79R9718 T

By:  Smithee                                                      H.B. No. 2678



A BILL TO BE ENTITLED

AN ACT

relating to a prohibition of the use of certain information for 
professional liability insurance for physicians and health care 
providers.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 5.15-1, Insurance Code, is amended by 
adding Sec. 12 to read as follows:
	Sec. 12.  PROHIBITION OF THE USE OF CERTAIN INFORMATION FOR A 
PHYSICIAN OR HEALTH CARE PROVIDER.  (a)  An insurer licensed to 
write or engaged in writing professional liability insurance under 
this article may not consider whether or not, or the extent to 
which, a physician or health care provider provides services to 
individuals who are recipients of Medicaid or the Children's Health 
Insurance Program (CHIP) in this state, including any consideration 
resulting in:
		(1)  denial of coverage;                                               
		(2)  refusal to renew coverage;                                        
		(3)  cancellation of coverage;                                         
		(4)  limitation of the amount, extent, or kind of 
coverage available; or
		(5)  a determination of the rate or premium to be paid.                
	(b)  The commissioner may adopt rules as necessary to 
implement this section.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.