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Amend SB 23, on third reading, as follows:
(1) In added Subdivision (1), Section 1302.001, Insurance
Code, as added by Floor Amendment No. 6, by Eiland, after
"provider.", insert "The term does not include a discount health
care program operator."
(2) In added Section 1302.001, Insurance Code, as added by
Floor Amendment No. 6, by Eiland, following Subdivision (1) of that
section, insert the following new subdivision:
(1-a) "Discount health care program operator" means a person
who, in exchange for fees, dues, charges, or other consideration
operates a discount health care program and contracts with
providers, provider networks, or other discount health care program
operators to offer access to health care services at a discount and
determines the charges to members.
(3) In added Subdivision (2), Section 1302.001, Insurance
Code, as added by Floor Amendment No. 6, by Eiland, between "means"
and "a hospital" insert "an individual licensed in this state to
engage in a health profession, other than a physician, and a health
care facility, including".
(4) In Paragraph (A), Subdivision (2), of added Section
1302.002, Insurance Code, as added by Floor Amendment No. 6, by
Eiland, at the end of the paragraph, strike "or".
(5) In Paragraph (B), Subdivision (2), of added Section
1302.002, Insurance Code, as added by Floor Amendment No. 6, by
Eiland, at the end of the paragraph, strike the underlined period
and substitute the following:
"; or
(C) a discount health care program."
(6) In added Section 1302.151, Insurance Code, as added by
Floor Amendment No. 6, by Eiland, following Subsection (c) of that
section, insert the following new Subsections (d) and (e):
(d) Notwithstanding Subsection (b)(1), a discount broker
may offer, but may not require, a contract containing more than one
line of business if each line of business is presented in a separate
exhibit of the contract that includes:
(1) material contract provisions uniquely applicable
to the line of business;
(2) full and complete disclosure of how the contracted
fee schedule for the line of business will be computed, including
the percent of billed charges and percent of Medicare;
(3) a toll-free number or electronic address through
which the physician may request the fee schedule applicable to any
covered services that the physician intends to provide; and
(4) a contract cover page that includes a separate
signature line for each line of business for the physician to
indicate assent to provide services for that line of business and
permit disclosure or transfer of the physician's contracted
discounted fee.
(e) For purposes of this section, "transfer" does not
include a transfer to a discount health care program.
(7) Strike added Subsection (c), Section 1301.056,
Insurance Code, as added by Floor Amendment No. 6, by Eiland, and
substitute the following:
"(c) An insurer, third-party administrator, or other entity
may not access a discounted fee, as described by Subsection (a),
unless notice has been provided to the contracted physicians,
practitioners, institutional providers, and organizations of
physicians and health care providers. For the purposes of the
notice requirements of this subsection, the term "other entity"
does not include an employer that contracts with an insurer or
third-party administrator. For the purposes of this section, the
term "other entity" does not include a discount health care program
operator as that term is defined by Section 1302.001.".