By Averitt                                            H.B. No. 1867
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the fair marketing of health benefit plans.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. SUBCHAPTER G., Chapter 26, Article 26.71(a),
 1-5     Insurance Code, is amended to read as follows and Article 26.71 is
 1-6     further amended by adding subsection(c):
 1-7           (a)  Each small employer carrier shall market the small
 1-8     employer health benefit plans through any willing [properly
 1-9     licensed] agent[s] to eligible small employers in this state.  Any
1-10     agent licensed in this state may solicit, negotiate, or effect
1-11     applications for small employer health benefit plans with any small
1-12     employer carrier lawfully doing business in this state other than a
1-13     small employee carrier such agent is licensed to represent, if such
1-14     agent requests appointment with such small employer carrier
1-15     simultaneously with the submission to such small employer carrier
1-16     of the application for small employer health benefit plans
1-17     solicited by him or it.  However, no commissions shall be paid by
1-18     such small employer carrier to the agent until such time as notice
1-19     of appointment with respect to such agent has been given to the
1-20     Commissioner pursuant to the provisions of Article 21.07-1 Section
1-21     8., Subsection (a) of this Code.  Each small employer purchasing a
1-22     small employer health benefit plan shall be given a summary of the
 2-1     benefit plans established by the commissioner under Subchapter E of
 2-2     this chapter.  The commissioner shall prescribe the format of the
 2-3     summary.  The agent shall offer and explain each of the plans to
 2-4     the small employer on inquiry and request by the small employer.
 2-5           (c)  A group model health maintenance organization that is a
 2-6     nonprofit, state-certified health maintenance organization that
 2-7     provides the majority of its professional services through a single
 2-8     group medical practice that is governed by a board composed
 2-9     entirely of physicians through a contract with the medical school
2-10     component of a Texas state-supported college or university by the
2-11     Accrediting Council on Graduate Medical Education or the American
2-12     Osteopathic Association shall be exempt from the requirement of
2-13     Subsection (a) of this article to market it's health benefit plans
2-14     through any willing agent.
2-15           SECTION 2.  SUBCHAPTER G., Chapter 26, Article 26.73(b),
2-16     Insurance Code, is amended to read as follows:
2-17           (b)  A small employer carrier may not terminate, fail to
2-18     renew, or limit its contract or agreement of representation with an
2-19     agent for any reason related to the health status or claim
2-20     experience of a small employer group placed by the agent with the
2-21     carrier or for any reason other than fraud or an intentional
2-22     misrepresentation of a material fact unless the carrier and agent
2-23     mutually agree.
2-24           SECTION 3.  SUBCHAPTER G., Chapter 26, Article 26.93,
2-25     Insurance Code, is amended to read as follows:
2-26           (a)  A large employer carrier may not terminate, fail to
 3-1     renew, or limit its contract or agreement of representation with an
 3-2     agent because of any health status related factors of a large
 3-3     employer group placed by the agent with the carrier or for any
 3-4     reason other than fraud or an intentional misrepresentation of a
 3-5     material fact unless the carrier and agent mutually agree.
 3-6           (b)  Each large employer carrier shall market the large
 3-7     employer health benefit plans through any willing agent to eligible
 3-8     large employers in this state.  Any agent licensed in this state
 3-9     may solicit, negotiate, or effect applications for large employer
3-10     health benefit plans with any large employer carrier lawfully doing
3-11     business in this state other than a large employer carrier such
3-12     agent is licensed to represent, if such agent requests appointment
3-13     with such large employer carrier simultaneously with the submission
3-14     to such large employer carrier of the application for large
3-15     employer health benefit plans solicited by him or it.  However, no
3-16     commissions shall be paid by such large employer carrier to the
3-17     agent until such time as notice of appointment with respect to such
3-18     agent has been given to the Commissioner pursuant to the provisions
3-19     of Article 21.07-1 Section 8., Subsection (a) of this Code.
3-20           (c)  A group model health maintenance organization that is a
3-21     nonprofit, state-certified health maintenance organization that
3-22     provides the majority of its professional services through a single
3-23     group medical practice that is governed by a board composed
3-24     entirely of physicians through a contract with the medical school
3-25     component of a Texas state-supported college or university by the
3-26     Accrediting Council on Graduate Medical Education or the American
 4-1     Osteopathic Association shall be exempt from the requirement of
 4-2     Subsection (b) of this article to market it's health benefit plans
 4-3     through any willing agent.
 4-4           SECTION 4.  This Act takes effect September 1, 2001, and
 4-5     applies only to a health benefit plan that is delivered, issued for
 4-6     delivery, or renewed on or after January 1, 2002.  A health benefit
 4-7     plan that is delivered, issued for delivery, or renewed before
 4-8     January 1, 2002, is governed by the law as it existed immediately
 4-9     before the effective date of this Act, and that law is continued in
4-10     effect for that purpose.