe that a
37-16    physician or provider has failed in good faith to repay a health
37-17    maintenance organization under Section 18E of this Act, the
37-18    attorney general may:
37-19                (1)  bring an action to compel the physician or
37-20    provider to repay the health maintenance organization;
37-21                (2)  on the finding of a court that the physician or
37-22    provider has violated Section 18E, impose a civil penalty of not
37-23    more than the greater of $1,000 or two times the amount in dispute
37-24    for each violation; and
37-25                (3)  recover court costs and attorney's fees.
37-26          (c)  If the attorney general has good cause to believe that a
37-27    physician or provider is or has improperly used or disclosed
 38-1    information received by the physician or provider under Section 18J
 38-2    of this Act, the attorney general may:
 38-3                (1)  bring an action seeking an injunction against the
 38-4    physician or provider to restrain the improper use or disclosure of
 38-5    information;
 38-6                (2)  on the finding of a court that the physician or
 38-7    provider has violated Section 18J, impose a civil penalty of not
 38-8    more than $1,000 for each negligent violation or $10,000 for each
 38-9    intentional violation; and
38-10                (3)  recover court costs and attorney's fees.
38-11          Sec. 40.  CONFLICT WITH OTHER LAW.  To the extent of any
38-12    conflict between this Act and Article 21.52C, Insurance Code, this
38-13    Act controls.
38-14          Sec. 41.  APPLICATION OF CERTAIN PROVISIONS UNDER MEDICAID.
38-15    A provision of this Act may not be interpreted as requiring a
38-16    health maintenance organization, physician, or provider, in
38-17    providing benefits or services under the state Medicaid program,
38-18    to:
38-19                (1)  use billing forms or codes that are inconsistent
38-20    with those required under the state Medicaid program;
38-21                (2)  make determinations relating to medical necessity
38-22    or appropriateness or eligibility for coverage in a manner
38-23    different than that required under the state Medicaid program; or
38-24                (3)  reimburse physicians or providers for services
38-25    rendered to a person who was not eligible to receive benefits for
38-26    such services under the state Medicaid program.
38-27          SECTION 7. Subchapter E, Chapter 21, Insurance Code, is
 39-1    amended by adding Article 21.52K to read as follows:
 39-2          Art. 21.52K.  ELECTRONIC HEALTH CARE TRANSACTIONS
 39-3          Sec. 1.  HEALTH BENEFIT PLAN DEFINED. (a)  In this article,
 39-4    "health benefit plan" means a plan that provides benefits for
 39-5    medical, surgical, or other treatment expenses incurred as a result
 39-6    of a health condition, a mental health condition, an accident,
 39-7    sickness, or substance abuse, including an individual, group,
 39-8    blanket, or franchise insurance policy or insurance agreement, a
 39-9    group hospital service contract, or an individual or group evidence
39-10    of coverage or similar coverage document that is offered by:
39-11                (1)  an insurance company;
39-12                (2)  a group hospital service corporation operating
39-13    under Chapter 20 of this code;
39-14                (3)  a fraternal benefit society operating under
39-15    Chapter 10 of this code;
39-16                (4)  a stipulated premium insurance company operating
39-17    under Chapter 22 of this code;
39-18                (5)  a reciprocal exchange operating under Chapter 19
39-19    of this code;
39-20                (6)  a health maintenance organization operating under
39-21    the Texas Health Maintenance Organization Act (Chapter 20A,
39-22    Vernon's Texas Insurance Code);
39-23                (7)  a multiple employer welfare arrangement that holds
39-24    a certificate of authority under Article 3.95-2 of this code; or
39-25                (8)  an approved nonprofit health corporation that
39-26    holds a certificate of authority under Article 21.52F of this code.
39-27          (b)  The term includes:
 40-1                (1)  a small employer health benefit plan written under
 40-2    Chapter 26 of this code; and
 40-3                (2)  a health benefit plan offered under the Texas
 40-4    Employees Uniform Group Insurance Benefits Act (Article 3.50-2,
 40-5    Vernon's Texas Insurance Code), the Texas State College and
 40-6    University Employees Uniform Insurance Benefits Act (Article
 40-7    3.50-3, Vernon's Texas Insurance Code), or Article 3.50-4 of this
 40-8    code.
