1-1     By:  Eiland, et al. (Senate Sponsor - Van de Putte)   H.B. No. 1862
 1-2           (In the Senate - Received from the House April 26, 2001;
 1-3     April 27, 2001, read first time and referred to Committee on
 1-4     Business and Commerce; May 11, 2001, reported adversely, with
 1-5     favorable Committee Substitute by the following vote:  Yeas 7, Nays
 1-6     0; May 11, 2001, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 1862            By:  Van de Putte
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the regulation and prompt payment of health care
1-11     providers under certain health benefit plans; providing penalties.
1-12           BE IT ENACTED BY THE LEGISLATURE OF STATE OF TEXAS:
1-13           SECTION 1. Section 1, Article 3.70-3C, Insurance Code, as
1-14     added by Chapter 1024, Acts of the 75th Legislature, Regular
1-15     Session, 1997, is amended by adding Subdivisions (14) and (15) to
1-16     read as follows:
1-17                 (14)  "Preauthorization" means a determination by the
1-18     insurer that the medical care or health care services proposed to
1-19     be provided to a patient are medically necessary and appropriate.
1-20     The term includes precertification, certification, recertification,
1-21     or any other term that would be a reliable representation by an
1-22     insurer to a preferred provider.
1-23                 (15)  "Verification" means a reliable representation by
1-24     an insurer to a preferred provider that the insurer will pay the
1-25     provider for proposed medical care or health care services if the
1-26     preferred provider renders those services to the patient for whom
1-27     the services are proposed.
1-28           SECTION 2. Section 3A, Article 3.70-3C, Insurance Code, as
1-29     added by Chapter 1024, Acts of the 75th Legislature, Regular
1-30     Session, 1997, is amended to read as follows:
1-31           Sec. 3A.  PROMPT PAYMENT OF PREFERRED PROVIDERS. (a)  In this
1-32     section, "clean claim" means a [completed] claim that complies with
1-33     Section 3B of this article[, as determined under department rules,]
1-34     submitted by a preferred provider for medical care or health care
1-35     services under a health insurance policy.
1-36           (b)  A preferred provider must submit a claim to an insurer
1-37     not later than the 95th day after the date the provider provides
1-38     the medical care or health care services for which the claim is
1-39     made.  An insurer shall accept as proof of timely filing a claim
1-40     filed in compliance with Subsection (c) of this section or
1-41     information from another insurer showing that the preferred
1-42     provider submitted the claim to the insurer in compliance with
1-43     Subsection (c) of this section.  If a preferred provider fails to
1-44     submit a claim in compliance with this subsection, the preferred
1-45     provider forfeits the right to payment. The period for submitting a
1-46     claim under this subsection may be extended by contract.  A
1-47     preferred provider may not submit a duplicate claim for payment
1-48     before the 46th day after the date the original claim was
1-49     submitted.  The commissioner shall adopt rules under which an
1-50     insurer may determine whether a claim is a duplicate claim [for
1-51     medical care or health care services under a health insurance
1-52     policy may obtain acknowledgment of receipt of a claim for medical
1-53     care or health care services under a health care plan by submitting
1-54     the claim by United States mail, return receipt requested.  An
1-55     insurer or the contracted clearinghouse of an insurer that receives
1-56     a claim electronically shall acknowledge receipt of the claim by an
1-57     electronic transmission to the preferred provider and is not
1-58     required to acknowledge receipt of the claim by the insurer in
1-59     writing].
1-60           (c)  A preferred provider shall, as appropriate:
1-61                 (1)  mail a claim to the insurer identified in the
1-62     verification by United States mail, first class, or by overnight
1-63     delivery service, and maintain a log of mailed claims that includes
1-64     the provider's I.D. and the address of the insurer and include a
 2-1     copy of the log with the relevant mailed claim;
 2-2                 (2)  submit the claim electronically and maintain a log
 2-3     of electronically submitted claims;
 2-4                 (3)  fax the claim and maintain a log of all faxed
 2-5     claims; or
 2-6                 (4)  hand deliver the claim and maintain a log of all
 2-7     hand-delivered claims.
 2-8           (d)  If a claim for medical care or health care services
 2-9     provided to a patient is mailed, the claim is presumed to have been
2-10     received by the insurer on the third day after the date the claim
2-11     is mailed or, if the claim is mailed using overnight service or
2-12     return receipt requested, on the date the delivery receipt is
2-13     signed.  If the claim is submitted electronically, the claim is
2-14     presumed to have been received on the date of the electronic
2-15     verification of receipt by the insurer or the insurer's
2-16     clearinghouse.  If the insurer or the insurer's clearinghouse does
2-17     not provide a confirmation within 24 hours of submission by the
2-18     preferred provider, the preferred provider's clearinghouse shall
2-19     provide the confirmation.  The preferred provider's clearinghouse
2-20     must be able to verify that the filing contained the correct
2-21     information needed for the electronic submission to be processed by
2-22     the insurer or the insurer's clearinghouse, including the correct
2-23     address of the entity to receive the filing.  If the claim is
2-24     faxed, the claim is presumed to have been received on the date of
2-25     the transmission acknowledgment.  If the claim is hand delivered,
2-26     the claim is presumed to have been received on the date the
2-27     delivery receipt is signed.  The commissioner shall promulgate a
2-28     form to be submitted by the preferred provider that easily
2-29     identifies all claims included in each filing and that can be used
2-30     by a preferred provider as the preferred provider's log.
2-31           (e)  Not later than the 45th day after the date that the
2-32     insurer receives a clean claim from a preferred provider, the
2-33     insurer shall make a determination of whether the claim is eligible
2-34     for payment and:
2-35                 (1)  if the insurer determines the entire claim is
2-36     eligible for payment, pay the total amount of the claim in
2-37     accordance with the contract between the preferred provider and the
2-38     insurer;
2-39                 (2)  if the insurer determines a portion of the claim
2-40     is eligible for payment, pay the portion of the claim that is not
2-41     in dispute and notify the preferred provider in writing why the
2-42     remaining portion of the claim will not be paid; or
2-43                 (3)  if the insurer determines that the claim is not
2-44     eligible for payment, notify the preferred provider in writing why
2-45     the claim will not be paid.
2-46           (f)  Not later than the 21st day after the date an insurer
2-47     affirmatively adjudicates a pharmacy claim that is electronically
2-48     submitted, the insurer shall:
2-49                 (1)  pay the total amount of the claim; or
2-50                 (2)  notify the pharmacy provider of the reasons for
2-51     denying payment of the claim.
2-52           (g)  An insurer that determines that a claim is eligible for
2-53     payment and does not pay the claim on or before the 45th day after
2-54     the date the insurer receives a clean claim under Subsection (e) of
2-55     this section or the 15th day after the date the insurer receives a
2-56     requested attachment in accordance with Subsection (j) of this
2-57     section commits an unfair claim settlement practice in violation of
2-58     Article 21.21-2 of this code and is subject to an administrative
2-59     penalty under Chapter 84 of this code.  The insurer shall pay the
2-60     preferred provider making the claim the lesser of the full amount
2-61     of billed charges submitted on the claim and interest on the billed
2-62     charges at a rate of 15 percent annually or two times the
2-63     contracted rate and interest on that amount at a rate of 15 percent
2-64     annually.  If the provider submits the claim using a form described
2-65     by Section 3B(a) of this article, billed charges shall be
2-66     established under a fee schedule provided by the preferred provider
2-67     to the insurer on or before the 30th day after the date the
2-68     preferred provider enters into a preferred provider contract with
2-69     the insurer.  The preferred provider may modify the fee schedule if
 3-1     the provider notifies the insurer of the modification on or before
 3-2     the 90th day before the date the modification takes effect.
