By Van de Putte                                       S.B. No. 1284
         77R7656 AJA-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to payment by certain issuers of health benefit plans of
 1-3     certain claims; providing penalties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 3A(a), Article 3.70-3C, Insurance Code,
 1-6     as added by Chapter 1024, Acts of the 75th Legislature, Regular
 1-7     Session, 1997, is amended to read as follows:
 1-8           (a)  In this section, "clean claim" means a claim described
 1-9     by Section 2, Article 21.60, of this code [means a completed claim,
1-10     as determined under department rules, submitted by a preferred
1-11     provider for medical care or health care services under a health
1-12     insurance policy].
1-13           SECTION 2.  Article 3.70-3C, Insurance Code, as added by
1-14     Chapter 1024, Acts of the 75th Legislature, Regular Session, 1997,
1-15     is amended by adding Sections 3C and 3D to read as follows:
1-16           Sec. 3C.  DISPUTE RESOLUTION.  (a)  An insurer may not
1-17     require the use of a dispute resolution procedure with a preferred
1-18     provider if the use of the procedure results in a violation of
1-19     Section 3A(c) or (e) of this article.
1-20           (b)  The provisions of this section may not be waived or
1-21     nullified by contract.
1-22           Sec. 3D.  AVAILABILITY OF CODING GUIDELINES.  A preferred
1-23     provider contract between an insurer and a physician must provide
1-24     that:
 2-1                 (1)  the physician may request a copy of the coding
 2-2     guidelines, including any underlying bundling, recoding, or other
 2-3     payments logic, and payment schedules applicable to the
 2-4     compensation that the physician will receive under the contract for
 2-5     services;
 2-6                 (2)  the insurer shall provide the coding guidelines
 2-7     and payment schedules not later than the 30th day after the date of
 2-8     the request; and
 2-9                 (3)  the insurer may not unilaterally make material
2-10     revisions, including retroactive revisions, to the coding
2-11     guidelines and payment schedules.
2-12           SECTION 3.  Section 18B(a), Texas Health Maintenance
2-13     Organization Act (Article 20A.18B, Vernon's Texas Insurance Code),
2-14     is amended to read as follows:
2-15           (a)  In this section, "clean claim" means a claim described
2-16     by Section 2, Article 21.60, Insurance Code [means a completed
2-17     claim, as determined under Texas Department of Insurance rules,
2-18     submitted by a physician or provider for medical care or health
2-19     care services under a health care plan].
2-20           SECTION 4.  The Texas Health Maintenance Organization Act
2-21     (Chapter 20A, Vernon's Texas Insurance Code) is amended by adding
2-22     Sections 18D and 18E to read as follows:
2-23           Sec. 18D.  DISPUTE RESOLUTION.  (a)  A health maintenance
2-24     organization may not require the use of a dispute resolution
2-25     procedure with a physician or provider if the use of the procedure
2-26     results in a violation of Section 18B(c) or (e) of this Act.
2-27           (b)  The provisions of this section may not be waived or
 3-1     nullified by contract.
 3-2           Sec. 18E.  AVAILABILITY OF CODING GUIDELINES.  A contract
 3-3     between a health maintenance organization and a physician must
 3-4     provide that:
 3-5                 (1)  the physician may request a copy of the coding
 3-6     guidelines, including any underlying bundling, recoding, or other
 3-7     payments logic, and payment schedules applicable to the
 3-8     compensation that the physician will receive under the contract for
 3-9     services;
3-10                 (2)  the health maintenance organization shall provide
3-11     the coding guidelines and payment schedules not later than the 30th
3-12     day after the date of the request; and
3-13                 (3)  the health maintenance organization may not
3-14     unilaterally make material revisions, including retroactive
3-15     revisions, to the coding guidelines and payment schedules.
3-16           SECTION 5.  Subchapter E, Chapter 21, Insurance Code, is
3-17     amended by adding Article 21.60 to read as follows:
3-18           Art. 21.60.  PAYMENT OF CLAIMS AND VERIFICATION OF COVERAGE
3-19     UNDER CERTAIN HEALTH BENEFIT PLANS
3-20           Sec. 1.  DEFINITIONS.  In this article:
3-21                 (1)  "Institutional provider" has the meaning assigned
3-22     by Section 1, Article 3.70-3C, of this code, as added by Chapter
3-23     1024, Acts of the 75th Legislature, Regular Session, 1997.
