|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to network adequacy standards for preferred provider |
|
benefit plans. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 1301.0055, Insurance Code, is amended by |
|
amending Subsections (a) and (b) and adding Subsection (d) to read |
|
as follows: |
|
(a) The commissioner shall by rule adopt network adequacy |
|
standards that: |
|
(1) require an insurer offering a preferred provider |
|
benefit plan to: |
|
(A) monitor compliance with network adequacy |
|
standards, including provisions of this chapter relating to network |
|
adequacy, on an ongoing basis, reporting any material deviation |
|
from network adequacy standards to the department within 30 days of |
|
the date the material deviation occurred; and |
|
(B) promptly take any corrective action required |
|
to ensure that the network is compliant not later than the 90th day |
|
after the date the material deviation occurred unless: |
|
(i) there are no uncontracted licensed |
|
physicians or health care providers in the affected county; or |
|
(ii) the insurer requests a waiver under |
|
this subsection; |
|
(2) ensure availability of, and accessibility to, a |
|
full range of contracted physicians and health care providers to |
|
provide current and projected utilization of health care services |
|
for adult and minor insureds; |
|
(3) may allow a waiver for a departure from network |
|
adequacy standards for a period not to exceed one year if the |
|
commissioner determines [after receiving public testimony at a |
|
public hearing under Section 1301.00565] that good cause is shown |
|
and posts on the department's Internet website the name of the |
|
preferred provider benefit plan, the insurer offering the plan, |
|
each affected county, the specific network adequacy standards |
|
waived, and the insurer's access plan; |
|
(4) require disclosure by the insurer of the |
|
information described by Subdivision (3) in all promotion and |
|
advertisement of the preferred provider benefit plan for which a |
|
waiver is allowed under that subdivision; and |
|
(5) [except as provided by Subdivision (6), limit a |
|
waiver from being issued to a preferred provider benefit plan: |
|
[(A) more than twice consecutively for the same |
|
network adequacy standard in the same county unless the insurer |
|
demonstrates, in addition to the good cause described by |
|
Subdivision (3), multiple good faith attempts to bring the plan |
|
into compliance with the network adequacy standard during each of |
|
the prior consecutive waiver periods; or |
|
[(B) more than a total of four times within a |
|
21-year period for each county in a service area for issues that may |
|
be remedied through good faith efforts; and |
|
[(6)] authorize the commissioner to issue a waiver |
|
[that would otherwise be unavailable under Subdivision (5)] if the |
|
waiver request demonstrates, and the department confirms annually, |
|
that there are no uncontracted physicians or health care providers |
|
in the area to meet the specific standard for a county in a service |
|
area. |
|
(b) The standards described by Subsection (a)(2) must |
|
include factors regarding time and[,] distance[, and appointment |
|
availability]. The factors must: |
|
(1) require that all insureds are able to receive an |