 3-3           (h)  The investigation and determination of eligibility for
 3-4     payment, including any coordination of other payments, does not
 3-5     extend the period for determining whether a claim is eligible for
 3-6     payment under Subsection (e) of this section [(d) If a prescription
 3-7     benefit claim is electronically adjudicated and electronically
 3-8     paid, and the preferred provider or its designated agent authorizes
 3-9     treatment, the claim must be paid not later than the 21st day after
3-10     the treatment is authorized].
3-11           (i)  Except as provided by Subsection (j) of this section, if
3-12     [(e)  If] the insurer [acknowledges coverage of an insured under
3-13     the health insurance policy but] intends to audit the preferred
3-14     provider claim, the insurer shall pay the charges submitted at 85
3-15     percent of the contracted rate on the claim not later than the 45th
3-16     day after the date that the insurer receives the claim from the
3-17     preferred provider.  The insurer must complete [Following
3-18     completion of] the audit, and any additional payment due a
3-19     preferred provider or any refund due the insurer shall be made not
3-20     later than the 90th [30th] day after the receipt of a claim or 45
3-21     days after receipt of a requested attachment from the preferred
3-22     provider, whichever is later [of the date that:]
3-23                 [(1)  the preferred provider receives notice of the
3-24     audit results; or]
3-25                 [(2)  any appeal rights of the insured are exhausted].
3-26           (j)  If an insurer needs additional information from a
3-27     treating preferred provider to determine eligibility for payment,
3-28     the insurer, not later than the 30th calendar day after the date
3-29     the insurer receives a clean claim, shall request in writing that
3-30     the preferred provider provide any attachment to the claim the
3-31     insurer desires in good faith for clarification of the claim.  The
3-32     request must describe with specificity the clinical information
3-33     requested and relate only to information the insurer can
3-34     demonstrate is specific to the claim or the claim's related episode
3-35     of care.  An insurer that requests an attachment under this
3-36     subsection shall determine whether the claim is eligible for
3-37     payment on or before the later of the 15th day after the date the
3-38     insurer receives the requested attachment or the latest date for
3-39     determining whether the claim is eligible for payment under
3-40     Subsection (e) of this section.  An insurer may not make more than
3-41     one request under this subsection in connection with a claim.
3-42     Subsections (c) and (d) of this section apply to a request for and
3-43     submission of an attachment under this subsection.
3-44           (k)  If an insurer requests an attachment or other
3-45     information from a person other than the preferred provider who
3-46     submitted the claim, the insurer shall provide a copy of the
3-47     request to the preferred provider who submitted the claim. The
3-48     insurer may not withhold payment pending receipt of an attachment
3-49     or information requested under this subsection.  If on receiving an
3-50     attachment or information requested under this subsection the
3-51     insurer determines an error in payment of the claim, the insurer
3-52     may recover under Section 3C of this article.
3-53           (l)  The commissioner shall adopt rules under which an
3-54     insurer can easily identify attachments or information submitted by
3-55     a physician or provider under Subsection (j) or (k) of this
3-56     section.
3-57           (m)  [(f)  An insurer that violates Subsection (c) or (e) of
3-58     this section is liable to a preferred provider for the full amount
3-59     of billed charges submitted on the claim or the amount payable
3-60     under the contracted penalty rate, less any amount previously paid
3-61     or any charge for a service that is not covered by the health
3-62     insurance policy.]
3-63           [(g)]  A preferred provider may recover reasonable attorney's
3-64     fees and court costs in an action to recover payment under this
3-65     section.
3-66           (n) [(h)]  In addition to any other penalty or remedy
3-67     authorized by this code or another insurance law of this state, an
3-68     insurer that violates Subsection (e) [(c)] or (i) [(e)] of this
3-69     section is subject to an administrative penalty under Article 1.10E
 4-1     of this code.  The administrative penalty imposed under that
 4-2     article may not exceed $1,000 for each day the claim remains unpaid
 4-3     in violation of Subsection (e) [(c)] or (i) [(e)] of this section.
 4-4           (o) [(i)]  The insurer shall provide a preferred provider
 4-5     with copies of all applicable utilization review policies and claim
 4-6     processing policies or procedures[, including required data
 4-7     elements and claim formats].
 4-8           (p)  [(j)  An insurer may, by contract with a preferred
 4-9     provider, add or change the data elements that must be submitted
4-10     with the preferred provider claim.]
4-11           [(k)  Not later than the 60th day before the date of an
4-12     addition or change in the data elements that must be submitted with
4-13     a claim or any other change in an insurer's claim processing and
4-14     payment procedures, the insurer shall provide written notice of the
4-15     addition or change to each preferred provider.]
4-16           [(l)  This section does not apply to a claim made by a
4-17     preferred provider who is a member of the legislature.]
4-18           [(m)]  This section applies to a person with whom an insurer
4-19     contracts to process claims or to obtain the services of preferred
4-20     providers to provide medical care or health care to insureds under
4-21     a health insurance policy.
4-22           (q) [(n)]  The commissioner of insurance may adopt rules as
4-23     necessary to implement this section.
4-24           (r)  Except as provided by Subsection (b) of this section,
4-25     the provisions of this section may not be waived, voided, or
4-26     nullified by contract.
4-27           SECTION 3.  Article 3.70-3C, Insurance Code, as added by
4-28     Chapter 1024, Acts of the 75th Legislature, Regular Session, 1997,
4-29     is amended by adding Sections 3B-3I, 10, 11, and 12 to read as
4-30     follows:
4-31           Sec. 3B.  ELEMENTS OF CLEAN CLAIM. (a)  A claim by a
4-32     physician or provider, other than an institutional provider, is a
4-33     "clean claim" if the claim is submitted using Health Care Financing
4-34     Administration Form 1500 or a successor to that form developed by
4-35     the National Uniform Billing Committee or its successor and adopted
4-36     by the commissioner by rule for the purposes of this subsection
4-37     that is submitted to an insurer for payment and that contains the
4-38     information required by the commissioner by rule for the purposes
4-39     of this subsection entered into the appropriate fields on the form.
4-40           (b)  A claim by an institutional provider is a "clean claim"
4-41     if the claim is submitted using Health Care Financing
4-42     Administration Form UB-92 or a successor to that form developed by
4-43     the National Uniform Billing Committee or its successor and adopted
4-44     by the commissioner by rule for the purposes of this subsection
4-45     that is submitted to an insurer for payment and that contains the
4-46     information required by the commissioner by rule for the purposes
4-47     of this subsection entered into the appropriate fields on the form.
4-48           (c)  An insurer may require any data element that is required
4-49     in an electronic transaction set needed to comply with federal law.
4-50     An insurer may not require a physician or provider to provide
4-51     information other than information for a data field included on the
4-52     form used for a clean claim under Subsection (a) or (b) of this
4-53     section, as applicable.
4-54           (d)  A claim submitted by a physician or provider that
4-55     includes additional fields, data elements, attachments, or other
4-56     information not required under this section is considered to be a
4-57     clean claim for the purposes of this article.
4-58           (e)  Except as provided by this section, the provisions of
4-59     this section may not be waived, voided, or nullified by contract.
4-60           Sec. 3C.  OVERPAYMENT. An insurer may recover an overpayment
4-61     to a physician or provider if:
4-62                 (1)  not later than the 180th day after the date the
4-63     physician or provider receives the payment, the insurer provides
4-64     written notice of the overpayment to the physician or provider that
4-65     includes the basis and specific reasons for the request for
4-66     recovery of funds; and
4-67                 (2)  the physician or provider does not make
4-68     arrangements for repayment of the requested funds on or before the
4-69     45th day after the date the physician or provider receives the
 5-1     notice.