3-24                 (2)  "Plan issuer" means:
3-25                       (A)  an insurer that issues a preferred provider
3-26     benefit plan under Article 3.70-3C of this code, as added by
3-27     Chapter 1024, Acts of the 75th Legislature, Regular Session, 1997;
 4-1     or
 4-2                       (B)  a health maintenance organization operating
 4-3     under the Texas Health Maintenance Organization Act (Chapter 20A,
 4-4     Vernon's Texas Insurance Code).
 4-5                 (3)  "Provider" means a physician or other health care
 4-6     practitioner who furnishes health care services under a license,
 4-7     certificate, registration, or other similar authority issued by
 4-8     this state or another state, including:
 4-9                       (A)  a preferred provider, as defined by Section
4-10     1, Article 3.70-3C, of this code, as added by Chapter 1024, Acts of
4-11     the 75th Legislature, Regular Session, 1997; or
4-12                       (B)  a physician or provider, as those terms are
4-13     defined by Section 2, Texas Health Maintenance Organization Act
4-14     (Article 20A.02, Vernon's Texas Insurance Code).
4-15           Sec. 2.  DEFINITION OF CLEAN CLAIM.  (a)  Except as provided
4-16     by Subsection (b), (c), or (e) of this section, a claim by a
4-17     provider, other than an institutional provider, is a "clean claim"
4-18     if the claim is submitted using Health Care Financing
4-19     Administration Form 1500 or another Health Care Financing
4-20     Administration form adopted by the commissioner for the purposes of
4-21     this subsection that is submitted to a plan issuer for payment and
4-22     contains the following data elements entered into the appropriate
4-23     fields on the form:
4-24                 (1)  the enrollee's plan identification number;
4-25                 (2)  the patient's name;
4-26                 (3)  the patient's birth date and sex;
4-27                 (4)  the enrollee's name;
 5-1                 (5)  the patient's address, including street or post
 5-2     office box, city, and zip code;
 5-3                 (6)  the patient's relationship to the enrollee;
 5-4                 (7)  the enrollee's address, including street or post
 5-5     office box, city, and zip code;
 5-6                 (8)  whether the patient's condition is related to
 5-7     employment or to an auto accident or other accident;
 5-8                 (9)  the enrollee's policy or certificate number;
 5-9                 (10)  the enrollee's birth date and sex;
5-10                 (11)  the name of the plan issuer;
5-11                 (12)  whether there is another health benefit plan
5-12     applicable to the claim;
5-13                 (13)  the patient's or authorized person's signature
5-14     authorizing the release of medical or other information related to
5-15     the claim or a notation that the signature is on file with the
5-16     provider;
5-17                 (14)  the enrollee's or authorized person's signature
5-18     authorizing payment of medical benefits or a notation that the
5-19     signature is on file with the provider;
5-20                 (15)  the date of the current illness, injury, or
5-21     pregnancy;
5-22                 (16)  the first date of the same or similar illness or,
5-23     if the provider does not know of a previous incidence of the same
5-24     or a similar illness, the same date as entered under Subdivision
5-25     (15) of this subsection;
5-26                 (17)  diagnosis codes for the nature of the illness or
5-27     injury;
 6-1                 (18)  the dates of service;
 6-2                 (19)  place of service codes;
 6-3                 (20)  type of service codes;
 6-4                 (21)  procedure and modifier codes, as provided by a
 6-5     nationally recognized medical data code set adopted by the
 6-6     commissioner by rule;
 6-7                 (22)  diagnosis code by specific service as prescribed
 6-8     by the commissioner by rule;
 6-9                 (23)  the charge for each listed service;
6-10                 (24)  the number of days or units for each listed
6-11     service;
6-12                 (25)  the provider's federal tax identification number;
6-13                 (26)  the total charge;
6-14                 (27)  the signature of the provider or a notation that
6-15     the signature is on file with the plan issuer;
6-16                 (28)  the name and address of the facility where
6-17     services were rendered, if other than home or office; and
6-18                 (29)  the provider's billing name and address.
