By Carona S.B. No. 1757 77R4323 AJA-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to a consumer assistance program for health benefit plan 1-3 consumers. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter E, Chapter 21, Insurance Code, is 1-6 amended by adding Article 21.53Z to read as follows: 1-7 Art. 21.53Z. HEALTH BENEFIT PLAN CONSUMERS ASSISTANCE 1-8 PROGRAM 1-9 Sec. 1. DEFINITION. In this article, "consumer" means a 1-10 person who is entitled to coverage under a health benefit plan or 1-11 who is seeking coverage under a health benefit plan. 1-12 Sec. 2. HEALTH BENEFIT PLAN DEFINED. (a) In this article, 1-13 "health benefit plan" means: 1-14 (1) a plan that provides benefits for medical, 1-15 surgical, or other treatment expenses incurred as a result of a 1-16 health condition, a mental health condition, an accident, sickness, 1-17 or substance abuse, including an individual, group, blanket, or 1-18 franchise insurance policy or insurance agreement, a group hospital 1-19 service contract, or an individual or group evidence of coverage or 1-20 similar coverage document that is offered by: 1-21 (A) an insurance company; 1-22 (B) a group hospital service corporation 1-23 operating under Chapter 20 of this code; 1-24 (C) a fraternal benefit society operating under 2-1 Chapter 10 of this code; 2-2 (D) a stipulated premium insurance company 2-3 operating under Chapter 22 of this code; 2-4 (E) a reciprocal exchange operating under 2-5 Chapter 19 of this code; 2-6 (F) a health maintenance organization operating 2-7 under the Texas Health Maintenance Organization Act (Chapter 20A, 2-8 Vernon's Texas Insurance Code); 2-9 (G) a multiple employer welfare arrangement that 2-10 holds a certificate of authority under Article 3.95-2 of this code; 2-11 or 2-12 (H) an approved nonprofit health corporation 2-13 that holds a certificate of authority under Article 21.52F of this 2-14 code; 2-15 (2) the state medical assistance program, including 2-16 Medicaid managed care; 2-17 (3) the child health plan established under Chapter 2-18 62, Health and Safety Code; or 2-19 (4) the federal Medicare program. 2-20 (b) The term includes: 2-21 (1) a small employer health benefit plan written under 2-22 Chapter 26 of this code; 2-23 (2) a Medicare supplemental policy as defined by 2-24 Section 1881(g)(1), Social Security Act (42 U.S.C. Section 1395ss), 2-25 as amended; and 2-26 (3) a health benefit plan offered under the Texas 2-27 Employees Uniform Group Insurance Benefits Act (Article 3.50-2, 3-1 Vernon's Texas Insurance Code), the Texas State College and 3-2 University Employees Uniform Insurance Benefits Act (Article 3-3 3.50-3, Vernon's Texas Insurance Code), or Article 3.50-4 of this 3-4 code. 3-5 Sec. 3. HEALTH BENEFIT PLAN CONSUMERS ASSISTANCE PROGRAM. 3-6 (a) The health benefit plan consumers assistance program is 3-7 established. The commissioner may contract, through a request for 3-8 proposals, with a nonprofit organization to operate the program. 3-9 (b) The program shall: 3-10 (1) assist individual consumers who desire to appeal 3-11 the denial, termination, or reduction of health care services by 3-12 the issuer of a health benefit plan or the refusal by the issuer of 3-13 a health benefit plan to pay for health care services, including 3-14 appeals under Article 21.58A of this code or in Medicaid and 3-15 Medicare fair hearings; 3-16 (2) provide information to consumers in this state 3-17 about health benefit plans available in this state and about the 3-18 rights and responsibilities of enrollees in those plans; 3-19 (3) establish a statewide toll-free telephone number 3-20 and an interactive Internet site that consumers can use to obtain 3-21 information, advice, or assistance from the program; 3-22 (4) collect data concerning inquiries, problems, and 3-23 grievances handled by the program and periodically distribute a 3-24 compilation and analysis of the data to employers, issuers of 3-25 health benefit plans, regulatory agencies, and the public; and 3-26 (5) refer consumers to appropriate private or public 3-27 individuals or entities as necessary to ensure that inquiries, 4-1 problems, or grievances involving health benefit plans are handled 4-2 promptly and efficiently. 4-3 (c) The program may: 4-4 (1) operate a statewide clearinghouse for objective 4-5 consumer information about health benefit plan coverage, including 4-6 options for obtaining health benefit plan coverage; 4-7 (2) accept gifts, grants, or donations from any source 4-8 for the purpose of operating the program; and 4-9 (3) charge reasonable fees to consumers to support the 4-10 program. 4-11 (d) The commissioner or an entity contracting with the 4-12 commissioner to implement this article may establish an advisory 4-13 committee composed of consumers, health care providers, and 4-14 representatives of health benefit plan issuers. 4-15 (e) A nonprofit organization contracting with the 4-16 commissioner pursuant to Subsection (a) of this section must not be 4-17 involved in providing health care or issuing health benefit plans 4-18 and must demonstrate that the organization has expertise in 4-19 providing direct assistance to consumers who have concerns or 4-20 problems involving health benefit plans. 4-21 Sec. 4. SCOPE OF PROGRAM; REFERRAL. The health benefit plan 4-22 consumers assistance program shall supplement and not duplicate 4-23 services provided by existing public and private programs or state 4-24 agencies, including the department, and shall refer consumers to 4-25 other programs or agencies as appropriate. 4-26 Sec. 5. PROVISION OF CERTAIN INFORMATION BY ISSUER OF HEALTH 4-27 BENEFIT PLAN REQUIRED. (a) The issuer of a health benefit plan 5-1 shall include in the plan's enrollment information materials notice 5-2 of the availability of the health benefit plan consumers assistance 5-3 program and describe the services provided by the program. The 5-4 membership information materials must include the program's 5-5 toll-free telephone number and state that a consumer can call the 5-6 program for information or assistance in resolving a problem or 5-7 filing a complaint involving the health benefit plan. 5-8 (b) The issuer of a health benefit plan shall provide the 5-9 information required under Subsection (a) of this section in 5-10 writing to any person who makes an oral or written complaint to the 5-11 issuer involving the plan. 5-12 (c) This section does not apply to the medical assistance 5-13 program, except that this section applies to a Medicaid managed 5-14 care organization. This section does not apply to the federal 5-15 Medicare program. 5-16 Sec. 6. REFERRAL BY DEPARTMENT. If the department receives a 5-17 complaint from a consumer involving a health benefit plan that is 5-18 not subject to regulation by the department, the department shall 5-19 inform the consumer about the services provided by the health 5-20 benefit plan consumers assistance program and provide the consumer 5-21 with the program's toll-free telephone number. 5-22 SECTION 2. Sections 5 and 6, Chapter 1457, Acts of the 76th 5-23 Legislature, Regular Session, 1999, are repealed. 5-24 SECTION 3. This Act takes effect September 1, 2001.