H.B. No. 1163




AN ACT
relating to contracts between certain health care providers and health benefit plans. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 3(b), Article 3.70-3C, Insurance Code, as added by Chapter 1024, Acts of the 75th Legislature, Regular Session, 1997, is amended by adding Subdivision (5) to read as follows: (5) An insurer may not withhold a designation to a podiatrist described by Subsection (p) of this section. SECTION 2. Section 3, Article 3.70-3C, Insurance Code, as added by Chapter 1024, Acts of the 75th Legislature, Regular Session, 1997, is amended by adding Subsection (p) to read as follows: (p) Notwithstanding Subsection (b) of this section, an insurer may not withhold the designation of preferred provider to a podiatrist licensed by the Texas State Board of Podiatric Medical Examiners who joins the professional practice of a contracted 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. A podiatrist designated as a preferred provider under this subsection must comply with the terms of the preferred provider contract used by the insurer or the insurer's network provider. SECTION 3. Section 843.303, Insurance Code, as effective June 1, 2003, is amended by adding Subsection (c) to read as follows: (c) A health maintenance organization may not deny a contract to a podiatrist described by Section 843.319. SECTION 4. Subchapter I, Chapter 843, Insurance Code, as effective June 1, 2003, is amended by adding Section 843.319 to read as follows: Sec. 843.319. CERTAIN REQUIRED CONTRACTS. Notwithstanding Section 843.304, a health maintenance organization may not deny a contract to a podiatrist licensed by the Texas State Board of Podiatric Medical Examiners who joins the professional practice of a contracted physician or provider, satisfies the application procedures of the health maintenance organization, and meets the qualification and credentialing requirements for contracting with the health maintenance organization. SECTION 5. Section 3(p), Article 3.70-3C, and Section 843.319, Insurance Code, as added by this Act, apply only to an application for designation as a preferred provider or an application to contract with a health maintenance organization submitted to an insurer or health maintenance organization on or after September 1, 2003. An application submitted before that date is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose. SECTION 6. This Act takes effect September 1, 2003. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 1163 was passed by the House on May 2, 2003, by a non-record vote; that the House refused to concur in Senate amendments to H.B. No. 1163 on May 29, 2003, and requested the appointment of a conference committee to consider the differences between the two houses; and that the House adopted the conference committee report on H.B. No. 1163 on May 31, 2003, by a non-record vote. ______________________________ Chief Clerk of the House I certify that H.B. No. 1163 was passed by the Senate, with amendments, on May 28, 2003, by the following vote: Yeas 31, Nays 0; at the request of the House, the Senate appointed a conference committee to consider the differences between the two houses; and that the Senate adopted the conference committee report on H.B. No. 1163 on May 31, 2003, by a viva-voce vote. ______________________________ Secretary of the Senate APPROVED: __________________ Date __________________ Governor