 5-2           Sec. 3D.  VERIFICATION OF ELIGIBILITY FOR PAYMENT. (a)  On
 5-3     the request of a preferred provider for verification of the
 5-4     eligibility for payment of a particular medical care or health care
 5-5     service the preferred provider proposes to provide to a particular
 5-6     patient, the insurer shall inform the preferred provider whether
 5-7     the service, if provided to that patient, is eligible for payment
 5-8     from the insurer to the preferred provider.
 5-9           (b)  An insurer shall provide verification under this section
5-10     between 6 a.m. and 6 p.m. central standard time on each day that is
5-11     not a legal holiday.
5-12           (c)  Verification under this section shall be made in good
5-13     faith and without delay.
5-14           (d)  An insurer that declines to provide a verification of
5-15     eligibility for payment shall notify the physician or provider who
5-16     requested the verification of the specific reason the verification
5-17     was not provided.
5-18           (e)  An insurer may establish a time certain for the validity
5-19     of verification.
5-20           (f)  If an insurer has verified medical care or health care
5-21     services, the insurer may not deny or reduce payment to a physician
5-22     or health care provider for those services unless:
5-23                 (1)  the physician or provider has materially
5-24     misrepresented the proposed medical or health care services or has
5-25     substantially failed to perform the proposed medical or health care
5-26     services;
5-27                 (2)  the insurer provides a disclaimer stating that
5-28     benefits are subject to policy limitations and exclusions and that
5-29     verification does not constitute a guarantee of payment; or
5-30                 (3)  the insurer certifies in writing:
5-31                       (A)  that the physician or provider is not
5-32     contractually obligated to provide the services to the patient
5-33     because the patient's enrollment in the health plan was terminated;
5-34                       (B)  the insurer was notified on or before the
5-35     30th day after the date the patient's enrollment ended; and
5-36                       (C)  the physician or provider was notified that
5-37     the patient's enrollment was terminated on or before the 30th day
5-38     after the date of verification under this section.
5-39           (g)  The provisions of this section may not be waived,
5-40     voided, or nullified by contract.
5-41           Sec. 3E.  COORDINATION OF PAYMENT. (a)  An insurer may
5-42     require a physician or provider to retain in the physician's or
5-43     provider's records updated information concerning other health
5-44     benefit plan coverage and to provide the information to the
5-45     insurer on the applicable form described by Section 3B of this
5-46     article.  Except as provided in this subsection, an insurer may not
5-47     require a physician or provider to investigate coordination of
5-48     other health benefit plan coverage.
5-49           (b)  Coordination of payment under this section does not
5-50     extend the period for determining whether a service is eligible for
5-51     payment under Section 3A(e) of this article.
5-52           (c)  A physician or provider who submits a claim for
5-53     particular medical care or health care services to more than one
5-54     health maintenance organization or insurer shall  provide written
5-55     notice on the claim submitted to each health maintenance
5-56     organization or insurer of the identity of each other health
5-57     maintenance organization or insurer with which the same claim is
5-58     being filed.
5-59           (d)  On receipt of notice under Subsection (c) of this
5-60     section, an insurer shall coordinate and determine the appropriate
5-61     payment for each health maintenance organization or insurer to make
5-62     to the physician or provider.
5-63           (e)  If an insurer is a secondary payor and pays a portion of
5-64     a claim that should have been paid by the insurer or health
5-65     maintenance organization that is the primary payor, the insurer may
5-66     recover the amount of the overpayment from the health maintenance
5-67     organization or insurer that is primarily responsible for that
5-68     amount.
5-69           (f)  If the portion of the claim overpaid by the secondary
 6-1     insurer was also paid by the primary health maintenance
 6-2     organization or insurer, the secondary insurer may recover the
 6-3     amount of overpayment under Section 3C of this article from the
 6-4     physician or provider who received the payment.
 6-5           (g)  An insurer may share information with another health
 6-6     maintenance organization or insurer to the extent necessary to
 6-7     coordinate appropriate payment obligations on a specific claim.
 6-8           (h)  The provisions of this section may not be waived,
 6-9     voided, or nullified by contract.
6-10           Sec. 3F.  PREAUTHORIZATION OF MEDICAL AND HEALTH CARE
6-11     SERVICES. (a)  An insurer that uses a preauthorization process for
6-12     medical care and health care services shall provide to each
6-13     preferred provider, not later than the 10th working day after the
6-14     date a request is made, a list of medical care and health care
6-15     services that require preauthorization and information concerning
6-16     the preauthorization process.
6-17           (b)  If proposed medical care or health care services require
6-18     preauthorization as a condition of the insurer's payment to a
6-19     preferred provider under a health insurance policy, the insurer
6-20     shall determine whether the medical care or health care services
6-21     proposed to be provided to the insured are medically necessary and
6-22     appropriate.
6-23           (c)  On receipt of a request from a preferred provider for
6-24     preauthorization required by the insurer, the insurer shall review
6-25     and issue a determination indicating whether the proposed services
6-26     are preauthorized.  The determination must be mailed or otherwise
6-27     transmitted not later than the third calendar day after the date
6-28     the request is received by the insurer.
6-29           (d)  If the proposed medical care or health care services
6-30     involve inpatient care, the determination issued by the insurer
6-31     must be provided within one calendar day of the request by
6-32     telephone or electronic transmission to the preferred provider of
6-33     record and followed by written notice to the provider on or before
6-34     the third day after the date of the request and must specify an
6-35     approved length of stay for admission into a health care facility.
6-36           (e)  If an insurer has preauthorized medical care or health
6-37     care services, the insurer may not deny or reduce payment to the
6-38     preferred provider for those services unless:
6-39                 (1)  the preferred provider has misrepresented the
6-40     proposed medical or health care services or has substantially
6-41     failed to perform the proposed medical or health care services;
6-42                 (2)  the patient was no longer eligible for coverage at
6-43     the time the services were provided; or
6-44                 (3)  the services were subject to a policy exclusion or
6-45     limitation that the insurer could not determine before the insurer
6-46     received the claim.
6-47           (f)  This section applies to an agent or other person with
6-48     whom an insurer contracts to perform, or to whom the insurer
6-49     delegates the performance of, preauthorization of proposed medical
6-50     or health care services.
6-51           (g)  The provisions of this section may not be waived,
6-52     voided, or nullified by contract.
6-53           Sec. 3G.  AVAILABILITY OF CODING GUIDELINES. (a)  A preferred
6-54     provider contract between an insurer and a physician or provider
6-55     must provide that:
6-56                 (1)  the physician or provider may request a
6-57     description of the coding guidelines, including any underlying
6-58     bundling, recoding, or other payment process and fee schedules
6-59     applicable to specific procedures that the physician or provider
6-60     will receive under the contract;
6-61                 (2)  the insurer or the insurer's agent will provide
6-62     the coding guidelines and fee schedules not later than the 30th day
6-63     after the date the insurer receives the request;
6-64                 (3)  the insurer will provide notice of material
6-65     changes to the coding guidelines and fee schedules not later than
6-66     the 90th day before the date the changes take effect and will not
6-67     make retroactive revisions to the coding guidelines and fee
6-68     schedules; and
6-69                 (4)  the contract may be terminated by the physician or
 7-1     provider on or before the 30th day after the date the physician or
 7-2     provider receives information requested under this subsection
 7-3     without penalty or discrimination in participation in other health
 7-4     care products or plans.
