By Haggerty, Oliveira, Gallego, Solis,                H.B. No. 2498
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain cross-border health care plans offered by
 1-3     health maintenance organizations.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Title 1, Insurance Code, is amended by adding
 1-6     Chapter 20B to read as follows:
 1-7                 CHAPTER 20B.  CROSS-BORDER HEALTH CARE PLAN
 1-8           Art. 20B.01.  SHORT TITLE. This chapter may be cited as the
 1-9     Cross-Border Health Care Plan Act.
1-10           Art. 20B.02.  DEFINITIONS. In this chapter:
1-11                 (1)  "Basic health care services" means health care
1-12     services that the commissioner determines an enrolled population
1-13     might reasonably require in order to be maintained in good health,
1-14     including any services required by the applicable laws of the
1-15     United Mexican States.
1-16                 (2)  "Cross-border health care plan" means a health
1-17     care plan that is offered or made available to the categories of
1-18     persons described by Article 20B.03 of this code and that is
1-19     provided through a health maintenance organization delivery network
1-20     based exclusively on physicians, providers, or other health
1-21     maintenance organizations located in the United Mexican States.
1-22                 (3)  "Emergency care" means health care services
1-23     provided in a hospital emergency facility or comparable facility to
1-24     evaluate and stabilize medical conditions of a recent onset and
1-25     severity, including severe pain, that would lead a prudent
 2-1     layperson, possessing an average knowledge of medicine and health,
 2-2     to believe that the individual's condition, sickness, or injury is
 2-3     of such a nature that failure to get immediate medical care could
 2-4     result in:
 2-5                       (A)  placing the patient's health in serious
 2-6     jeopardy;
 2-7                       (B)  serious impairment to bodily functions;
 2-8                       (C)  serious dysfunction of any bodily organ or
 2-9     part;
2-10                       (D)  serious disfigurement; or
2-11                       (E)  in the case of a pregnant woman, serious
2-12     jeopardy to the health of the fetus.
2-13                 (4)  "Enrollee" means an individual who is enrolled in
2-14     a health care plan, including covered dependents.
2-15                 (5)  "Health care plan" means a plan under which a
2-16     person undertakes to provide, arrange for, pay for, or reimburse
2-17     any part of the cost of any health care services if a part of the
2-18     plan consists of providing or arranging for health care services on
2-19     a prepaid basis through insurance or otherwise, as distinguished
2-20     from indemnification against the cost of the service.
2-21                 (6)  "Health care services" means services provided to
2-22     an individual to prevent, alleviate, cure, or heal human illness or
2-23     injury. The term includes:
2-24                       (A)  pharmaceutical services;
2-25                       (B)  medical, chiropractic, or dental care;
2-26                       (C)  hospitalization; and
2-27                       (D)  care or services incidental to the health
 3-1     care services described by Paragraphs (A)-(C).
 3-2                 (7)  "Health maintenance organization" means a person
 3-3     or entity that arranges for or provides a health care plan to
 3-4     enrollees on a prepaid basis.
 3-5                 (8)  "Health maintenance organization delivery network"
 3-6     means a health care delivery system in which a health maintenance
 3-7     organization arranges for health care services directly or
 3-8     indirectly through contracts and subcontracts with providers and
 3-9     physicians.
3-10           Art. 20B.03.  ELIGIBILITY FOR COVERAGE. A cross-border health
3-11     care plan may only be offered or made available to the following
3-12     persons and their dependents:
3-13                 (1)  a citizen of the United Mexican States who works
3-14     or resides within 62 miles of the border of this state and the
3-15     United Mexican States; or
3-16                 (2)  a resident of the United Mexican States who works
3-17     within 62 miles of the border of this state and the United Mexican
3-18     States.
3-19           Art. 20B.04.  COVERAGE OFFERED. (a)  A health maintenance
3-20     organization licensed to provide basic health care services under
3-21     the Texas Health Maintenance Organization Act (Chapter 20A,
3-22     Vernon's Texas Insurance Code) may offer a cross-border health care
3-23     plan to individuals or to small employers or large employers, as
3-24     those terms are defined by Article 26.02 of this code.  In
3-25     arranging for or providing a cross-border health care plan, a
3-26     health maintenance organization has all of the powers and authority
3-27     granted under Section 6, Texas Health Maintenance Organization Act
 4-1     (Article 20A.06, Vernon's Texas Insurance Code).
 4-2           (b)  A cross-border health care plan may limit its service
 4-3     area to a geographic region within the United Mexican States and
 4-4     may limit the coverage of out-of-area health care services
 4-5     delivered in this state to emergency care services.  The delivery
 4-6     of emergency care services in this state under the plan is subject
 4-7     to the requirements of Section 4(a)(16), Texas Health Maintenance
 4-8     Organization Act (Article 20A.04, Vernon's Texas Insurance Code).