|
appointment with a preferred provider within the maximum travel |
|
times and distances established under Sections 1301.00553 and |
|
1301.00554; |
|
(2) [require that all insureds are able to receive an |
|
appointment with a preferred provider within the maximum |
|
appointment wait times established under Section 1301.00555; |
|
[(3)] require a preferred provider benefit plan to |
|
ensure sufficient choice, access, and quality of physicians and |
|
health care providers, in number, size, and geographic |
|
distribution, to be capable of providing the health care services |
|
covered by the plan from preferred providers to at least 75 percent |
|
of [all] insureds within the insurer's designated service area, |
|
taking into account the insureds' characteristics, medical |
|
conditions, and health care needs, including: |
|
(A) the current utilization of covered health |
|
care services within the counties of the service area; and |
|
(B) an actuarial projection of utilization of |
|
covered health care services, physicians, and health care providers |
|
needed within the counties of the service area to meet the needs of |
|
the number of projected insureds; |
|
(3) [(4)] require a sufficient number of preferred |
|
providers of emergency medicine, anesthesiology, pathology, |
|
radiology, neonatology, oncology, including medical, surgical, and |
|
radiation oncology, surgery, and hospitalist, intensivist, and |
|
diagnostic services, including radiology and laboratory services, |
|
at each preferred hospital, ambulatory surgical center, or |
|
freestanding emergency medical care facility that credentials the |
|
particular specialty to ensure at least 75 percent of [all] |
|
insureds are able to receive covered benefits, including access to |
|
clinical trials covered by the health benefit plan, at that |
|
preferred location; |
|
(4) [(5)] require that all insureds have the ability |
|
to access a preferred institutional provider listed in Section |
|
1301.00553 within the maximum travel times and distances |
|
established under Section 1301.00553 for the corresponding county |
|
classification; |
|
(5) [(6)] require that insureds have the option of |
|
facilities, if available, of pediatric, for-profit, nonprofit, and |
|
tax-supported institutions, with special consideration to |
|
contracting with: |
|
(A) teaching hospitals that provide indigent |
|
care or care for uninsured individuals as a significant percentage |
|
of their overall patient load; and |
|
(B) teaching facilities that specialize in |
|
providing care for rare and complex medical conditions and |
|
conducting clinical trials; |
|
(6) [(7)] require that there is an adequate number of |
|
preferred provider physicians who have admitting privileges at one |
|
or more preferred provider hospitals located within the insurer's |
|
designated service area to make any necessary hospital admissions; |
|
(7) [(8)] provide for necessary hospital services by |
|
requiring contracting with general, pediatric, specialty, and |
|
psychiatric hospitals on a preferred benefit basis within the |
|
insurer's designated service area, as applicable; |
|
(8) [(9)] ensure that emergency care, as defined by |
|
Section 1301.155, is available and accessible 24 hours a day, seven |
|
days a week, by preferred providers; |