 7-5           (b)  A physician or provider who receives information under
 7-6     Subsection (a) of this section may use or disclose the information
 7-7     only for the purpose of practice management, billing activities, or
 7-8     other business operations.
 7-9           (c)  Nothing in this section shall be interpreted to require
7-10     an insurer to violate copyright or other law by disclosing
7-11     proprietary software that the insurer has licensed.  In addition to
7-12     the above, the insurer shall, on request of a physician or
7-13     provider, provide the name, edition, and model version of the
7-14     software that the insurer uses to determine bundling and unbundling
7-15     of claims.
7-16           (d)  The provisions of this section may not be waived,
7-17     voided, or nullified by contract.
7-18           Sec. 3H.  DISPUTE RESOLUTION. (a)  An insurer may not require
7-19     by contract or otherwise the use of a dispute resolution procedure
7-20     or binding arbitration with a physician or health care provider.
7-21     This subsection does not prohibit an insurer from offering a
7-22     dispute resolution procedure or binding arbitration to resolve a
7-23     dispute if the insurer and the physician or provider consent to the
7-24     process after the dispute arises.  This subsection may not be
7-25     construed to conflict with any applicable appeal mechanisms
7-26     required by law or any right of an insurer or physician or provider
7-27     under the Federal Arbitration Act (9 U.S.C. Section 1 et seq.).
7-28           (b)  The provisions of this section may not be waived,
7-29     voided, or nullified by contract.
7-30           Sec. 3I.  AUTHORITY OF ATTORNEY GENERAL. (a)  In addition to
7-31     any other remedy available for a violation of this article, the
7-32     attorney general may take action and seek remedies available under
7-33     Section 15, Article 21.21 of this code, and Sections 17.58, 17.60,
7-34     17.61, and 17.62, Business & Commerce Code, for a violation of
7-35     Section 3A or 7 of this article.
7-36           (b)  If the attorney general has good cause to believe that a
7-37     physician or provider has failed in good faith to repay an insurer
7-38     under Section 3C of this article, the attorney general may:
7-39                 (1)  bring an action to compel the physician or
7-40     provider to repay the insurer;
7-41                 (2)  on the finding of a court that the physician or
7-42     provider has violated Section 3C, impose a civil penalty of not
7-43     more than $10,000 for each violation; and
7-44                 (3)  recover court costs and attorney's fees.
7-45           (c)  If the attorney general has good cause to believe that a
7-46     physician or provider is or has improperly used or disclosed
7-47     information received by the physician or provider under Section 3G
7-48     of this article, the attorney general may:
7-49                 (1)  bring an action seeking an injunction against the
7-50     physician or provider to restrain the improper use or disclosure of
7-51     information;
7-52                 (2)  on the finding of a court that the physician or
7-53     provider has violated Section 3G, impose a civil penalty of not
7-54     more than $10,000 for each violation; and
7-55                 (3)  recover court costs and attorney's fees.
7-56           Sec. 10.  SERVICES PROVIDED BY CERTAIN PHYSICIANS AND HEALTH
7-57     CARE PROVIDERS. The provisions of this article relating to prompt
7-58     payment by an insurer of a physician or health care provider and to
7-59     verification of medical care or health care services apply to a
7-60     physician  or health care provider who:
7-61                 (1)  is not a preferred provider under a preferred
7-62     provider benefit plan; and
7-63                 (2)  provides to an insured:
7-64                       (A)  care related to an emergency or its
7-65     attendant episode of care as required by state or federal law; or
7-66                       (B)  specialty or other medical care or health
7-67     care services at the request of the insurer or a preferred provider
7-68     because the services are not reasonably available from a preferred
7-69     provider.
 8-1           Sec. 11.  CONFLICT WITH OTHER LAW. To the extent of any
 8-2     conflict between this article and Article 21.52C of this code, this
 8-3     article controls.
 8-4           Sec. 12.  APPLICATION OF CERTAIN PROVISIONS UNDER MEDICAID. A
 8-5     provision of this article may not be interpreted as requiring an
 8-6     insurer, physician, or health care provider, in providing benefits
 8-7     or services under the state Medicaid program, to:
 8-8                 (1)  use billing forms or codes that are inconsistent
 8-9     with those required under the state Medicaid program; or
8-10                 (2)  make determinations relating to medical necessity
8-11     or appropriateness or eligibility for coverage in a manner
8-12     different than that required under the state Medicaid program.
8-13           SECTION 4. Section 2, Texas Health Maintenance Organization
8-14     Act (Article 20A.02, Vernon's Texas Insurance Code), is amended by
8-15     adding Subdivisions (ff) and (gg) to read as follows:
8-16                 (ff)  "Preauthorization"  means a determination by the
8-17     health maintenance organization that the medical care or health
8-18     care services proposed to be provided to a patient are medically
8-19     necessary and appropriate.  The term includes precertification,
8-20     certification, recertification, or any other term that would be a
8-21     reliable representation by a health maintenance organization to a
8-22     physician or provider.
8-23                 (gg)  "Verification" means a reliable representation by
8-24     a health maintenance organization to a physician or provider that
8-25     the health maintenance organization will pay the physician or
8-26     provider for proposed medical care or health care services if the
8-27     physician or provider renders those services to the patient for
8-28     whom the services are proposed.
8-29           SECTION 5.  Section 18B, Texas Health Maintenance
8-30     Organization Act (Section 20A.18B, Vernon's Texas Insurance Code),
8-31     is amended to read as follows:
8-32           Sec. 18B.  PROMPT PAYMENT OF PHYSICIAN AND PROVIDERS. (a)  In
8-33     this section, "clean claim" means a [completed] claim that complies
8-34     with Section 18D of this Act[, as determined under Texas Department
8-35     of Insurance rules, submitted by a physician or provider for
8-36     medical care or health care services under a health care plan].
8-37           (b)  A physician or provider must submit a claim under this
8-38     section to a health maintenance organization not later than the
8-39     95th day after the date the physician or provider provides the
8-40     medical care or health care services for which the claim is made.
8-41     A health maintenance organization shall accept as proof of timely
8-42     filing a claim filed in compliance with Subsection (c) of this
8-43     section or information from another health maintenance organization
8-44     showing that the physician or provider submitted the claim to the
8-45     health maintenance organization in compliance with Subsection (c)
8-46     of this section.  If a physician or provider fails to submit a
8-47     claim in compliance with this subsection, the physician or provider
8-48     forfeits the right to payment.  The period for submitting a claim
8-49     under this subsection may be extended by contract.  A physician or
8-50     provider may not submit a duplicate claim for payment before the
8-51     46th day after the date the original claim was submitted.  The
8-52     commissioner shall adopt rules under which a health maintenance
8-53     organization may determine whether a claim is a duplicate claim. [A
8-54     physician or provider for medical care or health care services
8-55     under a health care plan may obtain acknowledgment of receipt of a
8-56     claim for medical care or health care services under a health care
8-57     plan by submitting the claim by United States mail, return receipt
8-58     requested.  A health maintenance organization or the contracted
8-59     clearinghouse of the health maintenance organization that receives
8-60     a claim electronically shall acknowledge receipt of the claim by an
8-61     electronic transmission to the physician or provider and is not
8-62     required to acknowledge receipt of the claim by the health
8-63     maintenance organization in writing.]
8-64           (c)  A physician or provider shall, as appropriate:
8-65                 (1)  mail a claim to the health maintenance
8-66     organization identified in the verification by United States mail,
8-67     first class, or by overnight delivery service, and maintain a log
8-68     of mailed claims that includes the provider's I.D. and the address
8-69     of the health maintenance organization and include a copy of the
 9-1     log with the claim;
 9-2                 (2)  submit the claim electronically and maintain a log
 9-3     of electronically submitted claims;
 9-4                 (3)  fax the claim and maintain a log of all faxed
 9-5     claims; or
 9-6                 (4)  hand deliver the claim and maintain a log of all
 9-7     hand-delivered claims.
