78R2573 AJA-D

By:  Nelson                                                       S.B. No. 431


A BILL TO BE ENTITLED
AN ACT
relating to health care benefit mandates and offer of coverage mandates. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Title 1, Insurance Code, is amended by adding Chapter 28 to read as follows:
CHAPTER 28. ASSESSMENT OF HEALTH CARE BENEFIT AND OFFER OF COVERAGE MANDATES
SUBCHAPTER A. GENERAL PROVISIONS
Art. 28.001. GENERAL DEFINITIONS. In this chapter: (1) "Certified actuary" means: (A) a fellow of the Society of Actuaries; (B) a fellow of the Casualty Actuarial Society; or (C) a member of the American Academy of Actuaries. (2) "Health care benefit mandate" means a state law that requires a health benefit plan to provide coverage or reimbursement for a specific health care service, treatment, or procedure, a specific medical condition or illness, or a particular group of people who would otherwise be excluded, or to reimburse a specific type of health care provider directly or in a specific amount. The term does not include an offer of coverage mandate. (3) "Offer of coverage mandate" means a state law that requires a health benefit plan to offer as part of the plan's benefit schedule coverage that may be rejected by the contract holder and for which an additional premium may be charged. Art. 28.002. DEFINITION OF HEALTH BENEFIT PLAN. (a) In this chapter, "health benefit plan" means a plan that provides benefits for medical or surgical expenses incurred as a result of a health condition, accident, or sickness, including an individual, group, blanket, or franchise insurance policy or insurance agreement, a group hospital service contract, or an individual or group evidence of coverage or similar coverage document that is offered by: (1) an insurance company; (2) a group hospital service corporation operating under Chapter 842 of this code; (3) a fraternal benefit society operating under Chapter 885 of this code; (4) a stipulated premium insurance company operating under Chapter 884 of this code; (5) an exchange operating under Chapter 942 of this code; (6) a health maintenance organization operating under Chapter 843 of this code; (7) a multiple employer welfare arrangement that holds a certificate of authority under Chapter 846 of this code; (8) an approved nonprofit health corporation that holds a certificate of authority under Chapter 844 of this code; or (9) a Lloyd's plan operating under Chapter 941 of this code. (b) "Health benefit plan" does not include: (1) a plan that provides coverage only: (A) for benefits for a specified disease or for another limited benefit other than for cancer; (B) for accidental death or dismemberment; (C) for wages or payments in lieu of wages for a period during which an employee is absent from work because of sickness or injury; (D) as a supplement to a liability insurance policy; (E) for credit insurance; (F) for dental or vision care; or (G) for indemnity for hospital confinement; (2) a Medicare supplemental policy as defined by Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss), as amended; (3) a workers' compensation insurance policy; (4) medical payment insurance coverage provided under a motor vehicle insurance policy; or (5) a long-term care insurance policy, including a nursing home fixed indemnity policy, unless the commissioner determines that the policy provides benefit coverage so comprehensive that the policy is a health benefit plan as described by Subsection (a) of this article.