|
(9) [(10)] ensure that covered urgent care is |
|
available and accessible from preferred providers within the |
|
insurer's designated service area within 24 hours for medical and |
|
behavioral health conditions; |
|
(10) [(11)] require an adequate number of preferred |
|
providers to be available and accessible to insureds 24 hours a day, |
|
seven days a week, within the insurer's designated service area; |
|
and |
|
(11) [(12)] require sufficient numbers and classes of |
|
preferred providers to ensure choice, access, and quality of care |
|
across the insurer's designated service area. |
|
(d) For the purposes of this section, a preferred provider |
|
within the time and distance requirements of Section 1301.00553 is |
|
considered part of the network adequacy calculation, regardless of |
|
whether the provider's office is located in a different county than |
|
the insured or outside the insurer's service area. |
|
SECTION 2. Sections 1301.00553(c), (d), (e), (f), and (g), |
|
Insurance Code, are amended to read as follows: |
|
(c) Maximum travel time in minutes and maximum distance in |
|
miles for preferred provider benefit plans by preferred provider |
|
type for each large metro county are: |
|
(1) for the following physicians, as designated by |
|
physician specialty: |
|
|
|
Allergy and Immunology |
40 [30] |
20 [15] |
|
|
Cardiology |
30 [20] |
15 [10] |
|
|
Cardiothoracic Surgery |
40 [30] |
20 [15] |
|
|
Dermatology |
30 [20] |
15 [10] |
|
|
Emergency Medicine |
30 [20] |
15 [10] |
|
|
Endocrinology |
40 [30] |
20 [15] |
|
|
Ear, Nose, and Throat/Otolaryngology |
40 [30] |
20 [15] |
|
|
Gastroenterology |
30 [20] |
15 [10] |
|
|
General Surgery |
30 [20] |
15 [10] |
|
|
Gynecology and Obstetrics |
20 [10] |
10 [5] |
|
|
Infectious Diseases |
40 [30] |
20 [15] |
|
|
Nephrology |
40 [30] |
20 [15] |
|
|
Neurology |
30 [20] |
15 [10] |
|
|
Neurosurgery |
40 [30] |
20 [15] |
|
|
Oncology: Medical, Surgical |
30 [20] |
15 [10] |
|
|
Oncology: Radiation |
40 [30] |
20 [15] |
|
|
Ophthalmology |
30 [20] |
15 [10] |
|
|
Orthopedic Surgery |
30 [20] |
15 [10] |
|
|
Physical Medicine and Rehabilitation |
40 [30] |
20 [15] |
|
|
Plastic Surgery |
40 [30] |
20 [15] |
|
|
Primary Care: Adults |
20 [10] |
10 [5] |
|
|
Primary Care: Pediatric |
20 [10] |
10 [5] |
|
|
Psychiatry |
30 [20] |
15 [10] |
|
|
Pulmonology |
30 [20] |
15 [10] |
|
|
Rheumatology |
40 [30] |
20 [15] |
|
|
|
|
Vascular Surgery |
40 [30] |
20 [15] |
|
|
(2) for health care practitioners in the following |
|
disciplines: |
|
|
|
Chiropractic |
40 [30] |
20 [15] |
|
|
Occupational Therapy |
30 [20] |
15 [10] |
|
|
Physical Therapy |
30 [20] |
15 [10] |
|
|
|
|
Speech Therapy |
30 [20] |
15 [10] |
|
|
(3) for the following types of institutional |
|
providers: |
|
|
|
Acute Inpatient Hospitals (Emergency Services Available 24/7) |
30 [20] |
15 [10] |
|
|
Acute Inpatient Hospitals (Emergency Services Available 24/7) |
30 [20] |
15 [10] |
|
|
Cardiac Catheterization Services |
40 [30] |
20 [15] |
|
|
Cardiac Surgery Program |
40 [30] |
20 [15] |
|
|
Critical Care Services: Intensive Care Units |
30 [20] |
15 [10] |
|
|
Diagnostic Radiology (Freestanding; Hospital Outpatient; Ambulatory Health Facilities with Diagnostic Radiology) |
30 [20] |
15 [10] |
|
|
