By Smithee                                            H.B. No. 3014
         77R7902 PB-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to prohibited practices regarding determinations of
 1-3     eligibility for coverage and authorizations for certain services
 1-4     provided by health maintenance organizations or preferred provider
 1-5     plans.
 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7           SECTION 1. The Texas Health Maintenance Organization Act
 1-8     (Chapter 20A, Vernon's Texas Insurance Code) is amended by adding
 1-9     Section 14A to read as follows:
1-10           Sec. 14A.  PROHIBITED PRACTICES REGARDING DETERMINATIONS OF
1-11     ELIGIBILITY OR AUTHORIZATION. (a)  In this section, "authorization"
1-12     includes certification, precertification, recertification, or any
1-13     other term indicating approval by a health maintenance organization
1-14     for a physician or provider to provide medical care or other health
1-15     care services to an enrollee.
1-16           (b)  A health maintenance organization may not deny payment
1-17     to a physician or provider for medical care or other health care
1-18     services provided to an enrollee based on the enrollee's
1-19     ineligibility to receive the care or services, or the lack of
1-20     authorization for the physician or provider to provide the care or
1-21     services to the enrollee, if the health maintenance organization:
1-22                 (1)  failed to respond to the request for verification
1-23     of eligibility or authorization made by the physician, the
1-24     provider, or an employee of the physician or provider, within 24
 2-1     hours after the initial request or, in the case of an
 2-2     authorization, a shorter or longer period  required or permitted by
 2-3     this Act or the Insurance Code;
 2-4                 (2)  verified the enrollee's eligibility in any manner
 2-5     but later determined the eligibility to be invalid; or
 2-6                 (3)  informed the physician, the provider, or an
 2-7     employee of the physician or provider that the care or services
 2-8     were authorized but later determined the authorization to be
 2-9     invalid.
2-10           (c)  Subsection (b) of this section applies to a health
2-11     maintenance organization that contracts with any person to make
2-12     eligibility or authorization decisions or to communicate
2-13     eligibility or authorization decisions to physicians or providers
2-14     if that person:
2-15                 (1)  failed to respond to the request for verification
2-16     of eligibility or authorization in a timely manner as required by
2-17     Subsection (b)(1) of this section; or
2-18                 (2)  verified eligibility in any manner or communicated
2-19     to the physician, provider, or employee that medical care or health
2-20     care services were authorized, but that eligibility or
2-21     authorization was later determined to be invalid by the health
2-22     maintenance organization.
2-23           SECTION 2. Article 3.70-3C, Insurance Code, as added by
2-24     Chapter 1024, Acts of the 75th Legislature, Regular Session, 1997,
2-25     is amended by adding Section 7B to read as follows:
2-26           Sec. 7B.  PROHIBITED PRACTICES REGARDING DETERMINATIONS OF
2-27     ELIGIBILITY OR AUTHORIZATION. (a)  In this section, "authorization"
 3-1     includes certification, precertification, recertification, or any
 3-2     other term indicating approval by an insurer for a physician or
 3-3     provider to provide services covered by a health insurance policy
 3-4     to an insured.
 3-5           (b)  An insurer may not deny payment to a physician or
 3-6     provider for services covered by a health insurance policy and
 3-7     provided to an insured based on the insured's ineligibility to
 3-8     receive the  services, or the lack of authorization for the
 3-9     physician or provider to provide the services to the insured, if
3-10     the insurer:
3-11                 (1)  failed to respond to the request for verification
3-12     of eligibility or authorization made by the physician, the
3-13     provider, or an employee of the physician or provider within 24
3-14     hours after the initial request or, in the case of an
3-15     authorization, a shorter or longer period required or permitted by
3-16     this code;
3-17                 (2)  verified the insured's eligibility in any manner
3-18     but later determined the eligibility to be invalid; or
3-19                 (3)  informed the physician, the provider, or an
3-20     employee of the physician or provider that the services were
3-21     authorized but later determined the authorization to be invalid.
3-22           (c)  Subsection (b) of this section applies to an insurer
3-23     that contracts with any person or entity to make eligibility or
3-24     authorization decisions or to communicate eligibility or
3-25     authorization decisions to physicians or providers if that person:
3-26                 (1)  failed to respond to the request for verification
3-27     of eligibility or authorization in a timely manner as required by
 4-1     Subsection (b)(1) of this section; or
 4-2                 (2)  verified eligibility in any manner or communicated
 4-3     to the physician, provider, or employee that medical care or health
 4-4     care services were authorized, but that eligibility or
 4-5     authorization was later determined to be invalid by the insurer.
 4-6           SECTION 3. This Act applies only to an insurance policy,
 4-7     contract, or evidence of coverage delivered, issued for delivery,
 4-8     or renewed on or after January 1, 2002.  A policy, contract, or
 4-9     evidence of coverage delivered, issued for delivery, or renewed
4-10     before January 1, 2002, is governed by the law as it existed
4-11     immediately before the effective date of this Act, and that law is
4-12     continued in effect for that purpose.
4-13           SECTION 4. This Act takes effect September 1, 2001.