6-19           (b)  If the provider indicates under Subsection (a)(12) of
6-20     this section that there is another health benefit plan applicable
6-21     to the claim, the physician must, in addition to providing the data
6-22     elements required under Subsection (a)  of this section, enter the
6-23     following data elements into the appropriate fields on the form if
6-24     the provider knows the information required for those fields or if
6-25     the physician is submitting a claim to a secondary payor plan
6-26     issuer:
6-27                 (1)  the other enrollee's name;
 7-1                 (2)  the other enrollee's policy or group number;
 7-2                 (3)  the other enrollee's birth date and sex;
 7-3                 (4)  the name of the other enrollee's employer or
 7-4     school; and
 7-5                 (5)  the name of the other plan issuer.
 7-6           (c)  A plan issuer may, by contract with a provider, define
 7-7     "clean claim" to include:
 7-8                 (1)  fewer data elements than those required under
 7-9     Subsections (a) and (b) of this section; or
7-10                 (2)  a data element not required under Subsections (a)
7-11     and (b) of this section if there is a field on the required form
7-12     for entry of the data element.
7-13           (d)  Except as provided by Subsection (e) of this section, a
7-14     claim by an institutional provider is a "clean claim" if the claim
7-15     is submitted using Health Care Financing Administration Form UB-92
7-16     or another Health Care Financing Administration form adopted by the
7-17     commissioner for the purposes of this subsection that is submitted
7-18     for payment with the following data elements entered into the
7-19     appropriate fields on the form:
7-20                 (1)  the provider's name, address, and telephone
7-21     number;
7-22                 (2)  the patient control number;
7-23                 (3)  the type of bill code;
7-24                 (4)  the provider's federal tax identification number;
7-25                 (5)  the beginning and ending dates of the period
7-26     covered by the claim;
7-27                 (6)  the patient's name;
 8-1                 (7)  the patient's address;
 8-2                 (8)  the patient's birth date;
 8-3                 (9)  the patient's sex;
 8-4                 (10)  the patient's marital status;
 8-5                 (11)  the date of admission;
 8-6                 (12)  the hour of admission;
 8-7                 (13)  the type of admission (e.g., emergency, urgent,
 8-8     elective, newborn);
 8-9                 (14)  the source of admission code;
8-10                 (15)  the code for the patient's status at discharge;
8-11                 (16)  the value codes and amounts;
8-12                 (17)  the revenue code;
8-13                 (18)  the revenue description;
8-14                 (19)  the units of service;
8-15                 (20)  the total charge;
8-16                 (21)  the plan issuer's name;
8-17                 (22)  the enrollee's name;
8-18                 (23)  the patient's relationship to the subscriber;
8-19                 (24)  the patient's or subscriber's certificate number,
8-20     health claim number, or identification number, as applicable;
8-21                 (25)  the principal diagnosis code;
8-22                 (26)  the attending physician's identification number;
8-23                 (27)  the signature of the provider representative or
8-24     notation that the signature is on file with the plan issuer; and
8-25                 (28)  the date the claim is submitted.
8-26           (e)  A health maintenance organization may require a claim to
8-27     contain any data element that is required in an electronic
 9-1     transaction set needed to comply with federal law.
 9-2           Sec. 3.  REQUEST FOR CLARIFICATION OF CLAIM.  (a)  A plan
 9-3     issuer may in good faith request in writing that a provider provide
 9-4     in writing any information required to clarify information provided
 9-5     as part of a clean claim.  The request is not valid unless:
 9-6                 (1)  the provider receives the notice not later than
 9-7     the 20th calendar day after the date the plan provider receives the
 9-8     claim; and
 9-9                 (2)  the request describes with specificity the
9-10     information requested, provides a detailed description of the plan
9-11     issuer's reason for requesting the information, and relates only to
9-12     information that the insurer or health maintenance organization can
9-13     demonstrate is within the scope of the claim.
