SRC-MSY S.B. 382 78(R) BILL ANALYSIS Senate Research Center S.B. 382 78R3144 PB-FBy: Armbrister State Affairs 3/19/2003 As Filed DIGEST AND PURPOSE Current Texas law does not include licensed athletic trainers as practitioners who insurance policy provisions must recognize or not recognize for purposes of direct reimbursement of services. As proposed, S.B. 382 amends the Insurance Code to make licensed athletic trainers eligible for direct reimbursement from insurance providers in the same manner as currently provided to other health care practitioners. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article.3.70-2, Insurance Code, by adding a Licensed Athletic Trainer as a practitioner who may or may not be explicitly recognized by an insurer for purposes of providing benefits under a policy of accident and sickness insurance. Defines "Licensed Athletic Trainer for the purposes of this Act. Makes nonsubstantive changes. SECTION 2. Amends Article 3.70-3C, Insurance Code, by adding Subsection (p), to prohibit a preferred provider from refusing to contract with an athletic trainer, as defined under Section 451.001, Occupations Code, to be included in the provider's network or refusing to reimburse the athletic trainer for a covered service that a physician has requested the athletic trainer to perform. SECTION 3. Amends Section 1, Article 21.52, Insurance Code, by adding Subsection (w) to define "licensed athletic trainer." Makes a nonsubstantive change. SECTION 4. Amends Section 3(a), Article 21.52, Insurance Code, by creating Subdivisions (18) and (19) from existing Subdivisions (17) and (18), and by adding Subdivision (20), as follows: (20) Adds a license athletic trainer to the list of professionals that a beneficiary of a health insurance policy in this state may select to provide relevant services if such services are scheduled in the policy. SECTION 5. Amends Section 3(c), Article 21.52, Insurance Code, to add a licensed athletic trainer to the list of professionals for whose services an insurance company, association, or organization may not deny payment or reimbursement, if such services are carried out in accordance with the payment schedule or provisions. SECTION 6. Amends Section 3(d), Article 21.52, Insurance Code, to add a licensed athletic trainer to the list of professionals between which there may be no differentiation or discrimination in the payment schedule or provisions in a health insurance policy nor in the amount or manner of payment for services or procedures. SECTION 7. Amends Chapter 843I, Insurance Code, by adding Section 843.3121, as follows: Sec. 843.3121. ATHLETIC TRAINERS. Prohibits a health maintenance organization from refusing to contract with an athletic trainer, as defined by Section 451.001, Occupations Code, to be included in the organization's provider network or refusing to reimburse the athletic trainer for a covered service that a physician has requested the athletic trainer to perform. SECTION 8. Effective date: September1, 2003. Makes application of this Act prospective to January 1, 2004.