[Articles 28.003-28.050 reserved for expansion]
SUBCHAPTER B. IMPACT ASSESSMENT OF PROPOSED MANDATE BY LEGISLATIVE BUDGET BOARD
Art. 28.051. REQUEST FOR IMPACT ASSESSMENT. If the chair of a standing committee of the legislature determines that a bill referred to that committee would, if enacted, create a health care benefit mandate or an offer of coverage mandate, the chair shall send a copy of the bill to the Legislative Budget Board and request that an impact assessment of the mandate be prepared. Art. 28.052. PREPARATION OF IMPACT ASSESSMENT; ACTUARIAL ASSISTANCE REQUIRED. (a) On receipt of a bill under Article 28.051 of this code, the Legislative Budget Board shall prepare a written impact assessment of the mandate in accordance with this subchapter. (b) In preparing an impact assessment, the director of the Legislative Budget Board may: (1) use any information supplied by any person, agency, organization, or governmental unit that the director determines is reliable; and (2) obtain assistance in preparing the assessment from any state agency or by contract with a private entity. (c) The Legislative Budget Board shall obtain the assistance of at least one certified actuary who is qualified to provide an opinion relating to an impact assessment under this subchapter. (d) An impact assessment prepared under this subchapter must include: (1) any report relating to the mandate produced by an actuary or other expert retained by the Legislative Budget Board; and (2) a description of all underlying assumptions, data, and studies on which the evaluation was based. (e) Not later than the 21st day after the date the Legislative Budget Board receives a request for an impact assessment under Article 28.051 of this code, the director of the board shall submit the impact assessment to the chair of the committee making the request. Art. 28.053. CONTENTS OF IMPACT ASSESSMENT. (a) An impact assessment of a health care benefit mandate or offer of coverage mandate prepared under this subchapter must include, as applicable: (1) the level of demand in the state for the coverage that is the subject of the mandate, including the number and percentage of people in the state who are affected by the medical condition or illness that is the subject of the mandate or who would be likely to use the coverage that is the subject of the mandate; (2) the extent to which the coverage is available under health benefit plans that are in effect at the time the impact assessment is made; (3) the extent to which any health care service, treatment, or procedure that would be required under the mandate would be available in the absence of health benefit plan coverage; (4) the epidemiological impact and medical efficacy of the health care service, treatment, or procedure, including the impact of the service, treatment, or procedure on an individual's health status and the effect on an individual's health status of not providing the service, treatment, or procedure; (5) the direct impact of the mandate on health benefit plan premiums; (6) the net impact of the mandate on premiums, considering the extent to which the coverage is already provided under health benefit plans that are in effect at the time the impact assessment is made and the extent to which other costs are offset by the mandate; (7) the costs to an individual of obtaining the health care service, treatment, or procedure in the absence of health benefit plan coverage; (8) the fiscal impact on the state associated with enacting the mandate and with not enacting the mandate; (9) the impact on the economy and society of not providing the health care service, treatment, or procedure; (10) the impact of the health care service, treatment, or procedure on the use of sick days and disability costs; (11) the relative quality and cost-efficiency of the care that is the subject of the mandate in the absence of health benefit plan coverage; and (12) a description of the extent to which the health care benefit mandate or offer of coverage mandate is required by federal law and the consequences of not enacting a mandate that includes the minimum requirements of the federal law. (b) For an offer of coverage mandate, the impact assessment must also estimate the difference in the cost of a health benefit plan that provides the coverage and a comparable health benefit plan that does not provide the coverage. (c) For a health care benefit mandate, the impact assessment must also estimate the impact of the mandate if the mandate was an offer of coverage mandate. (d) An impact assessment must provide a separate analysis of the cost to the Employees Retirement System of Texas of providing the coverage that is the subject of the mandate being assessed to the population covered by the uniform group insurance program or a successor program, even if the program would not be subject to the mandate. (e) An impact assessment must provide a separate analysis of the costs of the health benefit plan mandate or offer of coverage mandate for: (1) group health benefit plans, collectively and according to the type of plan; (2) individual health benefit plans; and (3) small employer health benefit plans written under Chapter 26 of this code, even if those plans would not be subject to the mandate. Art. 28.054. IMPACT ASSESSMENT IN CERTAIN CIRCUMSTANCES. If the director of the Legislative Budget Board determines that the impact of a proposed health benefit plan mandate or offer of coverage mandate cannot be fully ascertained or the director is unable to acquire or develop sufficient information to prepare a complete impact assessment within the time prescribed by Article 28.052(e) of this code, the director shall: (1) report that fact in writing to the chair of the committee requesting the impact assessment; and (2) prepare an impact assessment that: (A) complies as much as possible with the requirements of Article 28.053 of this code; and (B) explains which of the applicable requirements of that article are not met and why they are not met. Art. 28.055. DISTRIBUTION OF IMPACT ASSESSMENT. Copies of an impact assessment prepared under this subchapter must be distributed to the members of the committee before the committee votes on the bill to which the assessment relates. The assessment shall be attached to the bill on first printing. If the bill is amended by the committee in a way that alters a mandate, the chair shall obtain an updated impact assessment, which shall also be attached to the bill on first printing. Art. 28.056. IMPACT ASSESSMENT REMAINS WITH BILL. An impact assessment prepared under this subchapter shall remain with the bill to which the assessment relates throughout the entire legislative process, including submission to the governor.