9-14           (b)  If a provider who receives a valid request under
9-15     Subsection (a) of this section does not provide the requested
9-16     information on or before the 20th calendar day after the date the
9-17     request is received,  the 45-day payment period under Section 3A,
9-18     Article 3.70-3C, of this code, as added by Chapter 1024, Acts of
9-19     the 75th Legislature, Regular Session, 1997, or Section 18B, Texas
9-20     Health Maintenance Organization Act (Article 20A.18B, Vernon's
9-21     Texas Insurance Code), as applicable, will be extended by a day for
9-22     each day after the 20th day that the requested information is not
9-23     received by the plan issuer.
9-24           Sec. 4.  PREAUTHORIZATION OF MEDICAL AND HEALTH CARE SERVICES
9-25     AND PROCEDURES.  (a)  A plan issuer that preauthorizes medical or
9-26     health care services or procedures shall provide to each provider
9-27     who provides services or procedures to the plan's enrollees under a
 10-1    contract between the provider and the plan issuer and to each
 10-2    enrollee a complete list of the services and procedures requiring
 10-3    preauthorization and the procedures required to obtain
 10-4    preauthorization of a service or procedure.
 10-5          (b)  A plan issuer that receives a request for
 10-6    preauthorization of a service or procedure for which
 10-7    preauthorization is required shall review the request and issue a
 10-8    determination of coverage within the time frames for utilization
 10-9    review required by Section 5, Article 21.58A, of this code, or by
10-10    Section 3A, Article 3.70-3C, of this code, as added by Chapter
10-11    1024, Acts of the 75th Legislature, Regular Session, 1997, as
10-12    appropriate.
10-13          (c)  A plan issuer may deny preauthorization of the service
10-14    or procedure if the plan issuer certifies in writing within the
10-15    time frames described by Subsection (b) of this section that the
10-16    person to whom the service or procedure is to be provided is not
10-17    entitled to coverage under the plan and the plan issuer was
10-18    notified not later than the 30th day after the date the person's
10-19    coverage under the plan was terminated.
10-20          Sec. 5.  DENIAL OF PREAUTHORIZATION OR CLAIM BASED ON MEDICAL
10-21    NECESSITY OR APPROPRIATENESS OF CARE.  (a)  A plan issuer may not
10-22    deny a claim for payment for a medical or health care service or
10-23    procedure because the service or procedure is not medically
10-24    necessary or appropriate care unless the procedure or service is
10-25    required to be preauthorized.
10-26          (b)  A plan issuer may deny a request for preauthorization of
10-27    a medical or health care service or procedure or a claim for
 11-1    payment for a service or procedure if:
 11-2                (1)  the plan issuer proves by clear and convincing
 11-3    evidence that the service or procedure was not medically necessary
 11-4    or appropriate care;
 11-5                (2)  a physician licensed to practice medicine in this
 11-6    state who practices in the same or similar practice area as the
 11-7    provider making the request or claim provides a signed, written
 11-8    statement setting out the clinical reasons for the denial; and
 11-9                (3)  the plan issuer provides to the provider and the
11-10    enrollee the denial and the documentation required by this
11-11    subsection under the time frames for utilization review required by
11-12    Section 5, Article 21.58A, of this code, or by Section 3A, Article
11-13    3.70-3C, of this code, as added by Chapter 1024, Acts of the 75th
11-14    Legislature, Regular Session, 1997, as appropriate.
11-15          Sec. 6.  VERIFICATION OF COVERAGE. A plan issuer shall
11-16    provide access to verification of coverage and benefits 24 hours a
11-17    day, seven days a week, and shall verify coverage and benefits for
11-18    an enrollee to a provider who requests the information before
11-19    rendering a covered service or procedure. A plan provider may not
11-20    require a provider to request verification of coverage and benefits
11-21    as a condition of providing coverage.  After coverage and benefits
11-22    have been verified, a plan issuer may not deny payment for services
11-23    rendered unless:
11-24                (1)  written notice of an error in verification is
11-25    received by the provider before the treatment or service is
11-26    performed; or
11-27                (2)  the claim is subject to Section 4(c) of this
 12-1    article.