Diagnostic Radiology (Freestanding; Hospital Outpatient; Ambulatory Health Facilities with Diagnostic Radiology) |
30 [20] |
15 [10] |
|
|
Diagnostic Radiology (Freestanding; Hospital Outpatient; Ambulatory Health Facilities with Diagnostic Radiology) |
30 [20] |
15 [10] |
|
|
Inpatient or Residential Behavioral Health Facility Services |
40 [30] |
20 [15] |
|
|
Inpatient or Residential Behavioral Health Facility Services |
40 [30] |
20 [15] |
|
|
Mammography |
30 [20] |
15 [10] |
|
|
Outpatient Infusion/Chemotherapy |
30 [20] |
15 [10] |
|
|
Skilled Nursing Facilities |
30 [20] |
15 [10] |
|
|
Surgical Services (Outpatient or Ambulatory Surgical Center) |
30 [20] |
15 [10] |
|
|
Surgical Services (Outpatient or Ambulatory Surgical Center) |
30 [20] |
15 [10] |
|
|
(4) for the following settings: |
|
|
|
Outpatient Clinical Behavioral Health (Licensed, Accredited, or Certified) |
20 [10] |
10 [5] |
|
|
Outpatient Clinical Behavioral Health (Licensed, Accredited, or Certified) |
20 [10] |
10 [5] |
|
|
Urgent Care |
30 [20] |
15 [10] |
|
|
(d) Maximum travel time in minutes and maximum distance in |
|
miles for preferred provider benefit plans by preferred provider |
|
type for each metro county are: |
|
(1) for the following physicians, as designated by |
|
physician specialty: |
|
|
|
Allergy and Immunology |
60 [45] |
40 [30] |
|
|
Cardiology |
45 [30] |
30 [20] |
|
|
Cardiothoracic Surgery |
75 [60] |
50 [40] |
|
|
Dermatology |
60 [45] |
40 [30] |
|
|
Emergency Medicine |
60 [45] |
40 [30] |
|
|
Endocrinology |
75 [60] |
50 [40] |
|
|
Ear, Nose, and Throat/Otolaryngology |
60 [45] |
40 [30] |
|
|
Gastroenterology |
60 [45] |
40 [30] |
|
|
General Surgery |
45 [30] |
30 [20] |
|
|
Gynecology and Obstetrics |
30 [15] |
20 [10] |
|
|
Infectious Diseases |
75 [60] |
50 [40] |
|
|
Nephrology |
60 [45] |
40 [30] |
|
|
Neurology |
60 [45] |
40 [30] |
|
|
Neurosurgery |
75 [60] |
50 [40] |
|
|
Oncology: Medical, Surgical |
60 [45] |
40 [30] |
|
|
Oncology: Radiation |
75 [60] |
50 [40] |
|
|
Ophthalmology |
45 [30] |
30 [20] |
|
|
Orthopedic Surgery |
45 [30] |
30 [20] |
|
|
Physical Medicine and Rehabilitation |
60 [45] |
40 [30] |
|
|
Plastic Surgery |
75 [60] |
50 [40] |
|
|
Primary Care: Adults |
30 [15] |
20 [10] |
|
|
Primary Care: Pediatric |
30 [15] |
20 [10] |
|
|
Psychiatry |
60 [45] |
40 [30] |
|
|
Pulmonology |
60 [45] |
40 [30] |
|
|
Rheumatology |
75 [60] |
50 [40] |
|
|
|
|
Vascular Surgery |
75 [60] |
50 [40] |
|
|
(2) for health care practitioners in the following |
|
disciplines: |
|
|
|
Chiropractic |
60 [45] |
40 [30] |
|
|
Occupational Therapy |
60 [45] |
40 [30] |
|
|
Physical Therapy |
60 [45] |
40 [30] |
|
|
|
|
Speech Therapy |
60 [45] |
40 [30] |
|
|
(3) for the following types of institutional |
|
providers: |
|
|
|
Acute Inpatient Hospitals (Emergency Services Available 24/7) |
60 [45] |
40 [30] |
|
|
Acute Inpatient Hospitals (Emergency Services Available 24/7) |
60 [45] |
40 [30] |
|
|
Cardiac Catheterization Services |
75 [60] |
50 [40] |
|
|
Cardiac Surgery Program |
75 [60] |
50 [40] |
|
|
Critical Care Services: Intensive Care Units |
60 [45] |
40 [30] |
|
|
Diagnostic Radiology (Freestanding; Hospital Outpatient; Ambulatory Health Facilities with Diagnostic Radiology) |
60 [45] |
40 [30] |
|
|
Diagnostic Radiology (Freestanding; Hospital Outpatient; Ambulatory Health Facilities with Diagnostic Radiology) |