 9-8           (d)  If a claim for medical care or health care services
 9-9     provided to a patient is mailed, the claim is presumed to have been
9-10     received by the health maintenance organization on the third day
9-11     after the date the claim is mailed or, if the claim is mailed using
9-12     overnight service or return receipt requested, on the date the
9-13     delivery receipt is signed.  If the claim is submitted
9-14     electronically, the claim is presumed to have been received on the
9-15     date of the electronic verification of receipt by the health
9-16     maintenance organization or the health maintenance organization's
9-17     clearinghouse.  If the health maintenance organization or the
9-18     health maintenance organization's clearinghouse does not provide a
9-19     confirmation within 24 hours of submission by the physician or
9-20     provider, the physician's or provider's clearinghouse shall provide
9-21     the confirmation.  The physician's or provider's clearinghouse must
9-22     be able to verify that the filing contained the correct information
9-23     needed for the electronic submission to be processed by the health
9-24     maintenance organization or the health maintenance organization's
9-25     clearinghouse, including the correct address of the entity to
9-26     receive the filing.  If the claim is faxed, the claim is presumed
9-27     to have been received on the date of the transmission
9-28     acknowledgment.  If the claim is hand delivered, the claim is
9-29     presumed to have been received on the date the delivery receipt is
9-30     signed.  The commissioner shall promulgate a form to be submitted
9-31     by the physician or provider which easily identifies all claims
9-32     included in each filing which can be utilized by the physician or
9-33     provider as their log.
9-34           (e)  Not later than the 45th day after the date that the
9-35     health maintenance organization receives a clean claim from a
9-36     physician or provider, the health maintenance organization shall
9-37     make a determination of whether the claim is eligible for payment
9-38     and:
9-39                 (1)  if the health maintenance organization determines
9-40     the entire claim is eligible for payment, pay the total amount of
9-41     the claim in accordance with the contract between the physician or
9-42     provider and the health maintenance organization;
9-43                 (2)  if the health maintenance organization determines
9-44     a portion of the claim is eligible for payment, pay the portion of
9-45     the claim that is not in dispute and notify the physician or
9-46     provider in writing why the remaining portion of the claim will not
9-47     be paid; or
9-48                 (3)  if the health maintenance organization determines
9-49     that the claim is not eligible for payment, notify the physician or
9-50     provider in writing why the claim will not be paid.
9-51           (f)  Not later than the 21st day after the date a health
9-52     maintenance organization or the health maintenance organization's
9-53     designated agent affirmatively adjudicates a pharmacy claim that is
9-54     electronically submitted, the health maintenance organization
9-55     shall:
9-56                 (1)  pay the total amount of the claim; or
9-57                 (2)  notify the pharmacy provider of the reasons for
9-58     denying payment of the claim.
9-59           (g)  A health maintenance organization that determines that a
9-60     claim is eligible for payment and does not pay the claim on or
9-61     before the 45th day after the date the health maintenance
9-62     organization receives a clean claim under Subsection (e) of this
9-63     section or the 15th day after the date the insurer receives a
9-64     requested attachment in accordance with Subsection (j) of this
9-65     section commits an unfair claim settlement practice in violation of
9-66     Article 21.21-2, Insurance Code, and is subject to an
9-67     administrative penalty under Chapter 84, Insurance Code.  The
9-68     health maintenance organization shall pay the physician or provider
9-69     making the claim the full amount of billed charges submitted on the
 10-1    claim and interest on the billed charges at a rate of 15 percent
 10-2    annually, except that the health maintenance organization is not
 10-3    required to pay a physician or provider with whom the health
 10-4    maintenance organization has a contract and who submits the claim
 10-5    using a form described by Section 18D(a) of this Act an amount of
 10-6    billed charges that exceeds the amount billable under a fee
 10-7    schedule provided by the physician or provider to the health
 10-8    maintenance organization on or before the 30th day after the date
 10-9    the physician or provider enters into the contract with the health
10-10    maintenance organization.  The physician or provider may modify the
10-11    fee schedule if the physician or provider notifies the health
10-12    maintenance organization of the modification on or before the 90th
10-13    day before the date the modification takes effect.
10-14          (h)  The investigation and determination of eligibility for
10-15    payment, including any coordination of other payments, does not
10-16    extend the period for determining whether a claim is eligible for
10-17    payment under Subsection (e) of this section [(d)  If a
10-18    prescription benefit claim is electronically adjudicated and
10-19    electronically paid, and the health maintenance organization or its
10-20    designated agent authorizes treatment, the claim must be paid not
10-21    later than the 21st day after the treatment is authorized].
10-22          (i)  Except as provided by Subsection (j) of this section, if
10-23    [(e)  If] the health maintenance organization [acknowledges
10-24    coverage of an enrollee under the health care plan but] intends to
10-25    audit the physician or provider claim, the health maintenance
10-26    organization shall pay the charges submitted at 85 percent of the
10-27    contracted rate on the claim not later than the 45th day after the
10-28    date that the health maintenance organization receives the claim
10-29    from the physician or provider.  The health maintenance
10-30    organization shall complete [Following completion of] the audit,
10-31    and any additional payment due a physician or provider or any
10-32    refund due the health maintenance organization shall be made not
10-33    later than the 90th [30th] day after the receipt of a claim or 45
10-34    days after receipt of a requested attachment from the physician or
10-35    provider, whichever is later [later of the date that:]
10-36                [(1)  the physician or provider receives notice of the
10-37    audit results; or]
10-38                [(2)  any appeal rights of the enrollee are exhausted].
10-39          (j)  If a health maintenance organization needs additional
10-40    information from a treating physician or provider to determine
10-41    eligibility for payment, the health maintenance organization, not
10-42    later than the 30th calendar day after the date the health
10-43    maintenance organization receives a clean claim, shall request in
10-44    writing that the physician or provider provide any attachment to
10-45    the claim the health maintenance organization desires in good faith
10-46    for clarification of the claim.  The request must describe with
10-47    specificity the clinical information requested and relate only to
10-48    information the health maintenance organization can demonstrate is
10-49    specific to the claim or the claim's related episode of care.  A
10-50    health maintenance organization that requests an attachment under
10-51    this subsection shall determine whether the claim is eligible for
10-52    payment on or before the later of the 15th day after the date the
10-53    health maintenance organization receives the requested attachment
10-54    or the latest date for determining whether the claim is eligible
10-55    for payment under Subsection (e) of this section.  A health
10-56    maintenance organization may not make more than one request under
10-57    this subsection in connection with a claim. Subsections (c) and (d)
10-58    of this section apply to a request for and submission of an
10-59    attachment under this subsection.
10-60          (k)  If a health maintenance organization requests an
10-61    attachment or other information from a person other than the
10-62    physician or provider who submitted the claim, the health
10-63    maintenance organization shall provide a copy of the request to the
10-64    physician or provider who submitted the claim.  The health
10-65    maintenance organization may not withhold payment pending receipt
10-66    of an attachment or information requested under this subsection.
10-67    If on receiving an attachment or information requested under this
10-68    subsection the health maintenance organization determines an error
10-69    in payment of the claim, the health maintenance organization may
 11-1    recover under Section 18E of this Act.
 11-2          (l)  The commissioner shall adopt rules under which a health
 11-3    maintenance organization can easily identify attachments or
 11-4    information submitted by a physician or provider.
