SRC-JEC S.B. 1680 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1680
78R7956 AJA-DBy: Gallegos
State Affairs
4/4/2003
As Filed


DIGEST AND PURPOSE 

Medical malpractice insurance has been designated an emergency issue for
the 78th Texas Legislature. Currently, licensed admitted insurance
carriers, writing approximately 30 percent of medical malpractice
insurance in Texas, are not rate-regulated, and are therefore not required
to file rate information with the commissioner of insurance.  As proposed,
S.B. 1680 requires a one-time filing of rates and supporting data, by all
medical malpractice insurers, for the purpose of a summary report to the
legislature. 

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 Chapter 5, Insurance Code, by adding Subchapter Q, as
follows: 

SUBCHAPTER Q.  FILING OF RATES FOR PROFESSIONAL LIABILITY INSURANCE FOR
PHYSICIANS AND HEALTH CARE PROVIDERS; REPORT TO LEGISLATURE 

Article 5.151.  FILING OF RATE INFORMATION; REPORT

 Sec. 1.  PURPOSE.  Establishes legislative intent.

Sec. 2.  DEFINITIONS.  Defines "insurer," "supplementary rating
information," and "security" or "securities."   

Sec. 3.  RATE INFORMATION.  (a)  Requires insurers to file rates for
professional liability insurance for physicians and health care providers
and supporting information with the commissioner of insurance
(commissioner) in accordance with the requirements determined by the
commissioner under this article.   

(b)  Requires filings made by each insurer to be sufficient to respond to
the commissioner's request for information under this article and to
provide current and estimated rates for the six-month period following the
effective date of this article based on information reasonably known to
the insurer at the time of filing. 

(c)  Requires the insurer to file, in a format specified by the
commissioner, including an electronic format, certain rate, actuarial,
fee, investment, reinsurance, computer model, and underwriting
information.   

(d)  Requires each insurer that has a share of the market for professional
liability insurance for physicians and health care providers in this state
of five percent or more to file the rating information required under this
section.  Requires the commissioner to determine which insurers that have
a share of that market in this state of less than five percent are
required to file the rating information under this section.  
 
  (e)  Requires the commissioner to determine the date on which the filing
is due. 

(f)  Authorizes the commissioner to require only one filing of rates and
supporting information by an insurer under this section and to require
additional information as provided by Section 4 of this article.  Requires
the commissioner to require the one filing of rates as provided by this
section to be made not later than the 30th day after the effective date of
this article. 

 (g)  Requires the commissioner to issue an order specifying the
information that insurers must file to comply with this article and the
date on which the filing is due.  

(h)  Provides that the commissioner is not required to hold a hearing
before issuing the order required under Subsection (g) of this section. 

(i)  Requires the commissioner to notify an affected insurer of the order
requiring the rate filing information under this section on the day the
order is issued. 

Sec. 4.  ADDITIONAL INFORMATION.  Authorizes the commissioner, after the
initial rate submission under Section 3 of this article, to require an
insurer to provide additional, reasonable information for purposes of the
clarification or completeness of the initial rate submission. 

Sec. 5.  USE OF FILED RATE INFORMATION.  (a)  Provides that information
filed by an insurer with TDI under this article that is confidential under
a law that applied to the insurer before the effective date of this
article remains confidential and is not subject to disclosure under
Chapter 552 (Public Information), Government Code, except that the
information may be disclosed as provided by Section 552.008 (Information
for Legislative Purposes), Government Code.  Requires information
disclosed under Section 552.008, Government Code, to be provided in a
commonly used electronic format, including in spreadsheet or
comma-delimited format, if so requested. Prohibits the information from
being released to the public except in summary form in the report required
under Section 6 of this article. 
 
(b)  Provides that Subsection (a) of this section does not preclude the
use of information filed under this article as evidence in prosecuting a
violation of this code.  Provides that confidential information described
by Subsection (a) of this section that is used in prosecuting a violation
is subject to a protective order until all appeals of the case have been
exhausted.  Provides that if an insurer is found, after the exhaustion of
all appeals, to have violated this code, a copy of the confidential
information used as evidence of the violation is no longer presumed to be
confidential. 
 
Sec. 6.  REPORT.  (a)  Requires the commissioner to submit a report to the
governor, the lieutenant governor, the speaker of the house of
representatives, and the members of the legislature on the information
collected from the filings required under this article.  Requires the
report to be submitted not later than the 30th day after the effective
date of this article.  Authorizes the report to be created based on a
sample of the information provided under Section 3 of this article. 

(b)  Requires the report required under this section to provide certain
information. 

Sec. 7.  NOTIFICATION; NONCOMPLIANCE.  Requires the commissioner to notify
the governor, the lieutenant governor, the speaker of the house of
representatives, and the members of the legislature of the names of the
insurers whom the commissioner requested to make the rate filings under
this article and the names of the insurers who did not respond in whole or
in part to the commissioner's request.  Requires this notification to be
made by separate letter on the fourth day following the date on which the
commissioner determines the filing is due under Section 3(g) of this
article. 

 Sec. 8.  APPLICATION OF CERTAIN LAW.  Provides that Chapter 40 (Duties of
State Office of Administrative Hearings and Commissioner in Certain
Proceedings;  Rate Setting Proceedings) of this code does not apply to an
action of the commissioner under Section 3(g) of this article. 

Sec. 9.  FAILURE TO COMPLY.  Provides that an insurer that fails to comply
with any request for information issued by the commissioner under this
article is subject, after notice and opportunity for hearing, to sanctions
as provided by Chapters 82 (Sanctions) and 84 (Administrative Penalties)
of this code. 

 Sec. 10.  EXPIRATION.  Provides that this article expires December 31,
2003. 
 
SECTION 2.  Provides that the expiration of Article 5.151, Insurance Code,
as added by this Act, does not affect an action or proceeding against an
insurer subject to that law for a failure to comply with that law before
its expiration, regardless of when the action or proceeding was commenced,
and that law is continued in effect for this purpose. 
 
SECTION 3.  Effective date:  upon passage or September 1, 2003.