60 [45] |
40 [30] |
|
|
Diagnostic Radiology (Freestanding; Hospital Outpatient; Ambulatory Health Facilities with Diagnostic Radiology) |
60 [45] |
40 [30] |
|
|
Inpatient or Residential Behavioral Health Facility Services |
85 [70] |
55 [45] |
|
|
Inpatient or Residential Behavioral Health Facility Services |
85 [70] |
55 [45] |
|
|
Mammography |
60 [45] |
40 [30] |
|
|
Outpatient Infusion/Chemotherapy |
60 [45] |
40 [30] |
|
|
Skilled Nursing Facilities |
60 [45] |
40 [30] |
|
|
Surgical Services (Outpatient or Ambulatory Surgical Center) |
60 [45] |
40 [30] |
|
|
Surgical Services (Outpatient or Ambulatory Surgical Center) |
60 [45] |
40 [30] |
|
|
(4) for the following settings: |
|
|
|
Outpatient Clinical Behavioral Health (Licensed, Accredited, or Certified) |
30 [15] |
20 [10] |
|
|
Outpatient Clinical Behavioral Health (Licensed, Accredited, or Certified) |
30 [15] |
20 [10] |
|
|
Urgent Care |
60 [45] |
40 [30] |
|
|
(e) Maximum travel time in minutes and maximum distance in |
|
miles for preferred provider benefit plans by preferred provider |
|
type for each micro county are: |
|
(1) for the following physicians, as designated by |
|
physician specialty: |
|
|
|
Allergy and Immunology |
110 [80] |
80 [60] |
|
|
Cardiology |
80 [50] |
55 [35] |
|
|
Cardiothoracic Surgery |
130 [100] |
95 [75] |
|
|
Dermatology |
90 [60] |
65 [45] |
|
|
Emergency Medicine |
110 [80] |
80 [60] |
|
|
Endocrinology |
130 [100] |
95 [75] |
|
|
Ear, Nose, and Throat/Otolaryngology |
110 [80] |
80 [60] |
|
|
Gastroenterology |
90 [60] |
65 [45] |
|
|
General Surgery |
80 [50] |
55 [35] |
|
|
Gynecology and Obstetrics |
60 [30] |
40 [20] |
|
|
Infectious Diseases |
130 [100] |
95 [75] |
|
|
Nephrology |
110 [80] |
80 [60] |
|
|
Neurology |
90 [60] |
65 [45] |
|
|
Neurosurgery |
130 [100] |
95 [75] |
|
|
Oncology: Medical, Surgical |
90 [60] |
65 [45] |
|
|
Oncology: Radiation |
130 [100] |
95 [75] |
|
|
Ophthalmology |
80 [50] |
55 [35] |
|
|
Orthopedic Surgery |
80 [50] |
55 [35] |
|
|
Physical Medicine and Rehabilitation |
110 [80] |
80 [60] |
|
|
Plastic Surgery |
130 [100] |
95 [75] |
|
|
Primary Care: Adults |
60 [30] |
40 [20] |
|
|
Primary Care: Pediatric |
60 [30] |
40 [20] |
|
|
Psychiatry |
90 [60] |
65 [45] |
|
|
Pulmonology |
90 [60] |
65 [45] |
|
|
Rheumatology |
130 [100] |
95 [75] |
|
|
|
|
Vascular Surgery |
130 [100] |
95 [75] |
|
|
(2) for health care practitioners in the following |
|
disciplines: |
|
|
|
Chiropractic |
110 [80] |
80 [60] |
|
|
Occupational Therapy |
110 [80] |
80 [60] |
|
|
Physical Therapy |
110 [80] |
80 [60] |
|
|
|
|
Speech Therapy |
110 [80] |
80 [60] |
|
|
(3) for the following types of institutional |
|
providers: |
|
|
|
Acute Inpatient Hospitals (Emergency Services Available 24/7) |
110 [80] |
80 [60] |
|
|
Acute Inpatient Hospitals (Emergency Services Available 24/7) |
110 [80] |
80 [60] |
|
|
Cardiac Catheterization Services |
190 [160] |
140 [120] |
|
|
Cardiac Surgery Program |
190 [160] |
140 [120] |
|
|
Critical Care Services: Intensive Care Units |
190 [160] |
140 [120] |
|
|
Diagnostic Radiology (Freestanding; Hospital Outpatient; Ambulatory Health Facilities with Diagnostic Radiology) |
110 [80] |
80 [60] |
|
|
Diagnostic Radiology (Freestanding; Hospital Outpatient; Ambulatory Health Facilities with Diagnostic Radiology) |
