78R5358 AKH-F

By:  Thompson                                                     H.B. No. 1163


A BILL TO BE ENTITLED
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 practitioner described by Subsection (q) of this section who complies with the terms and conditions established by the insurer. 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 Subsections (p) and (q) to read as follows: (p) An insurer shall pay a podiatrist licensed by the Texas State Board of Podiatric Medical Examiners for a covered service the same amount and in the same manner as a physician who renders the same covered service. (q) An insurer may not withhold the designation of preferred provider to a practitioner who joins 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. 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 physician or provider described by Section 843.320. SECTION 4. Subchapter I, Chapter 843, Insurance Code, as effective June 1, 2003, is amended by adding Sections 843.319 and 843.320 to read as follows: Sec. 843.319. PODIATRIST SERVICES. A health maintenance organization shall pay a podiatrist licensed by the Texas State Board of Podiatric Medical Examiners 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. A health maintenance organization may not deny 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. Section 3(p), Article 3.70-3C, and Section 843.319, Insurance Code, as added by this Act, apply only to a claim for reimbursement submitted to an insurer or health maintenance organization on or after September 1, 2003. A claim 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. Section 3(q), Article 3.70-3C, and Section 843.320, 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 7. This Act takes effect September 1, 2003.