 11-5          (m) [(f)  A health maintenance organization that violates
 11-6    Subsection (c) or (e) of this section is liable to a physician or
 11-7    provider for the full amount of billed charges submitted on the
 11-8    claim or the amount payable under the contracted penalty rate, less
 11-9    any amount previously paid or any charge for a service that is not
11-10    covered by the health care plan.]
11-11          [(g)]  A physician or provider may recover reasonable
11-12    attorney's fees and court costs in an action to recover payment
11-13    under this section.
11-14          (n) [(h)]  In addition to any other penalty or remedy
11-15    authorized by the Insurance Code or another insurance law of this
11-16    state, a health maintenance organization that violates Subsection
11-17    (e) [(c)] or (i) [(e)] of this section is subject to an
11-18    administrative penalty under Article 1.10E, Insurance Code.  The
11-19    administrative penalty imposed under that article may not exceed
11-20    $1,000 for each day the claim remains unpaid in violation of
11-21    Subsection (e) [(c)] or (i) [(e)] of this section.
11-22          (o) [(i)]  The health maintenance organization shall provide
11-23    a participating physician or provider with copies of all applicable
11-24    utilization review policies and claim processing policies or
11-25    procedures[, including required data elements and claim formats].
11-26          (p) [(j)  A health maintenance organization may, by contract
11-27    with a physician or provider, add or change the data elements that
11-28    must be submitted with the physician or provider claim.]
11-29          [(k)  Not later than the 60th day before the date of an
11-30    addition or change in the data elements that must be submitted with
11-31    a claim or any other change in a health maintenance organization's
11-32    claim processing and payment procedures, the health maintenance
11-33    organization shall provide written notice of the addition or change
11-34    to each participating physician or provider.]
11-35          [(l)  This section does not apply to a claim made by a
11-36    physician or provider who is a member of the legislature.]
11-37          [(m)]  This section does not apply to a capitation payment
11-38    required to be made to a physician or provider under an agreement
11-39    to provide medical care or health care services under a health care
11-40    plan.
11-41          (q) [(n)]  This section applies to a person with whom a
11-42    health maintenance organization contracts to process claims or to
11-43    obtain the services of physicians and providers to provide health
11-44    care services to health care plan enrollees.
11-45          (r) [(o)]  The commissioner may adopt rules as necessary to
11-46    implement this section.
11-47          (s)  Except as provided by Subsection (b) of this section,
11-48    the provisions of this section may not be waived, voided, or
11-49    nullified by contract.
11-50          SECTION 6. The Texas Health Maintenance Organization Act
11-51    (Chapter 20A, Vernon's Texas Insurance Code) is amended by adding
11-52    Sections 18D-18L, 40, and 41 to read as follows:
11-53          Sec. 18D.  ELEMENTS OF CLEAN CLAIM.  (a)  A claim by a
11-54    physician or provider, other than an institutional provider, is a
11-55    "clean claim" if the claim is submitted using Health Care Financing
11-56    Administration Form 1500 or a successor to that form developed by
11-57    the National Uniform Billing Committee or its successor and adopted
11-58    by the commissioner by rule for the purposes of this subsection
11-59    that is submitted to a health maintenance organization for payment
11-60    and that contains the information required by the commissioner by
11-61    rule for the purposes of this subsection entered into the
11-62    appropriate fields on the form.
11-63          (b)  A claim by an institutional provider is a "clean claim"
11-64    if the claim is submitted using Health Care Financing
11-65    Administration Form UB-92 or a successor to that form developed by
11-66    the National Uniform Billing Committee or its successor and adopted
11-67    by the commissioner by rule for the purposes of this subsection
11-68    that is submitted to a health maintenance organization for payment
11-69    and that contains the information required by the commissioner by
 12-1    rule for the purposes of this subsection entered into the
 12-2    appropriate fields on the form.
 12-3          (c)  A health maintenance organization may require any data
 12-4    element that is required in an electronic transaction set needed to
 12-5    comply with federal law.  A health maintenance organization may not
 12-6    require a physician or provider to provide information other than
 12-7    information for a data field included on the form used for a clean
 12-8    claim under Subsection (a)  or (b) of this section, as applicable.
 12-9          (d)  A claim submitted by a physician or provider that
12-10    includes additional fields, data elements, attachments, or other
12-11    information not required under this section is considered to be a
12-12    clean claim for the purposes of this section.
12-13          (e)  Except as provided by this section, the provisions of
12-14    this section may not be waived, voided, or nullified by contract.
12-15          Sec. 18E.  OVERPAYMENT.  A health maintenance organization
12-16    may recover an overpayment to a physician or provider if:
12-17                (1)  not later than the 180th day after the date the
12-18    physician or provider receives the payment, the health maintenance
12-19    organization provides written notice of the overpayment to the
12-20    physician or provider that includes the basis and specific reasons
12-21    for the request for recovery of funds; and
12-22                (2)  the physician or provider does not make
12-23    arrangements for repayment of the requested funds on or before the
12-24    45th day after the date the physician or provider receives the
12-25    notice.
12-26          Sec. 18F.  VERIFICATION OF ELIGIBILITY FOR PAYMENT.  (a)  On
12-27    the request of a physician or provider for verification of the
12-28    payment eligibility of a particular medical care or health care
12-29    service the physician or provider proposes to provide to a
12-30    particular patient, the health maintenance organization shall
12-31    inform the physician or provider whether the service, if provided
12-32    to that patient, is eligible for payment from the health
12-33    maintenance organization to the physician or provider.
12-34          (b)  A health maintenance organization shall provide
12-35    verification under this section between 6 a.m. and 6 p.m. central
12-36    standard time on each day that is not a legal holiday.
12-37          (c)  Verification under this section shall be made in good
12-38    faith and without delay.
12-39          (d)  A health maintenance organization that declines to
12-40    provide a verification of eligibility for payment shall notify the
12-41    physician or provider who requested the verification of the
12-42    specific reason the verification was not provided.
12-43          (e)  A health maintenance organization may establish a time
12-44    certain for the validity of verification.
12-45          (f)  If a health maintenance organization has verified
12-46    medical care or health care services, the health maintenance
12-47    organization may not deny or reduce payment to a physician or
12-48    health care provider for those services unless:
12-49                (1)  the physician or provider has materially
12-50    misrepresented the proposed medical or health care services or has
12-51    substantially failed to perform the proposed medical or health care
12-52    services;
12-53                (2)  the health maintenance organization provides a
12-54    disclaimer stating that benefits are subject to contract
12-55    limitations and exclusions and that verification does not
12-56    constitute a guarantee of payment; or
12-57                (3)  the health maintenance organization certifies in
12-58    writing:
12-59                      (A)  that the physician or provider is not
12-60    contractually obligated to provide services to the patient because
12-61    the patient's enrollment in the health plan was terminated;
12-62                      (B)  the health maintenance organization was
12-63    notified on or before the 30th day after the date the patient's
12-64    enrollment ended; and
12-65                      (C)  the physician or provider was notified that
12-66    the patient's enrollment was terminated on or before the 30th day
12-67    after the date of verification under this section.
12-68          (g)  The provisions of this section may not be waived,
12-69    voided, or nullified by contract.
 13-1          Sec. 18G.  COORDINATION OF PAYMENT BENEFITS. (a)  A health
 13-2    maintenance organization may require a physician or provider to
 13-3    retain in the physician's or provider's records updated information
 13-4    concerning other health benefit plan coverage and to provide the
 13-5    information to the  health maintenance organization on the
 13-6    applicable form described by Section 18D of this Act. Except as
 13-7    provided by this subsection, a health maintenance organization may
 13-8    not require a physician or provider to investigate coordination of
 13-9    other health benefit plan coverage.
