SRC-MSY S.B. 10 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 10
78R5435 DLF-FBy: Averitt et al.
State Affairs
3/21/2003
As Filed


DIGEST AND PURPOSE 

Currently, many small businesses have difficulty obtaining health
insurance for their employees.  The high cost of insurance makes it too
expensive for many to pay for insurance even though they would like to
offer it to their employees.  As proposed, S.B. 10 amends the Insurance
Code to allow small employers to form group health cooperatives with other
small and large employers in order to effectively obtain health coverage
for employees, and sets forth provisions for the creation and conduct of
such cooperatives. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the commissioner of insurance
in SECTION 4 (Article 26.14A, Chapter 26, Subchapter B, Insurance Code) of
this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 26.11, Insurance Code, by amending Subdivisions
(2) and (3) and adding Subdivision (5), as follows: 

(2)  Redefines "board of directors."

(3)  Redefines "cooperative."

(5)  Defines "expanded service area."

SECTION 2.  Amends the heading to Article 26.14, Insurance Code, to read
as follows: 

Art.  26.14.   PRIVATE PURCHASING COOPERATIVES AND HEALTH GROUP
COOPERATIVES. 

SECTION 3.  Amends Article 26.14, Insurance Code, by amending Subsections
(a) and (d) and adding Subsections (e) and (f), as follows: 

(a)  Authorizes two or more small or large employers to form a purchasing
cooperative, rather than a cooperative, for the purchase of health benefit
plans.  Authorizes a person to form a health group cooperative for the
purchase of employer health benefit plans, subject to Subsection (f) of
this article. 

(d)  Provides that a health group cooperative or certain of its officials
and employees, in addition to a purchasing cooperative and certain of its
officials and employees, is not liable for certain acts.  Makes conforming
changes. 

(e)  Provides that a health group cooperative or certain of its officials
and employees is not liable for failure to arrange for coverage of any
particular illness, disease, or health condition. 

 (f)  Prohibits a health carrier from forming or being a member of a
health group cooperative. Authorizes a health carrier to associate with a
sponsoring entity to assist the sponsoring entity in forming a health
group cooperative. 

SECTION 4.  Amends Chapter 26, Subchapter B, Insurance Code, by adding
Article 26.14A, as follows: 

Art.  26.14A.  SPECIAL PROVISIONS RELATING TO HEALTH GROUP COOPERATIVES.
(a)  Authorizes the membership of a health group cooperative to consist
only of employers, including small and large employers and a combination
of the two, at the option of the health group cooperative. 

(b)  Requires a health group cooperative to allow any employer to join the
health group cooperative and enroll in health benefit plan coverage,
subject to certain requirements and restrictions. 

(c)  Requires a health group cooperative to allow employers to join the
health group cooperative and enroll in its health benefit plan coverage
during its initial enrollment and annual open enrollment periods. 

(d)  Authorizes a sponsoring entity of a health group to inform the
members of the entity about the cooperative and the health benefit plans
offered by the cooperative.  Requires coverage issued through the
cooperative to be issued through an agent marketing the coverage in
accordance with Article 26.15(a)(3). 

(e)  Requires a health group cooperative to specify circumstances,
including experiencing a substantial financial hardship, that would allow
an employer to terminate its participation in the health group
cooperative. 

(f)  Provides that an employer's participation in a health group
cooperative is voluntary, but requires an employer electing to participate
in a health group cooperative to commit to purchasing coverage through the
health group cooperative for two years, except as provided by Subsection
(e). 

(g)  Provides that a health carrier issuing coverage to a health group
cooperative: 

(1)  is required to use a standard presentation form, prescribed by the
commissioner of insurance (commissioner) by rule, to market health benefit
plan coverage through the health group cooperative; 

(2)  is authorized to contract to provide health benefit plan coverage
with only one health group cooperative in any county and provides an
exception; 

(3)  is required to allow enrollment in health benefit plan coverage in
compliance with Subsection (c) and with the health carrier's agreement
with the health group cooperative; and 

(4)  is entitled to receive a premium tax credit for two years for each
uninsured employee and dependent who receives coverage through the health
group cooperative, on application. 

(h)  Exempts a health benefit plan issued by a health carrier to provide
coverage with a health group cooperative from a law that requires coverage
or the offer of coverage of a health care service of benefit,
notwithstanding any other law.  Requires the commissioner to implement, by
rule, the exemption authorized by this subsection. 
 
(i)  Authorizes a health carrier to provide health benefit plan coverage
to an expanded service area that includes the entire state, with notice to
the commissioner.  Authorizes a health carrier to apply for approval of an
expanded service area that comprises less than the entire state by filing
an application with the commissioner, in a form and manner prescribed by
the commissioner, at least 60 days before the date the health carrier
issues coverage to the health group cooperative in the expanded service
area.  Requires the application to be deemed approved by the Texas
Department of Insurance (TDI) after 60 days after the receipt of the
application by TDI unless the application was either affirmatively
approved or disapproved by written order of the commissioner before that
date.  Authorizes the commissioner to rescind an approval granted to a
health carrier under this subsection upon finding that the health carrier
has failed to market fairly to all small and large employers in the state
or expanded service area after notice and opportunity for hearing. 

SECTION 5.  Amends the heading to Article 26.15, Insurance Code, to read
as follows: 

Art.  26.15.  POWERS AND DUTIES OF TEXAS HEALTH BENEFITS PURCHASING
COOPERATIVE, PRIVATE PURCHASING COOPERATIVES, AND HEALTH GROUP
COOPERATIVES. 

SECTION 6.  Amends Article 26.15, Insurance Code, by amending Subsection
(d) and adding Subsection (e), as follows: 

(d)  Prohibits a cooperative from limiting, restricting, or conditioning
an employer's or employee's membership in the cooperative or choice among
benefit plans based on the risk characteristics of a group or any member
of the group, in addition to other existing requirements placed on a
cooperative. 

(e)  Provides that a health group cooperative must have at least 10
participating employers to be eligible to exercise the authority granted
under Subsection (a)(1) of this article.  

SECTION 7.  Amends Subsections (a), (b), and (d), Article 26.16, Insurance
Code, as follows: 

(a)  Deletes language providing that the employees of a cooperative are
not required to be licensed under Article 20A.15 or 20A.15A, Insurance
Code.  Provides that the existing exemption from licensure includes a
health group cooperative that acts to provide information about and to
solicit membership in the cooperative, subject to Article 26.14A(d) of
this code. 

(b)  Provides that a private purchasing cooperative, rather than a
cooperative, is considered an employer solely for the purposes of benefit
elections under the code.  Provides that a health group cooperative is
considered a single employer under this code and requires a health group
cooperative to be treated in the same manner as a single small employer
for the purposes of this chapter, including certain purposes, and provides
an exception.  Provides that a health group cooperative has sole authority
to make benefit elections and perform other administrative functions under
the code for the cooperative's participating employers.  Requires TDI to
develop an expedited approval process for health benefit plan coverage
arranged by a health group cooperative. 

(d)  Extends certain provisions that apply to each small employer carrier
to each large employer carrier.  Makes conforming changes. 

SECTION 8.  Effective date:  September 1, 2003.
Makes application of this Act prospective.