 12-2          SECTION 6.  Section 4, Article 21.21, Insurance Code, is
 12-3    amended to read as follows:
 12-4          Sec. 4.  UNFAIR METHODS OF COMPETITION AND UNFAIR OR
 12-5    DECEPTIVE ACTS OR PRACTICES DEFINED.  The following are hereby
 12-6    defined as unfair methods of competition and unfair and deceptive
 12-7    acts or practices in the business of insurance:
 12-8                (1)  Misrepresentations and False Advertising of Policy
 12-9    Contracts.  Making, issuing, circulating, or causing to be made,
12-10    issued or circulated, any estimate, illustration, circular or
12-11    statement misrepresenting the terms of any policy issued or to be
12-12    issued or the benefits or advantages promised thereby or the
12-13    dividends or share of the surplus to be received thereon, or making
12-14    any false or misleading statements as to the dividends or share of
12-15    surplus previously paid on similar policies, or making any
12-16    misleading representation or any misrepresentation as to the
12-17    financial condition of any insurer, or as to the legal reserve
12-18    system upon which any life insurer operates, or using any name or
12-19    title of any policy or class of policies misrepresenting the true
12-20    nature thereof, or making any misrepresentation to any policyholder
12-21    insured in any company for the purpose of inducing or tending to
12-22    induce such policyholder to lapse, forfeit, or surrender his
12-23    insurance;
12-24                (2)  False Information and Advertising Generally.
12-25    Making, publishing, disseminating, circulating or placing before
12-26    the public, or causing, directly or indirectly, to be made,
12-27    published, disseminated, circulated, or placed before the public,
 13-1    in a newspaper, magazine or other publication, or in the form of a
 13-2    notice, circular, pamphlet, letter or poster, or over any radio or
 13-3    television station, or in any other way, an advertisement,
 13-4    announcement or statement containing any assertion, representation
 13-5    or statement with respect to the business of insurance or with
 13-6    respect to any person in the conduct of his insurance business,
 13-7    which is untrue, deceptive or misleading;
 13-8                (3)  Defamation.  Making, publishing, disseminating, or
 13-9    circulating, directly or indirectly, or aiding, abetting or
13-10    encouraging the making, publishing, disseminating or circulating of
13-11    any oral or written statement or any pamphlet, circular, article or
13-12    literature which is false, or maliciously critical of or derogatory
13-13    to the financial condition of any insurer, and which is calculated
13-14    to injure any person engaged in the business of insurance;
13-15                (4)  Boycott, Coercion and Intimidation.  Entering into
13-16    any agreement to commit, or by any concerted action committing, any
13-17    act of boycott, coercion or intimidation resulting in or tending to
13-18    result in unreasonable restraint of, or monopoly in, the business
13-19    of insurance;
13-20                (5)  False Financial Statements.  (a)  Filing with any
13-21    supervisory or other public official, or making, publishing,
13-22    disseminating, circulating or delivering to any person, or placing
13-23    before the public, or causing directly or indirectly, to be made,
13-24    published, disseminated, circulated, delivered to any person, or
13-25    placed before the public, any false statement of financial
13-26    condition of an insurer with intent to deceive;
13-27                      (b)  Making any false entry in any book, report
 14-1    or statement of any insurer with intent to deceive any agent or
 14-2    examiner lawfully appointed to examine into its condition or into
 14-3    any of its affairs, or any public official to whom such insurer is
 14-4    required by law to report, or who has authority by law to examine
 14-5    into its condition or into any of its affairs, or, with like
 14-6    intent, wilfully omitting to make a true entry of any material fact
 14-7    pertaining to the business of such insurer in any book, report or
 14-8    statement of such insurer;
 14-9                (6)  Stock Operations and Advisory Board Contracts.
14-10    Issuing or delivering or permitting agents, officers or employees
14-11    to issue or deliver, company stock or other capital stock, or
14-12    benefit certificates or shares in any corporation, or securities or
14-13    any special or advisory board contracts or other contracts of any
14-14    kind promising returns and profits as an inducement to insurance.
14-15    Provided, however, that nothing in this subsection shall be
14-16    construed as prohibiting the issuing or delivery of participating
14-17    insurance policies otherwise authorized by law.
