Amend CSHB 1342 (Senate committee report) as follows:                        
	(1)  In SECTION 1 of the bill, in added Chapter 1661, 
Insurance Code (page 2, between lines 48 and 49), insert the 
following:
	Sec. 1661.0055.  USE OF TECHNOLOGY: WAIVER.  (a) 
Notwithstanding Section 1661.004, physicians or health care 
providers with fewer than five full-time-equivalent employees are 
not required to use information technology as required under this 
chapter.
	(b)  A health benefit plan issuer may not require, through 
contract or otherwise, physicians or health care providers with 
fewer than five full-time-equivalent employees to use information 
technology as required under this chapter.
	(c)  A contract between the issuer of a health benefit plan 
and a physician or health care provider must provide for a waiver of 
any requirement for the use of information technology as 
established or required under this chapter.
	(d)  The commissioner shall establish the circumstances 
under which the requirements of this chapter do not apply to a 
physician or health care provider including:
		(1)  undue hardship, including fiscal or operational 
hardship; or    
		(2)  any other special circumstance that would justify 
an exclusion. 
	(e)  The commissioner shall establish circumstances under 
which a waiver under Subsection (c) is required, including:
		(1)  undue hardship, including fiscal or operational 
hardship; or    
		(2)  any other special circumstance that would justify 
a waiver.     
	(f)  Any physician or health care provider that is denied a 
waiver by a health benefit plan issuer may appeal the denial to the 
commissioner.  The commissioner shall determine whether a waiver 
must be granted.
	(g)  A health benefit plan issuer may not refuse to contract 
or renew a contract with a physician or health care provider based 
in whole or in part on the physician or provider requesting or 
receiving a waiver or appealing a waiver determination. A health 
benefit plan issuer may not refuse to contract or renew a contract 
with a physician or health care provider based in whole or in part 
on the physician or provider meeting the exemptions contained in 
Subsections (a) and (b).
	(h)  A waiver approved under this section expires September 
1, 2013.  
	(2)  In SECTION 1 of the bill, in added Section 1661.008, 
Insurance Code (page 3, between lines 6 and 7), insert
	"(e)  A waiver approved under this section expires September 
1, 2013."