81R16585 JSC-F

By: Gonzalez Toureilles H.B. No. 2581

Substitute the following for H.B. No. 2581:

By: Kolkhorst C.S.H.B. No. 2581

A BILL TO BE ENTITLED

AN ACT

relating to the access to certain information or consideration for a discount health care program or a discount health care program operator.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 76.001(3) and (4), Health and Safety Code, are amended to read as follows:

(3) "Discount health care program" means a business arrangement or contract in which an entity, in exchange for fees, dues, charges, or other consideration, including access to patient information, access to patient prescription drug histories, or drug manufacturer rebates, offers its members access to discounts on health care services provided by health care providers. The term does not include an insurance policy, certificate of coverage, or other product regulated by the Texas Department of Insurance or a self-funded or self-insured employee benefit plan.

(4) "Discount health care program operator" means a person who, in exchange for fees, dues, charges, or other consideration, including access to patient information, access to patient prescription drug histories, or drug manufacturer rebates, 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 charge to members.

SECTION 2. Section 76.053, Health and Safety Code, is amended by adding Subsection (a-1) and amending Subsection (b) to read as follows:

(a-1) A program operator shall, before enrollment, provide each prospective member disclosure materials containing the program operator's policy regarding access to patient information or patient prescription drug histories, including whether the program operator engages in the transfer or sale of a member's patient information or patient prescription drug history.

(b) A marketer shall use disclosure materials that comply with this section [Subsection (a)].

SECTION 3. This Act takes effect September 1, 2009.