110 [80] |
80 [60] |
|
|
Diagnostic Radiology (Freestanding; Hospital Outpatient; Ambulatory Health Facilities with Diagnostic Radiology) |
110 [80] |
80 [60] |
|
|
Inpatient or Residential Behavioral Health Facility Services |
130 [100] |
95 [75] |
|
|
Inpatient or Residential Behavioral Health Facility Services |
130 [100] |
95 [75] |
|
|
Mammography |
110 [80] |
80 [60] |
|
|
Outpatient Infusion/Chemotherapy |
110 [80] |
80 [60] |
|
|
Skilled Nursing Facilities |
110 [80] |
80 [60] |
|
|
Surgical Services (Outpatient or Ambulatory Surgical Center) |
110 [80] |
80 [60] |
|
|
Surgical Services (Outpatient or Ambulatory Surgical Center) |
110 [80] |
80 [60] |
|
|
(4) for the following settings: |
|
|
|
Outpatient Clinical Behavioral Health (Licensed, Accredited, or Certified) |
60 [30] |
40 [20] |
|
|
Outpatient Clinical Behavioral Health (Licensed, Accredited, or Certified) |
60 [30] |
40 [20] |
|
|
Urgent Care |
110 [80] |
80 [60] |
|
|
(f) Maximum travel time in minutes and maximum distance in |
|
miles for preferred provider benefit plans by preferred provider |
|
type for each rural county are: |
|
(1) for the following physicians, as designated by |
|
physician specialty: |
|
|
|
Allergy and Immunology |
120 [90] |
95 [75] |
|
|
Cardiology |
105 [75] |
80 [60] |
|
|
Cardiothoracic Surgery |
140 [110] |
110 [90] |
|
|
Dermatology |
105 [75] |
80 [60] |
|
|
Emergency Medicine |
105 [75] |
80 [60] |
|
|
Endocrinology |
140 [110] |
110 [90] |
|
|
Ear, Nose, and Throat/Otolaryngology |
120 [90] |
95 [75] |
|
|
Gastroenterology |
105 [75] |
80 [60] |
|
|
General Surgery |
105 [75] |
80 [60] |
|
|
Gynecology and Obstetrics |
70 [40] |
50 [30] |
|
|
Infectious Diseases |
140 [110] |
110 [90] |
|
|
Nephrology |
120 [90] |
95 [75] |
|
|
Neurology |
105 [75] |
80 [60] |
|
|
Neurosurgery |
140 [110] |
110 [90] |
|
|
Oncology: Medical, Surgical |
105 [75] |
80 [60] |
|
|
Oncology: Radiation |
140 [110] |
110 [90] |
|
|
Ophthalmology |
105 [75] |
80 [60] |
|
|
Orthopedic Surgery |
105 [75] |
80 [60] |
|
|
Physical Medicine and Rehabilitation |
120 [90] |
95 [75] |
|
|
Plastic Surgery |
140 [110] |
110 [90] |
|
|
Primary Care: Adults |
70 [40] |
50 [30] |
|
|
Primary Care: Pediatric |
70 [40] |
50 [30] |
|
|
Psychiatry |
105 [75] |
80 [60] |
|
|
Pulmonology |
105 [75] |
80 [60] |
|
|
Rheumatology |
140 [110] |
110 [90] |
|
|
|
|
Vascular Surgery |
140 [110] |
110 [90] |
|
|
(2) for health care practitioners in the following |
|
disciplines: |
|
|
|
Chiropractic |
120 [90] |
95 [75] |
|
|
Occupational Therapy |
105 [75] |
80 [60] |
|
|
Physical Therapy |
105 [75] |
80 [60] |
|
|
Podiatry |
105 [75] |
80 [60] |
|
|
Speech Therapy |
105 [75] |
80 [60] |
|
|
(3) for the following types of institutional |
|
providers: |
|
|
|
Acute Inpatient Hospitals (Emergency Services Available 24/7) |
105 [75] |
80 [60] |
|
|
Acute Inpatient Hospitals (Emergency Services Available 24/7) |
105 [75] |
80 [60] |
|
|
Cardiac Catheterization Services |
175 [145] |
140 [120] |
|
|
Cardiac Surgery Program |
175 [145] |
140 [120] |
|
|
Critical Care Services: Intensive Care Units |
175 [145] |
140 [120] |
|
|
Diagnostic Radiology (Freestanding; Hospital Outpatient; Ambulatory Health Facilities with Diagnostic Radiology) |
105 [75] |
80 [60] |
|
|