[Articles 28.057-28.100 reserved for expansion]
SUBCHAPTER C. ASSESSMENT OF ENACTED MANDATE BY SUNSET ADVISORY COMMISSION; EXPIRATION OF MANDATE
Art. 28.101. DEFINITION. In this subchapter, "review date" means the review date assigned by the commissioner to a health care benefit mandate or offer of coverage mandate under Article 28.103 of this code. Art. 28.102. APPLICABILITY OF SUBCHAPTER. This subchapter applies to a health care benefit mandate or offer of coverage mandate provided for: (1) in a statute; or (2) in a rule adopted by the commissioner. Art. 28.103. REVIEW DATES. (a) The commissioner shall assign a review date to each health care benefit mandate or offer of coverage mandate. (b) In assigning review dates, the commissioner shall: (1) consider the amount of time a mandate has been in effect and whether the mandate has been substantially amended since the mandate became effective; and (2) except as provided by Subsection (c) of this article, and to the extent possible while complying with Subsection (d) of this article, assign review dates to mandates according to the amount of time the mandates have been in effect in substantially the same form, with the mandates that have been in effect in substantially the same form for the longest period having the earliest review dates. (c) The commissioner may assign the same review date to mandates that are substantially similar or substantively related to each other. (d) Except as provided by this subsection, the commissioner may not assign the same review date to more than five mandates. If the commissioner assigns the same review date to mandates that are substantially similar or substantively related to each other, the commissioner may count those mandates as one mandate for the purposes of this subsection. (e) The review date: (1) must be September 1 of an even-numbered year; and (2) may not be earlier than September 1 of the even-numbered year following the fifth anniversary of the date the mandate is adopted. (f) Notwithstanding Subsection (e) of this article, for a mandate that was adopted on or before September 1, 2001, the review date may not be earlier than September 1, 2006. This subsection expires December 31, 2007. Art. 28.104. ASSESSMENT OF MANDATE. (a) Before the review date for a health care benefit mandate or an offer of coverage mandate, the Sunset Advisory Commission shall: (1) review and take action necessary to verify the reports relating to the mandate submitted by the department and the Texas Department of Health under Article 28.151 of this code; (2) conduct an assessment of the mandate based on the criteria provided by Article 28.107 of this code and prepare a written report; and (3) review any prior commission recommendations relating to the mandate in reports presented to the legislature under this subchapter in a preceding legislative session. (b) A report prepared by the Sunset Advisory Commission under this article is a public record. Art. 28.105. PUBLIC HEARINGS. (a) Between the review date for a health care benefit mandate or offer of coverage mandate and December 1 of the calendar year in which the review date occurs, the Sunset Advisory Commission shall conduct public hearings concerning the assessment of the mandate provided by Article 28.107 of this code. (b) The Sunset Advisory Commission may hold public hearings under this article before the review date if the report required under Article 28.104 is complete and available to the public. Art. 28.106. REPORT; RECOMMENDATION. (a) Not later than January 1 of the year of a regular legislative session, the Sunset Advisory Commission shall present to the legislature and the governor a report on each health care benefit mandate or offer of coverage mandate that was assessed under this subchapter during the preceding year. (b) In the report the Sunset Advisory Commission shall include: (1) the specific findings of the commission regarding each of the criteria considered under Article 28.107 of this code; (2) recommendations of the commission regarding whether the mandate should be continued, modified, or repealed; and (3) any other information the commission considers necessary for a complete assessment of the mandate. Art. 28.107. CRITERIA FOR ASSESSMENT. (a) The Sunset Advisory Commission and the commission's staff, in determining whether a health care benefit mandate or an offer of coverage mandate should be continued, modified, or repealed, shall consider, as applicable: (1) the level of demand in the state for the coverage that is the subject of the mandate, including the number and percentage of people, statewide and among distinct population groups, who are affected by the medical condition or illness that is the subject of the mandate or who use the coverage that is the subject of the mandate; (2) the extent to which any health care service, treatment, or procedure that would