SRC-JEC S.B. 1312 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1312
78R5358 AKH-FBy: Van de Putte
State Affairs
4/16/2003
As Filed


DIGEST AND PURPOSE 

Current law prohibits discrimination in the payment and reimbursement
schedule or provisions of a health insurance policy based on whether the
practitioner is a podiatrist or other type of physician.  However, some
insurers allegedly use fee schedules that favor physicians and
discriminate against podiatrists.  Additionally, newly licensed
practitioners joining an established practice of a preferred provider are
at times denied participating status by an insurer.  As proposed, S.B.
1312 clarifies that the discrimination is prohibited, and prohibits
insurers from withholding preferred provider designation from qualified
practitioners who join an established professional practice. 

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 Section 3(b), Article 3.70-3C, Insurance Code, by
adding Subdivision (5), to prohibit an insurer from withholding a
designation to a practitioner described by Subsection (g) of this section
who complies with the terms and conditions established by the insurer. 

SECTION 2.  Amends Section 3, Article 3.70-3C, Insurance Code, by adding
Subsections (p) and (q), as follows: 

(p)  Requires an insurer to pay a podiatrist licensed by the Texas State
Board of Podiatric Medical Examiners (TBPME) for a covered service the
same amount and in the same manner as a physician who renders the same
covered service. 

(q)  Prohibits an insurer from withholding the designation of preferred
provider to a practitioner who joints the professional practice of a
preferred provider, applies to the insurer for designation as a preferred
provider, and complies with the terms and conditions of eligibility to be
a preferred provider. 

SECTION 3.  Amends Section 843.303, Insurance Code, as effective June 1,
2003, by adding Subsection (c), to prohibit a health maintenance
organization from denying a contract to a physician or provider described
by Section 843.320. 

SECTION  4.  Amends Subchapter I, Chapter 843, Insurance Code, as
effective June 1, 2003, by adding Sections 843.319 and 843.320, as
follows: 

Sec. 843.319.  PODIATRIST SERVICES.  Requires a health maintenance
organization to pay a podiatrist licensed by TBPME for a covered service
the same amount and in the same manner as a physician who renders the same
covered service. 

Sec. 843.320.  CERTAIN REQUIRED CONTRACTS.  Prohibits a health maintenance
organization from denying a contract to a physician or provider who joins
the professional practice of a contracting physician or provider,
satisfies the application procedures of the health maintenance
organization, and meets the qualification  requirements for contracting
with the health maintenance organization. 

SECTION  5.  Makes application of Section 3(p), Article 3.70-3C, and
Section 843.319, Insurance Code, as added by this Act, prospective to
September 1, 2003. 

SECTION  6.  Makes application of Section 3(q), Article 3.70-3C, and
Section 843.320, Insurance Code, as added by this Act, prospective to
September 1, 2003. 

SECTION  7.  Effective date:  September 1, 2003.