Diagnostic Radiology (Freestanding; Hospital Outpatient; Ambulatory Health Facilities with Diagnostic Radiology) |
105 [75] |
80 [60] |
|
|
Diagnostic Radiology (Freestanding; Hospital Outpatient; Ambulatory Health Facilities with Diagnostic Radiology) |
105 [75] |
80 [60] |
|
|
Inpatient or Residential Behavioral Health Facility Services |
120 [90] |
95 [75] |
|
|
Inpatient or Residential Behavioral Health Facility Services |
120 [90] |
95 [75] |
|
|
Mammography |
105 [75] |
80 [60] |
|
|
Outpatient Infusion/Chemotherapy |
105 [75] |
80 [60] |
|
|
Skilled Nursing Facilities |
105 [75] |
80 [60] |
|
|
Surgical Services (Outpatient or Ambulatory Surgical Center) |
105 [75] |
80 [60] |
|
|
Surgical Services (Outpatient or Ambulatory Surgical Center) |
105 [75] |
80 [60] |
|
|
(4) for the following settings: |
|
|
|
Outpatient Clinical Behavioral |
|
|
|
|
Health (Licensed, Accredited, or Certified) |
70 [40] |
50 [30] |
|
|
Urgent Care |
105 [75] |
80 [60] |
|
|
(g) Maximum travel time in minutes and maximum distance in |
|
miles for preferred provider benefit plans by preferred provider |
|
type for each county with extreme access considerations are: |
|
(1) for the following physicians, as designated by |
|
physician specialty: |
|
|
|
Allergy and Immunology |
155 [125] |
140 [110] |
|
|
Cardiology |
125 [95] |
115 [85] |
|
|
Cardiothoracic Surgery |
175 [145] |
160 [130] |
|
|
Dermatology |
140 [110] |
130 [100] |
|
|
Emergency Medicine |
140 [110] |
130 [100] |
|
|
Endocrinology |
175 [145] |
160 [130] |
|
|
Ear, Nose, and Throat/Otolaryngology |
155 [125] |
140 [110] |
|
|
Gastroenterology |
140 [110] |
130 [100] |
|
|
General Surgery |
125 [95] |
115 [85] |
|
|
Gynecology and Obstetrics |
100 [70] |
90 [60] |
|
|
Infectious Diseases |
175 [145] |
160 [130] |
|
|
Nephrology |
155 [125] |
140 [110] |
|
|
Neurology |
140 [110] |
130 [100] |
|
|
Neurosurgery |
175 [145] |
160 [130] |
|
|
Oncology: Medical, Surgical |
140 [110] |
130 [100] |
|
|
Oncology: Radiation |
175 [145] |
160 [130] |
|
|
Ophthalmology |
125 [95] |
115 [85] |
|
|
Orthopedic Surgery |
125 [95] |
115 [85] |
|
|
Physical Medicine and Rehabilitation |
155 [125] |
140 [110] |
|
|
Plastic Surgery |
175 [145] |
160 [130] |
|
|
Primary Care: Adults |
100 [70] |
90 [60] |
|
|
Primary Care: Pediatric |
100 [70] |
90 [60] |
|
|
Psychiatry |
140 [110] |
130 [100] |
|
|
Pulmonology |
140 [110] |
130 [100] |
|
|
Rheumatology |
175 [145] |
160 [130] |
|
|
Urology |
140 [110] |
130 [100] |
|
|
Vascular Surgery |
175 [145] |
160 [130] |
|
|
(2) for health care practitioners in the following |
|
disciplines: |
|
|
|
Chiropractic |
155 [125] |
140 [110] |
|
|
Occupational Therapy |
140 [110] |
130 [100] |
|
|
Physical Therapy |
140 [110] |
130 [100] |
|
|
Podiatry |
140 [110] |
130 [100] |
|
|
Speech Therapy |
140 [110] |
130 [100] |
|
|
(3) for the following institutional providers: |
|
|
|
Acute Inpatient Hospitals (Emergency Services Available 24/7) |
140 [110] |
130 [100] |
|
|
Acute Inpatient Hospitals (Emergency Services Available 24/7) |
140 [110] |
130 [100] |
|
|
Cardiac Catheterization Services |
185 [155] |
170 [140] |
|
|
Cardiac Surgery Program |
185 [155] |
170 [140] |
|
|
Critical Care Services: Intensive Care Units |
185 [155] |
170 [140] |
|
|
Diagnostic Radiology (Freestanding; Hospital Outpatient; Ambulatory Health Facilities with Diagnostic Radiology) |