13-10          (b)  Coordination of other payment under this section does
13-11    not extend the period for determining whether a service is eligible
13-12    for payment under Section 18B(e) of this Act.
13-13          (c)  A physician or provider who submits a claim for
13-14    particular medical care or health care services to more than one
13-15    health maintenance organization or insurer shall  provide written
13-16    notice on the claim submitted to each health maintenance
13-17    organization or insurer of the identity of each other health
13-18    maintenance organization or insurer with which the same claim is
13-19    being filed.
13-20          (d)  On receipt of notice under Subsection (c) of this
13-21    section, a health maintenance organization shall coordinate and
13-22    determine the appropriate payment for each health maintenance
13-23    organization or insurer to make to the physician or provider.
13-24          (e)  If a health maintenance organization is a secondary
13-25    payor and pays a portion of a claim that should have been paid by
13-26    the health maintenance organization or insurer that is the primary
13-27    payor, the overpayment may be recovered from the health maintenance
13-28    organization or insurer that is primarily responsible for that
13-29    amount.
13-30          (f)  If the portion of the claim overpaid by the secondary
13-31    health maintenance organization was also paid by the primary health
13-32    maintenance organization or insurer, the secondary health
13-33    maintenance organization may recover the amount of the overpayment
13-34    under Section 18E of this Act from the physician or provider who
13-35    received the payment.
13-36          (g)  A health maintenance organization may share information
13-37    with another health maintenance organization or insurer to the
13-38    extent necessary to coordinate appropriate payment obligations on a
13-39    specific claim.
13-40          (h)  The provisions of this section may not be waived,
13-41    voided, or nullified by contract.
13-42          Sec. 18H.  PREAUTHORIZATION OF MEDICAL AND HEALTH CARE
13-43    SERVICES. (a)  A health maintenance organization that uses a
13-44    preauthorization process for medical care and health care services
13-45    shall provide each participating physician or provider, not later
13-46    than the 10th working day after the date a request is made, a list
13-47    of the medical care and health care services that do not require
13-48    preauthorization and information concerning the preauthorization
13-49    process.
13-50          (b)  If proposed medical care or health care services require
13-51    preauthorization by a health maintenance organization as a
13-52    condition of the health maintenance organization's payment to a
13-53    physician or provider, the health maintenance organization shall
13-54    determine whether the medical care or health care services proposed
13-55    to be provided to the enrollee are medically necessary and
13-56    appropriate.
13-57          (c)  On receipt of a request from a physician or provider for
13-58    preauthorization required by the health maintenance organization,
13-59    the health maintenance organization shall review and issue a
13-60    determination indicating whether the services are preauthorized.
13-61    The determination must be mailed or otherwise transmitted not later
13-62    than the third calendar day after the date the request is received
13-63    by the insurer.
13-64          (d)  If the proposed medical care or health care services
13-65    involve inpatient care, the determination issued by the health
13-66    maintenance organization must be provided within one calendar day
13-67    of the request by telephone or electronic transmission to the
13-68    physician or provider of record and followed by written notice to
13-69    the physician or provider on or before the third day after the date
 14-1    of the request and must specify an approved length of stay for
 14-2    admission into a health care facility.
 14-3          (e)  If the health maintenance organization has preauthorized
 14-4    medical care or health care services, the health maintenance
 14-5    organization may not deny or reduce payment to the physician or
 14-6    provider for those services unless:
 14-7                (1)  the physician or provider has misrepresented the
 14-8    proposed medical or health care services or has substantially
 14-9    failed to perform the proposed medical or health care services;
14-10                (2)  the patient was no longer eligible for coverage at
14-11    the time the services were provided; or
14-12                (3)  the services were subject to a contractual
14-13    exclusion or limitation that the health maintenance organization
14-14    could not determine before the health maintenance organization
14-15    received the claim.
14-16          (f)  This section applies to an agent or other person with
14-17    whom a health maintenance organization contracts to perform, or to
14-18    whom the health maintenance organization delegates the performance
14-19    of, preauthorization of proposed medical care or health care
14-20    services.
14-21          (g)  The provisions of this section may not be waived,
14-22    voided, or nullified by contract.
14-23          Sec. 18I.  SERVICES PROVIDED BY CERTAIN PHYSICIANS AND
14-24    PROVIDERS. The provisions of this Act relating to prompt payment by
14-25    a health maintenance organization of a physician or provider and to
14-26    preauthorization of medical care or health care services apply to a
14-27    physician or provider who:
14-28                (1)  is not included in the health maintenance
14-29    organization delivery network; and
14-30                (2)  provides to an enrollee:
14-31                      (A)  care related to an emergency or its
14-32    attendant episode of care as required by state or federal law; or
14-33                      (B)  specialty or other medical care or health
14-34    care services at the request of the health maintenance organization
14-35    or a physician or provider who is included in the health
14-36    maintenance organization delivery network because the services are
14-37    not reasonably available within the network.
14-38          Sec. 18J.  AVAILABILITY OF CODING GUIDELINES. (a)  A contract
14-39    between a health maintenance organization and a physician or
14-40    provider must provide that:
14-41                (1)  the physician or provider may request a
14-42    description of the coding guidelines, including any underlying
14-43    bundling, recoding, or other payment process and fee schedules
14-44    applicable to specific procedures that the physician or provider
14-45    will receive under the contract;
14-46                (2)  the health maintenance organization will provide
14-47    the coding guidelines and fee schedules not later than the 30th day
14-48    after the date the health maintenance organization receives the
14-49    request;
14-50                (3)  the health maintenance organization will provide
14-51    notice of material changes to the coding guidelines and fee
14-52    schedules not later than the 90th day before the date the changes
14-53    take effect and will not make retroactive revisions to the coding
14-54    guidelines and fee schedules; and
14-55                (4)  the contract may be terminated by the physician or
14-56    provider on or before the 30th day after the date the physician or
14-57    provider receives information requested under this subsection
14-58    without penalty or discrimination in participation in other health
14-59    care products or plans.
14-60          (b)  A physician or provider who receives information under
14-61    Subsection (a) of this section may use or disclose the information
14-62    only for the purpose of practice management, billing activities, or
14-63    other business operations.
14-64          (c)  Nothing in this section shall be interpreted to require
14-65    a health maintenance organization to violate copyright or other law
14-66    by disclosing proprietary software that the health maintenance
14-67    organization has licensed.  In addition to the above, the health
14-68    maintenance organization shall, on request of the physician or
14-69    provider, provide the name, edition, and model version of the
 15-1    software that the health maintenance organization uses to determine
 15-2    bundling and unbundling of claims.
 15-3          (d)  The provisions of this section may not be waived,
 15-4    voided, or nullified by contract.
 15-5          Sec. 18K.  DISPUTE RESOLUTION.  (a)  A health maintenance
 15-6    organization may not require by contract or otherwise the use of a
 15-7    dispute resolution procedure or binding arbitration with a
 15-8    physician or provider. This subsection does not prohibit a health
 15-9    maintenance organization from offering a dispute resolution
15-10    procedure or binding arbitration to resolve a dispute if the health
15-11    maintenance organization and the physician or provider consent to
15-12    the process after the dispute arises.  This subsection may not be
15-13    construed to conflict with any applicable appeal mechanisms
15-14    required by law or any rights of a health maintenance organization
15-15    or physician or provider under the Federal Arbitration Act (9
15-16    U.S.C. Section 1 et seq.).
15-17          (b)  The provisions of this section may not be waived,
15-18    voided, or nullified by contract.