14-18                (7)  Unfair Discrimination.  [(a)]  Making or
14-19    permitting any unfair discrimination between individuals of the
14-20    same class and equal expectation of life in the rates charged for
14-21    any contract of life insurance or of life annuity or in the
14-22    dividends or other benefits payable thereon, or in any other of the
14-23    terms and conditions of such contract;
14-24                (8)  Rebates.  (a)  Except as otherwise expressly
14-25    provided by law, knowingly permitting or offering to make or making
14-26    any contract of life insurance, life annuity or accident and health
14-27    insurance, or agreement as to such contract other than as plainly
 15-1    expressed in the contract issued thereon, or paying or allowing, or
 15-2    giving or offering to pay, allow, or give, directly or indirectly,
 15-3    as inducement to such insurance, or annuity, any rebate of premiums
 15-4    payable on the contract, or any special favor or advantage in the
 15-5    dividends or other benefits thereon, or any valuable consideration
 15-6    or inducement whatever not specified in the contract; or giving, or
 15-7    selling, or purchasing or offering to give, sell, or purchase as
 15-8    inducement to such insurance or annuity or in connection therewith,
 15-9    any stocks, bonds, or other securities of any insurance company or
15-10    other corporation, association, or partnership, or any dividends or
15-11    profits accrued thereon, or anything of value whatsoever not
15-12    specified in the contract;
15-13                      (b)  Nothing in clause 7 or paragraph (a)  of
15-14    clause 8 of this subsection shall be construed as including within
15-15    the definition of discrimination or rebates any of the following
15-16    practices:
15-17                            (i)  in the case of any contract of life
15-18    insurance or life annuity, paying bonuses to policyholders or
15-19    otherwise abating their premiums in whole or in part out of surplus
15-20    accumulated from non-participating insurance, provided that any
15-21    such bonuses or abatement of premiums shall be fair and equitable
15-22    to policyholders and for the best interests of the company and its
15-23    policyholders;
15-24                            (ii)  in the case of life insurance
15-25    policies issued on the industrial debit plan, making allowance to
15-26    policyholders who have continuously for a specified period made
15-27    premium payments directly to an office of the insurer in an amount
 16-1    which fairly represents the saving in collection expenses;
 16-2                            (iii)  readjustment of the rate of premium
 16-3    for a group insurance policy based on the loss or expense
 16-4    experience thereunder, at the end of the first or any subsequent
 16-5    policy year of insurance thereunder, which may be made retroactive
 16-6    only for such policy year.
 16-7                (9)  Deceptive Name, Word, Symbol, Device, or Slogan.
 16-8    Using, displaying, publishing, circulating, distributing, or
 16-9    causing to be used, displayed, published, circulated, or
16-10    distributed in any letter, pamphlet, circular, contract, policy,
16-11    evidence of coverage, article, poster, or other document,
16-12    literature, or public media of:
16-13                      (a)  a name as the corporate or business name of
16-14    a person or entity engaged in an insurance or insurance related
16-15    business in this state that is the same as, or deceptively similar
16-16    to, the name adopted and used by an insurance entity, health
16-17    maintenance organization, third party administrator, or group
16-18    hospital service company authorized to do business under the laws
16-19    of this state; or
16-20                      (b)  a word, symbol, device, slogan, or any
16-21    combination of these items, whether registered or not registered,
16-22    that is the same as or deceptively similar to one adopted and used
16-23    by an insurance entity, health maintenance organization, third
16-24    party administrator, or group hospital service company to
16-25    distinguish such entities, products, or service from other
16-26    entities, and includes the title, designation, character names, and
16-27    distinctive features of broadcast or other advertising.
 17-1                Where two persons or entities are using a name, word,
 17-2    symbol, device, slogan, or any combination of these items that are
 17-3    the same or deceptively similar and are likely to cause confusion
 17-4    or a mistake, the user who can demonstrate the first continuous
 17-5    actual use of such name, word, symbol, device, slogan, or
 17-6    combination of these items shall not have committed an unfair
 17-7    method of competition or deceptive act or practice.
