BILL ANALYSIS

Senate Research Center	H.B. 1776
82R19472 RWG-F	By: Lozano et al. (Carona)
	State Affairs
	5/17/2011
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Current law allows for dental insurance carriers to implement contract provisions that set a limit on the amount contracting dentists can charge an insured patient for services not covered by the plan.  Historically, when a contracting dentist treats a patient for procedures that either are not covered by the plan contract or not covered because the patient had exhausted their annual maximum, the participating dentist can bill the patient at the usual and customary fee.  Insurance companies are now trying to set limits on what dentists may charge for services not covered under the plan contract.

At this time, 16 state have enacted legislation to prevent caps on non-covered services.  A non-covered service is considered to be any service for which the third-party contract provides either no benefit or no reimbursement, including services that exceed the annual or lifetime maximums and services provided during waiting periods.

H.B. 1776 amends current law relating to contracts between dentists and health maintenance organizations or insurers.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter I, Chapter 843, Insurance Code, by adding Section 843.3115, as follows:

Sec. 843.3115.  CONTRACTS WITH DENTISTS.  (a) Defines, in this section, "covered service."

(b) Prohibits a contract between a health maintenance organization and a dentist from limiting the fee the dentist may charge for a service that is not a covered service.

SECTION 2.  Amends Subchapter E, Chapter 1451, Insurance Code, by adding Section 1451.2065, as follows:

Sec. 1451.2065.  CONTRACTS WITH DENTISTS.  (a) Defines, in this section, "covered service."

(b) Prohibits a contract between an insurer and a dentist from limiting the fee the dentist may charge for a service that is not a covered service.

SECTION 3.  Makes application of Sections 843.3115 and 1451.2065, Insurance Code, as added by this Act, prospective.

SECTION 4.  Effective date:  September 1, 2011.