15-19          Sec. 18L.  AUTHORITY OF ATTORNEY GENERAL.  (a)  In addition
15-20    to any other remedy available for a violation of this Act, the
15-21    attorney general may take action and seek remedies available under
15-22    Section 15, Article 21.21, Insurance Code, and Sections 17.58,
15-23    17.60, 17.61, and 17.62, Business & Commerce Code, for a violation
15-24    of Section 14 or 18B of this Act.
15-25          (b)  If the attorney general has good cause to believe that a
15-26    physician or provider has failed in good faith to repay a health
15-27    maintenance organization under Section 18E of this Act, the
15-28    attorney general may:
15-29                (1)  bring an action to compel the physician or
15-30    provider to repay the health maintenance organization;
15-31                (2)  on the finding of a court that the physician or
15-32    provider has violated Section 18E, impose a civil penalty of not
15-33    more than $10,000 for each violation; and
15-34                (3)  recover court costs and attorney's fees.
15-35          (c)  If the attorney general has good cause to believe that a
15-36    physician or provider is or has improperly used or disclosed
15-37    information received by the physician or provider under Section 18J
15-38    of this Act, the attorney general may:
15-39                (1)  bring an action seeking an injunction against the
15-40    physician or provider to restrain the improper use or disclosure of
15-41    information;
15-42                (2)  on the finding of a court that the physician or
15-43    provider has violated Section 18J, impose a civil penalty of not
15-44    more than $10,000 for each violation; and
15-45                (3)  recover court costs and attorney's fees.
15-46          Sec. 40.  CONFLICT WITH OTHER LAW.  To the extent of any
15-47    conflict between this Act and Article 21.52C, Insurance Code, this
15-48    Act controls.
15-49          Sec. 41.  APPLICATION OF CERTAIN PROVISIONS UNDER MEDICAID.
15-50    A provision of this Act may not be interpreted as requiring a
15-51    health maintenance organization, physician, or provider, in
15-52    providing benefits or services under the state Medicaid program,
15-53    to:
15-54                (1)  use billing forms or codes that are inconsistent
15-55    with those required under the state Medicaid program;
15-56                (2)  make determinations relating to medical necessity
15-57    or appropriateness or eligibility for coverage in a manner
15-58    different than that required under the state Medicaid program; or
15-59                (3)  reimburse physicians or providers for services
15-60    rendered to a person who was not eligible to receive benefits for
15-61    such services under the state Medicaid program.
15-62          SECTION 7. Subchapter E, Chapter 21, Insurance Code, is
15-63    amended by adding Article 21.52K to read as follows:
15-64          Art. 21.52K.  ELECTRONIC HEALTH CARE TRANSACTIONS
15-65          Sec. 1.  HEALTH BENEFIT PLAN DEFINED. (a)  In this article,
15-66    "health benefit plan" means a plan that provides benefits for
15-67    medical, surgical, or other treatment expenses incurred as a result
15-68    of a health condition, a mental health condition, an accident,
15-69    sickness, or substance abuse, including an individual, group,
 16-1    blanket, or franchise insurance policy or insurance agreement, a
 16-2    group hospital service contract, or an individual or group evidence
 16-3    of coverage or similar coverage document that is offered by:
 16-4                (1)  an insurance company;
 16-5                (2)  a group hospital service corporation operating
 16-6    under Chapter 20 of this code;
 16-7                (3)  a fraternal benefit society operating under
 16-8    Chapter 10 of this code;
 16-9                (4)  a stipulated premium insurance company operating
16-10    under Chapter 22 of this code;
16-11                (5)  a reciprocal exchange operating under Chapter 19
16-12    of this code;
16-13                (6)  a health maintenance organization operating under
16-14    the Texas Health Maintenance Organization Act (Chapter 20A,
16-15    Vernon's Texas Insurance Code);
16-16                (7)  a multiple employer welfare arrangement that holds
16-17    a certificate of authority under Article 3.95-2 of this code; or
16-18                (8)  an approved nonprofit health corporation that
16-19    holds a certificate of authority under Article 21.52F of this code.
16-20          (b)  The term includes:
16-21                (1)  a small employer health benefit plan written under
16-22    Chapter 26 of this code; and
16-23                (2)  a health benefit plan offered under the Texas
16-24    Employees Uniform Group Insurance Benefits Act (Article 3.50-2,
16-25    Vernon's Texas Insurance Code), the Texas State College and
16-26    University Employees Uniform Insurance Benefits Act (Article
16-27    3.50-3, Vernon's Texas Insurance Code), or Article 3.50-4 of this
16-28    code.
16-29          Sec. 2.  ELECTRONIC SUBMISSION OF CLAIMS AND ENCOUNTER
16-30    INFORMATION REQUIRED.  If a health care professional licensed under
16-31    the Occupations Code or a health care facility licensed under the
16-32    Health and Safety Code accepts a patient enrolled in a health
16-33    benefit plan, the health care professional or facility shall submit
16-34    a health claim or equivalent encounter information, a referral
16-35    certification, or an authorization or eligibility transaction
16-36    electronically using standards for electronic transactions
16-37    established by the United States Department of Health and Human
16-38    Services under Subtitle F, Title II, Health Insurance Portability
16-39    and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.),
16-40    as amended.
16-41          Sec. 3.  TIME FOR IMPLEMENTATION OF ELECTRONIC TRANSACTION
16-42    REQUIREMENTS; WAIVER. (a)  The department shall establish a
16-43    timetable for compliance with Section 2 of this article.  The
16-44    timetable may not require compliance before a compliance date
16-45    established by the United States Department of Health and Human
16-46    Services or any other federal law or regulation for the use of
16-47    standards for electronic transactions established by the United
16-48    States Department of Health and Human Services under Subtitle F,
16-49    Title II, Health Insurance Portability and Accountability Act of
16-50    1996 (42 U.S.C. Section 1320d et seq.), as amended.
16-51          (b)  The timetable for implementation established under this
16-52    section shall provide for extensions or temporary waivers for
16-53    identified health care professionals if the commissioner determines
16-54    that compliance with the timetable will result in an undue hardship
16-55    on health care professionals in rural areas or with other special
16-56    circumstances that justify an extension or waiver.
16-57          (c)  Not later than six months before the compliance date
16-58    established under Subsection (a)  of this section, the commissioner
16-59    shall adopt an application and review process for obtaining an
16-60    extension or waiver under Subsection (b) of this section.
16-61          (d)  The department shall submit a report to the governor and
16-62    the legislature on or before the first anniversary of the
16-63    compliance date established under Subsection (a)  of this section
16-64    and at least annually afterward on the number of extensions or
16-65    temporary waivers granted under Subsection (b) of this section, the
16-66    reasons for those extensions or temporary waivers, and the
16-67    timetable established by the commissioner for compliance by the
16-68    recipients of those extensions or temporary waivers.
16-69          Sec. 4.  CERTAIN CHARGES TO ENROLLEE PROHIBITED.  A health
 17-1    care professional or facility may not hold a person enrolled in a
 17-2    health benefit plan responsible for a service fee paid by the
 17-3    professional or facility for adjudication of a paper claim.
 17-4          SECTION 8. (a)  The changes in law made by this Act relating
 17-5    to payment of a physician or health care provider for medical or
 17-6    health care services apply only to payment for services provided on
 17-7    or after the effective date of this Act.
 17-8          (b)  The changes in law made by this Act relating to a
 17-9    contract between a physician or health care provider and an insurer
17-10    or health maintenance organization apply only to a contract entered
17-11    into or renewed on or after the effective date of this Act.
17-12          SECTION 9. This Act takes effect January 1, 2002.
17-13                                 * * * * *