 17-8                (10)  Unfair Settlement Practices.  (a)  Engaging in
 17-9    any of the following unfair settlement practices with respect to a
17-10    claim by an insured, [or] beneficiary, or health care provider:
17-11                            (i)  misrepresenting to a claimant a
17-12    material fact or policy provision relating to coverage at issue;
17-13                            (ii)  failing to attempt in good faith to
17-14    effectuate a prompt, fair, and equitable settlement of a claim with
17-15    respect to which the insurer's liability has become reasonably
17-16    clear;
17-17                            (iii)  failing to attempt, in good faith,
17-18    to effectuate a prompt, fair, and equitable settlement under one
17-19    portion of a policy of a claim with respect to which the insurer's
17-20    liability has become reasonably clear in order to influence the
17-21    claimant to settle an additional claim under another portion of the
17-22    coverage, provided that this prohibition does not apply if payment
17-23    under one portion of the coverage constitutes evidence of liability
17-24    under another portion of the policy;
17-25                            (iv)  failing to provide promptly to a
17-26    policyholder a reasonable explanation of the basis in the policy,
17-27    in relation to the facts or applicable law, for the insurer's
 18-1    denial of a claim or for the offer of a compromise settlement of a
 18-2    claim;
 18-3                            (v)  failing within a reasonable time to:
 18-4                                  (A)  affirm or deny coverage of a
 18-5    claim to a policyholder; or
 18-6                                  (B)  submit a reservation of rights
 18-7    to a policyholder;
 18-8                            (vi)  refusing, failing, or unreasonably
 18-9    delaying an offer of settlement under applicable first-party
18-10    coverage on the basis that other coverage may be available or that
18-11    third parties are responsible for the damages suffered, except as
18-12    may be specifically provided in the policy;
18-13                            (vii)  undertaking to enforce a full and
18-14    final release of a claim from a policyholder when only a partial
18-15    payment has been made, provided that this prohibition does not
18-16    apply to a compromise settlement of a doubtful or disputed claim;
18-17                            (viii)  refusing to pay a claim without
18-18    conducting a reasonable investigation with respect to the claim;
18-19                            (ix)  with respect to a Texas personal auto
18-20    policy, delaying or refusing settlement of a claim solely because
18-21    there is other insurance of a different type available to satisfy
18-22    all or any part of the loss forming the basis of that claim; or
18-23                            (x)  requiring a claimant, as a condition
18-24    of settling a claim, to produce the claimant's federal income tax
18-25    returns for examination or investigation by the person unless:
18-26                                  (A)  the claimant is ordered to
18-27    produce those tax returns by a court;
 19-1                                  (B)  the claim involves a fire loss;
 19-2    or
 19-3                                  (C)  the claim involves lost profits
 19-4    or income.
 19-5                      (b)  Paragraph (a)  of this clause does not
 19-6    provide a cause of action to a third party asserting one or more
 19-7    claims against an insured covered under a liability insurance
 19-8    policy.
 19-9                (11)  Misrepresentation of Insurance Policy.
19-10    Misrepresenting an insurance policy by:
19-11                      (a)  making an untrue statement of material fact;
19-12                      (b)  failing to state a material fact that is
19-13    necessary to make other statements made not misleading, considering
19-14    the circumstances under which the statements were made;
19-15                      (c)  making a statement in such manner as to
19-16    mislead a reasonably prudent person to a false conclusion of a
19-17    material fact;
19-18                      (d)  making a material misstatement of law; or
19-19                      (e)  failing to disclose any matter required by
19-20    law to be disclosed, including a failure to make disclosure in
19-21    accordance with another provision of this code.
19-22          SECTION 7.  Article 21.21, Insurance Code, is amended by
19-23    adding Section 4A to read as follows:
19-24          Sec. 4A.  CLAIMS BY HEALTH CARE PROVIDERS.  (a)  In this
19-25    section:
19-26                (1)  "Claim" means a demand for payment:
19-27                      (A)  under a contract under which a health care
 20-1    provider provides health care services to persons entitled to
 20-2    coverage under a health benefit plan;
 20-3                      (B)  under an assignment of benefits or other
 20-4    similar agreement; or
 20-5                      (C)  for provision by a health care provider of a
 20-6    health care service covered under a health benefit plan to a person
 20-7    entitled to coverage under the plan, including a service provided
 20-8    in an emergency situation.