be required under the mandate would be available in the absence of health benefit plan coverage; (3) the epidemiological impact and medical efficacy of the health care service, treatment, or procedure, including the impact of the service, treatment, or procedure on an individual's health status and the effect on an individual's health status of not providing the service, treatment, or procedure; (4) the direct impact of the mandate on health benefit plan premiums; (5) the net impact of the mandate on premiums, considering the extent to which other costs are offset by the mandate; (6) the costs to an individual of obtaining the health care service, treatment, or procedure in the absence of health benefit plan coverage; (7) the fiscal impact on the state associated with continuing the mandate and with repealing the mandate; (8) the impact on the economy and society of not providing the health care service, treatment, or procedure; (9) the impact of the health care service, treatment, or procedure on the use of sick days and disability costs; (10) the relative quality and cost-efficiency of the care that is the subject of the mandate in the absence of health benefit plan coverage; and (11) the extent to which the mandate being assessed is required by federal law and the consequences of repealing the mandate or continuing the mandate in a form that does not include the minimum requirements of the federal law. (b) In considering a mandate's impact on health benefit plan premiums under Subsection (a) of this article, the Sunset Advisory Commission and the commission's staff shall, if applicable, provide a separate analysis of the impact of a health care benefit mandate or offer of coverage mandate on: (1) group health benefit plans collectively and according to the type of plan; (2) individual health benefit plans; and (3) small employer health benefit plans written under Chapter 26 of this code. Art. 28.108. PREPARATION OF REPORT; ACTUARIAL ASSISTANCE REQUIRED. (a) The Sunset Advisory Commission may contract with any person to provide actuarial, medical, or economic expertise or other expertise or services as necessary to allow the commission to prepare a report required under this subchapter. (b) The Sunset Advisory Commission shall obtain the assistance of at least one certified actuary who is qualified to provide an opinion relating to a report under this subchapter. Art. 28.109. CONTINUATION OF MANDATE; SUBSEQUENT REVIEW. (a) A health care benefit mandate or offer of coverage mandate shall continue in effect until such time as the legislature acts on the recommendation of the commission according to Article 28.106 of this code. (b) After a health benefit mandate or offer of coverage mandate is reviewed under this subchapter, the commissioner shall set a subsequent review date for the mandate that is not later than the 12th anniversary of the previous review date. (c) This subchapter does not prohibit the legislature from: (1) repealing a health care benefit mandate or offer of coverage mandate; or (2) considering any other legislation relating to a mandate.
[Articles 28.110-28.150 reserved for expansion]
SUBCHAPTER D. DATA REPORTING
Art. 28.151. DATA REPORTING. (a) Before July 1 of the calendar year in which the review date assigned to a health care benefit mandate or an offer of coverage mandate under Article 28.103 of this code occurs: (1) the department shall report to the Sunset Advisory Commission: (A) information regarding the costs associated with the mandate, including the claims paid under health benefit plans that are related to the mandate and the premiums charged for coverage required by the mandate, including appropriate information collected by the department under Subchapter F, Chapter 38, of this code, as added by Chapter 852, Acts of the 77th Legislature, Regular Session, 2001; and (B) any other information that the commissioner considers appropriate or that is requested by the Sunset Advisory Commission to the extent that the information is available; and (2) the Texas Department of Health shall report to the Sunset Advisory Commission: (A) information regarding the epidemiological impact and the medical efficacy of the coverage required by the mandate, if applicable; and (B) any other information that the commissioner of public health considers appropriate or that is requested by the Sunset Advisory Commission. (b) The department and the Texas Department of Health shall provide, to the extent the information is available to the agency, any information requested by the Legislative Budget Board for the purpose of preparing an impact assessment under Subchapter B of this chapter. SECTION 2. (a) This Act takes effect September 1, 2003. (b) Not later than June 1, 2004, the commissioner of insurance shall adopt rules as necessary to implement Subchapter C, Chapter 28, Insurance Code, as added by this Act.