C.S.H.B. 1268 78(R)    BILL ANALYSIS


C.S.H.B. 1268
By: Seaman
Insurance
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The Center for Medicare and Medicaid Services (CMS) predicts that spending
on prescription drugs will increase by an average of at least 12 percent
every year for the next decade.  Low-income seniors without prescription
drug coverage are substantially less likely to take prescribed medications
than low-income seniors with prescription drug coverage.  Currently,
seniors can choose from among 10 different Medicare Supplemental Policies:
Plans A through J.  Some plans offer a prescription drug benefit in
conjunction with a full array of other services, which may be unnecessary
and result in increased costs.  Plan C is the most popular but does not
have a prescription drug benefit.  C.S.H.B. 1268 authorizes insurers who
issue Medicare supplemental policies to offer certain outpatient
prescription drug benefit plans. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

C.S.H.B. 1268 amends the Insurance Code to authorize an insurer or other
entity that issues a Medicare supplement policy in this state to offer a
group or individual policyholder an outpatient prescription drug benefit
plan authorized under 42 U.S.C. Section 1395ss or a new or innovative
outpatient prescription drug benefit plan filed with and approved by the
Commissioner of Insurance (Commissioner).   

The bill requires the Commissioner to approve or disapprove a filed
outpatient drug benefit plan not later than the 60th day after the filing
date.  A plan that has not been approved or disapproved before the 61st
day after the filing date is deemed approved.  The bill authorizes an
insurer or other entity to offer participation in a prescription drug
discount program, as defined, in connection with the solicitation of an
application for issuance of a Medicare supplement policy.  The bill
provides that an offer of participation in a prescription drug discount
program is not a violation of unfair practices and unfair competition
provisions  or any other law prohibiting the offer of rebates in the
solicitation of insurance policies. 

EFFECTIVE DATE

September 1, 2003.


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1268 modifies the original by removing a basic or extended
outpatient prescription drug benefit plan prescribed by the Commissioner
from the plans that an insurer is authorized to offer. The substitute
authorizes an insurer or other entity to offer a prescription drug benefit
plan, rather than providing that an insurer must offer a prescription drug
benefit plan.  The substitute adds the requirement for the Commissioner to
approve or disapprove a filed prescription drug benefit plan. The
substitute adds the provision authorizing an insurer or other entity to
offer participation in a prescription drug discount program in connection
with the solicitation of an application for issuance of a Medicare
supplement policy.  The substitute adds that offering participation in a
prescription  drug discount program is not a violation of specified
provisions of the Insurance Code or other law. The substitute removes the
provision authorizing a policyholder to reject outpatient drug benefit
coverage.