87R17779 JES-D
 
  By: Shaheen H.B. No. 1427
 
  Substitute the following for H.B. No. 1427:
 
  By:  Paddie C.S.H.B. No. 1427
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the disclosure of negotiated rates requested by members
  of the legislature from certain health care vendors that contract
  with this state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter Z, Chapter 2252, Government Code, is
  amended by adding Section 2252.909 to read as follows:
         Sec. 2252.909.  LEGISLATIVE REQUEST FOR NEGOTIATED RATES
  UNDER CERTAIN HEALTH BENEFIT CONTRACTS. (a) In this
  section,  "health care vendor" means:
               (1)  a health benefit plan issuer that contracts with
  this state for the administration of health benefits; and
               (2)  a managed care organization that contracts with
  the Health and Human Services Commission to administer health
  benefits for Medicaid recipients through a managed care plan.
         (b)  This section applies only to a health care vendor that
  contracts with this state, including with an agency of this state,
  to administer health benefits under:
               (1)  a basic coverage plan under Chapter 1551,
  Insurance Code;
               (2)  a basic plan under Chapter 1575, Insurance Code;
               (3)  a primary care coverage plan under Chapter 1579,
  Insurance Code;
               (4)  a plan providing basic coverage under Chapter
  1601, Insurance Code; or
               (5)  the state Medicaid program, including the Medicaid
  managed care program operated under Chapter 533.
         (c)  A member of the legislature may request from a health
  care vendor information regarding any negotiated rate included in a
  contract between the vendor and this state for the administration
  of health benefits. 
         (d)  On receipt of a written request for information under
  Subsection (c), the health care vendor shall provide the requested
  information to the member of the legislature who submitted the
  request.
         (e)  A health care vendor, by providing information under
  this section that is confidential or otherwise excepted from
  required disclosure under law, does not waive or affect the
  confidentiality of the information for purposes of state or federal
  law or waive the right to assert exceptions to required disclosure
  of the information in the future.
         (f)  A member of the legislature or legislative staff who
  receives information from a health care vendor under this section
  may not disclose that information to any person who does not have a
  right to access that information under this section.
         SECTION 2.  Section 2252.909, Government Code, as added by
  this Act, applies only to a health care vendor that enters into or
  renews a contract with the State of Texas on or after the effective
  date of this Act.
         SECTION 3.  This Act takes effect September 1, 2021.