 20-9                (2)  "Health care provider" means a person, including a
20-10    physician, who furnishes health care services under a license,
20-11    certificate, registration, or other authority issued by this state
20-12    or another state.
20-13                (3)  "Person" includes a health maintenance
20-14    organization.
20-15          (b)  A person engages in an unfair method of competition or
20-16    unfair or deceptive act or practice in the business of insurance if
20-17    the person:
20-18                (1)  misrepresents to a health care provider a material
20-19    fact or a policy or contract provision relating to a claim;
20-20                (2)  fails to make a payment or otherwise act in good
20-21    faith with respect to a service or procedure for which coverage is
20-22    reasonably clear under a health benefit plan;
20-23                (3)  fails to provide promptly to  a health care
20-24    provider a reasonable explanation of the basis in the policy or
20-25    contract, as the terms of the policy or contract relate to the
20-26    facts surrounding a claim or applicable law, for denying a claim
20-27    under a health benefit plan;
 21-1                (4)  fails within a reasonable time to affirm or deny
 21-2    coverage for a claim under a health benefit plan;
 21-3                (5)  refuses or fails  to  make or unreasonably delays
 21-4    payment of a claim on the basis that other coverage may be
 21-5    available or that third parties are responsible for the payment; or
 21-6                (6)  refuses to make payment under the health benefit
 21-7    plan without a reasonable basis.
 21-8          (c)  For purposes of enforcement, a person who engages in an
 21-9    unfair method of competition or an unfair or deceptive act or
21-10    practice under Subsection (b) of this section is considered to be
21-11    engaging in an unfair method of competition or an unfair or
21-12    deceptive act or practice defined in Section 4 of this article.
21-13          (d)  The  provisions of this section may not be waived or
21-14    nullified by contract.
21-15          (e)  The commissioner may adopt rules as necessary to
21-16    implement this section.
21-17          SECTION 8.  (a)  The changes in law made by this Act to
21-18    Section 3A(a), Article 3.70-3C, Insurance Code, as added by Chapter
21-19    1024, Acts of the 75th Legislature, Regular Session, 1997, and
21-20    Section 18B(a), Texas Health Maintenance Organization Act (Article
21-21    20A.18B, Vernon's Texas Insurance Code), apply only to a clean
21-22    claim submitted on or after the effective date of this Act.  A
21-23    clean claim submitted before the effective date of this Act is
21-24    governed  by the law in effect immediately before that date, and
21-25    that law is continued in effect for that purpose.
21-26          (b)  Sections 3C and 3D, Article 3.70-3C, Insurance Code, as
21-27    added by Chapter 1024, Acts of the 75th Legislature, Regular
 22-1    Session, 1997, as those sections are added by this Act, apply only
 22-2    to a preferred provider contract entered into on or after the
 22-3    effective date of this Act.  A preferred provider contract entered
 22-4    into before the effective date of this Act is governed by the law
 22-5    in effect immediately before that date, and that law is continued
 22-6    in effect for that purpose.
 22-7          (c)  Sections 18D and 18E, Texas Health Maintenance
 22-8    Organization Act (Articles 20A.18D and 20A.18E, Vernon's Texas
 22-9    Insurance Code), as added by this Act, apply only to a contract
22-10    between a physician and a health maintenance organization entered
22-11    into on or after the effective date of this Act.  A contract
22-12    between a physician and a  health maintenance organization entered
22-13    into before the effective date of this Act is governed by the law
22-14    in effect immediately before that date, and that law is continued
22-15    in effect for that purpose.
22-16          (d)  Section 4, Article 21.21, Insurance Code, as amended by
22-17    this Act, and Section 4A, Article 21.21, Insurance Code, as added
22-18    by this Act, apply only to conduct that occurs on or after the
22-19    effective date of this Act.  Conduct that occurs before the
22-20    effective date of this Act is governed by the law in effect
22-21    immediately before that date, and that law is continued in effect
22-22    for that purpose.
22-23          SECTION 9.  This Act takes effect September 1, 2001.