 4-9           (c)  The delivery of health care services through the health
4-10     maintenance organization delivery network located in the United
4-11     Mexican States must be based on and determined by the prevailing
4-12     community standards in the United Mexican States, and the licensing
4-13     of physicians and providers is governed by the applicable laws of
4-14     the United Mexican States.  A physician or provider providing
4-15     health care services through the delivery network is not required
4-16     to be licensed in this state.  The credentialing, peer review, and
4-17     quality of care standards used by a health maintenance organization
4-18     offering a cross-border health care plan is governed by the
4-19     standards that apply in the United Mexican States.
4-20           (d)  A cross-border health care plan may be made available to
4-21     eligible employees of a small or large employer, and their
4-22     dependents, only when chosen by the employer as an option among two
4-23     or more health benefit plans, at least one of which provides
4-24     coverage for health care services delivered in this state.
4-25           (e)  A health maintenance organization that offers a
4-26     cross-border health care plan must contract with sufficient
4-27     providers and physicians to assure that all health care services
 5-1     for which coverage is provided will be reasonably available and
 5-2     accessible.
 5-3           Art. 20B.05.  APPLICABILITY OF TEXAS HEALTH MAINTENANCE
 5-4     ORGANIZATION ACT. (a)  A cross-border health care plan must satisfy
 5-5     the requirements of Section 9, Texas Health Maintenance
 5-6     Organization Act (Article 20A.09, Vernon's Texas Insurance Code),
 5-7     except that the provisions relating to state continuation of
 5-8     coverage and conversion do not apply to a cross-border health care
 5-9     plan.  A health maintenance organization shall file the form of its
5-10     cross-border health care plan for information only with the
5-11     commissioner, accompanied by a certification on its behalf that on
5-12     best knowledge, information, and belief, the filed form complies in
5-13     all respects with the applicable provisions of this code, the Texas
5-14     Health Maintenance Organization Act, and the adopted rules and
5-15     regulations that are applicable to the form.
5-16           (b)  A cross-border health care plan and the health
5-17     maintenance organization offering such a plan are exempt from the
5-18     requirements of Sections 9E, 9F, 11, 11A, 11B, 18A, as added by
5-19     Chapter 1026, Acts of the 75th Legislature, Regular Session, 1997,
5-20     18A, as added by Chapter 735, Acts of the 75th Legislature, Regular
5-21     Session, 1997, 18B, 18C, 29, 37, and 38, Texas Health Maintenance
5-22     Organization Act (Articles 20A.09E, 20A.09F, 20A.11, 20A.11A,
5-23     20A.11B, 20A.18A, as added by Chapter 1026, Acts of the 75th
5-24     Legislature, Regular Session, 1997, 20A.18A, as added by Chapter
5-25     735, Acts of the 75th Legislature, Regular Session, 1997, 20A.18B,
5-26     20A.18C, 20A.29, 20A.37, and 20A.38, Vernon's Texas Insurance
5-27     Code), and Article 26.09, Insurance Code, and any rules or
 6-1     regulations adopted under those laws.  The commissioner is not
 6-2     required to examine a health maintenance organization with respect
 6-3     to the quality of health care services delivered under a
 6-4     cross-border health care plan by providers and physicians located
 6-5     in the United Mexican States.
 6-6           (c)  Sections 12, 12A, and 12B, Texas Health Maintenance
 6-7     Organization Act (Articles 20A.12, 20A.12A, and 20A.12B, Vernon's
 6-8     Texas Insurance Code), apply to a cross-border health care plan
 6-9     only to the extent that an enrollee under the plan receives health
6-10     care services delivered by a physician or provider located in this
6-11     state.
6-12           (d)  Section 26, Texas Health Maintenance Organization Act
6-13     (Article 20A.26, Vernon's Texas Insurance Code), applies to a
6-14     cross-border health care plan, except that Subsection (i)(3) of
6-15     that section does not apply to a cross-border health care plan.
6-16     Articles 21.07-6 and 21.58A, Insurance Code, do not apply to the
6-17     activities of physicians, providers, and other persons doing
6-18     business in the United Mexican States.
6-19           Art. 20B.06.  RULES AND REGULATIONS. The commissioner may
6-20     adopt reasonable rules and regulations to:
6-21                 (1)  prescribe the information to be provided to
6-22     prospective and current group contract holders and enrollees; and
6-23                 (2)  govern communications with providers and
6-24     physicians relating to the enrollee's medical condition or
6-25     treatment options.
6-26           SECTION 2.  This Act takes effect September 1, 2001, and
6-27     applies only to a health care plan offered by a health maintenance
 7-1     organization on or after that date.  A health care plan that is
 7-2     offered by a health maintenance organization before September 1,
 7-3     2001, is governed by the law as it existed immediately before the
 7-4     effective date of this Act, and that law is continued in effect for
 7-5     that purpose.