 40-9          Sec. 2.  ELECTRONIC SUBMISSION OF CLAIMS. The issuer of a
40-10    health benefit plan by contract may require that a health care
40-11    professional licensed under the Occupations Code or a health care
40-12    facility licensed under the Health and Safety Code submit a health
40-13    care claim or equivalent encounter information, a referral
40-14    certification, or an authorization or eligibility transaction
40-15    electronically.  The health benefit plan issuer shall comply with
40-16    the standards for electronic transactions required by this article
40-17    and established by the commissioner by rule.
40-18          Sec. 3.  TIME FOR IMPLEMENTATION OF ELECTRONIC TRANSACTION
40-19    REQUIREMENTS. The department shall establish a timetable for
40-20    compliance with Section 2 of this article.
40-21          Sec. 4.  WAIVER. (a)  Any contract between a health benefit
40-22    plan defined by this article and a health care professional or
40-23    health care facility must provide for a waiver of any requirement
40-24    for electronic submission established under Section 2 of this
40-25    article.
40-26          (b)  The commissioner shall establish circumstances under
40-27    which a waiver is required that include:
 41-1                (1) undue hardship;
 41-2                (2)  health care professionals in rural areas; or
 41-3                (3)  any other special circumstance that would justify
 41-4    a waiver.
 41-5          (c)  Any health professional or health care facility that is
 41-6    denied a waiver by a health benefit plan may appeal the denial to
 41-7    the commissioner.  The commissioner shall determine whether or not
 41-8    a waiver must be included in the contract.
 41-9          (d)  A health benefit plan may not refuse to contract or
41-10    renew a contract with a health care professional or a health care
41-11    facility based in whole or in part on the health care professional
41-12    or health care facility requesting, appealing, or obtaining a
41-13    waiver under this section.
41-14          Sec. 5.  CERTAIN CHARGES PROHIBITED. A health benefit plan
41-15    may not directly or indirectly charge or hold a health care
41-16    professional, health care facility, or person enrolled in a health
41-17    benefit plan responsible for a fee for the adjudication of a claim.
41-18          SECTION 8.  (a)  Section 3, Article 21.53Q, Insurance Code,
41-19    as added by House Bill 1676, Acts of the 77th Legislature, Regular
41-20    Session, 2001, is amended to read as follows:
41-21          Sec. 3.  TRAINING FOR CERTAIN PERSONNEL REQUIRED.  (a)  In
41-22    this section, "preauthorization" means a determination by [the
41-23    provision of a reliable representation to a physician or health
41-24    care provider of whether] the issuer of a health benefit plan that
41-25    the [will pay the physician or provider for proposed] medical or
41-26    health care services proposed to be provided [if the physician or
41-27    provider renders those services] to a [the] patient are medically
 42-1    necessary and appropriate [for whom the services are proposed].
 42-2    The term includes precertification, certification, recertification,
 42-3    or any other activity that involves providing a reliable
 42-4    representation by the issuer of a health benefit plan to a
 42-5    physician or health care provider.
 42-6          (b)  The commissioner by rule shall require the issuer of a
 42-7    health benefit plan to provide adequate training to appropriate
 42-8    personnel responsible for preauthorization of coverage, if required
 42-9    under the plan, or utilization review under the plan to prevent
42-10    wrongful denial of coverage required under this article and to
42-11    avoid confusion of medical benefits with mental health benefits.
42-12          (b)  This section takes effect only if House Bill 1676, Acts
42-13    of the 77th Legislature, Regular Session, 2001, becomes law.  If
42-14    House Bill 1676 does not become law, this section has no effect.
42-15          SECTION 9. (a)  The changes in law made by this Act relating
42-16    to payment of a physician or health care provider for medical or
42-17    health care services apply only to payment for services provided on
42-18    or after the effective date of this Act.
42-19          (b)  The changes in law made by this Act relating to a
42-20    contract between a physician or health care provider and an insurer
42-21    or health maintenance organization apply only to a contract entered
42-22    into or renewed on or after January 1, 2002.
42-23          SECTION 10. This Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1862 was passed by the House on
         April 25, 2001, by a non-record vote; that the House refused to
         concur in Senate amendments to H.B. No. 1862 on May 23, 2001, and
         requested the appointment of a conference committee to consider the
         differences between the two houses; and that the House adopted the
         conference committee report on H.B. No. 1862 on May 27, 2001, by a
         non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1862 was passed by the Senate, with
         amendments, on May 21, 2001, by a viva-voce vote; at the request of
         the House, the Senate appointed a conference committee to consider
         the differences between the two houses; and that the Senate adopted
         the conference committee report on H.B. No. 1862 on May 27, 2001,
         by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor