C.S.H.B. 648 78(R)    BILL ANALYSIS


C.S.H.B. 648
By: Goodman
Insurance
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Managed care organizations require physicians and patients to complete
large amounts of paperwork. Increasing administrative costs are a factor
in rising health care costs, and administrative duties detract from the
time physicians are able to spend with their patients.  Most managed care
organizations ask for the same information, but they often place the
information in a different format and require physicians to use the
organization's specific forms. Physicians across the state have an average
of 19 contracts in place. In urban areas such as Dallas and Houston, many
physicians report that they have more than 30 managed care contracts to
evaluate and maintain. The length of these contracts varies, but most
report an average of 20 pages per contract. The absence of standardized
forms can delay care and inconvenience patients and physicians.  C.S.H.B.
648 provides for the use of standard physician contract forms by certain
persons. 

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the Commissioner of Insurance in SECTION 1 (Article 21.52P,
Insurance Code) and SECTION 3 of this bill. 

ANALYSIS

C.S.H.B.  648 amends the Insurance Code to require the Commissioner of
Insurance (Commissioner) to adopt rules that establish standard contract
forms and to require a person, as defined, to use those standard
contracts.  The bill provides that an adopted contract form may not waive
a provision of state or federal law and must allow for certain means of
dispute resolution.  The bill prohibits a contract form that has been
adopted and entered into from being modified unless agreed upon by the
physician and the person.  The bill authorizes the use of a contract form
that has not been adopted by the Commissioner in specified instances.  The
bill provides that a contract form must require the use of a standardized
explanation of payments, to be available both electronically and in
writing. The bill specifies the provisions that must be included in an
adopted contract form and specifies the information that must be included
in a written standardized explanation.  The bill provides that a contract
form must require the adoption and use of standardized patient referral
forms and preauthorization or precertification forms. 

The bill prohibits certain discriminatory behavior by a person, as
defined, against a person using a standard contract form.  The bill
subjects a person who violates Article 21.52P (Standard Contracts for
Physician Services) or a rule adopted thereunder to administrative
penalties. 

The bill authorizes the Commissioner to issue a cease and desist order,
request the attorney general to recover a civil penalty, seek injunctive
relief, or take any combination of the described actions, for a violation
of Article 21.52P or a rule adopted thereunder, or for an unfair
discriminatory act. The bill subjects a person who violates Article 21.52P
or a rule adopted thereunder to a civil penalty of not more than $10,000
for each act and each day of violation.  The bill authorizes the
Commissioner to make requests for information or conduct an examination of
a person for a believed violation of Article 21.52P or a rule thereunder. 

The bill authorizes the Commissioner to set a hearing regarding a cease
and desist order for certain violations and sets forth related procedures.
The bill authorizes the Commissioner to refer a matter to the attorney
general, if the Commissioner believes that a person has violated a cease
and desist order or failed to pay an assessed penalty.  The bill requires
persons who are required to use standard  contracts to file on an annual
basis a statement of the number of individual contracts that have been
executed and to pay a related fee to cover department costs.  The bill
authorizes the attorney general to bring an action against a person for
violation of Article 21.52P or a rule adopted thereunder and seek certain
remedies, in addition to any other available remedies.  

The bill establishes a contract advisory panel to advise and make
recommendations to the Commissioner regarding the adoption of standard
contract forms.  The bill requires the Commissioner to adopt the required
rules and forms by June 1, 2004. 

EFFECTIVE DATE

On passage or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 648 modifies the original by applying the provisions of Article
21.52P to a person that contracts for or arranges for health care services
provided by a physician, rather than to an health maintenance
organization, a preferred provider organization, an approved nonprofit
health corporation, and any other entity that issues managed care.  The
substitute prohibits discrimination against physicians who use standard
contract forms through redirection of patients to other physicians or
other health care providers.  The substitute adds to the information that
must be included in a written standardized explanation of payments and
specifies that electronic explanations must comply with federal
requirements.   

The substitute adds provisions relating to the powers of the commissioner
and enforcement remedies, hearings for cease and desist orders, referrals
to the attorney general, informational filings and related fees, and other
remedies.  The substitute removes the provision stating that a violation
of Article 21.52P or a rule adopted thereunder constitutes an unfair or
deceptive act or practice in the business of insurance and a violation of
Article 21.21A.  The substitute removes provisions authorizing the
suspension or revocation of a managed care entity's license or authority
to engage in business.  The substitute adds administrative penalties for
certain violations.