140 [110] |
130 [100] |
|
|
Diagnostic Radiology (Freestanding; Hospital Outpatient; Ambulatory Health Facilities with Diagnostic Radiology) |
140 [110] |
130 [100] |
|
|
Diagnostic Radiology (Freestanding; Hospital Outpatient; Ambulatory Health Facilities with Diagnostic Radiology) |
140 [110] |
130 [100] |
|
|
Inpatient or Residential Behavioral Health Facility Services |
185 [155] |
170 [140] |
|
|
Inpatient or Residential Behavioral Health Facility Services |
185 [155] |
170 [140] |
|
|
Mammography |
140 [110] |
130 [100] |
|
|
Outpatient Infusion/Chemotherapy |
140 [110] |
130 [100] |
|
|
Skilled Nursing Facilities |
125 [95] |
115 [85] |
|
|
Surgical Services (Outpatient or Ambulatory Surgical Center) |
140 [110] |
130 [100] |
|
|
Surgical Services (Outpatient or Ambulatory Surgical Center) |
140 [110] |
130 [100] |
|
|
(4) for the following settings: |
|
|
|
Outpatient Clinical Behavioral |
|
|
|
|
Health (Licensed, Accredited, or Certified) |
100 [70] |
90 [60] |
|
|
Urgent Care |
140 [110] |
130 [100] |
|
|
SECTION 3. Section 1301.0056(a-1), Insurance Code, is |
|
amended to read as follows: |
|
(a-1) An insurer is subject to a qualifying examination of |
|
the insurer's preferred provider benefit plans and subsequent |
|
quality of care and network adequacy examinations by the |
|
commissioner at least once every three years[, in connection with a |
|
public hearing under Section 1301.00565 concerning a material |
|
deviation from network adequacy standards by a previously |
|
authorized plan or a request for a waiver of a network adequacy |
|
standard,] and whenever the commissioner considers an examination |
|
necessary. Documentation provided to the commissioner during an |
|
examination conducted under this section is confidential and is not |
|
subject to disclosure as public information under Chapter 552, |
|
Government Code. |
|
SECTION 4. Section 1301.009(b), Insurance Code, is amended |
|
to read as follows: |
|
(b) The report shall: |
|
(1) be verified by at least two principal officers; |
|
(2) be in a form prescribed by the commissioner; and |
|
(3) include: |
|
(A) a financial statement of the insurer, |
|
including its balance sheet and receipts and disbursements for the |
|
preceding calendar year, certified by an independent public |
|
accountant; |
|
(B) the number of individuals enrolled during the |
|
preceding calendar year, the number of enrollees as of the end of |
|
that year, and the number of enrollments terminated during that |
|
year; and |
|
(C) a statement of: |
|
(i) an evaluation of enrollee satisfaction; |
|
(ii) an evaluation of quality of care; |
|
(iii) coverage areas; |
|
(iv) accreditation status; |
|
(v) premium costs; |
|
(vi) plan costs; |
|
(vii) premium increases; |
|
(viii) the range of benefits provided; |
|
(ix) copayments and deductibles; |
|
(x) the accuracy and speed of claims |
|
payment by the insurer for the plan; |
|
(xi) the credentials of physicians who are |
|
preferred providers; |
|
(xii) the number of preferred providers; |
|
(xiii) any waiver requests made and waivers |
|
of network adequacy standards granted under Section 1301.0055 |
|
[1301.00565]; |
|
(xiv) any material deviation from network |
|
adequacy standards reported to the department under Section |
|
1301.0055; and |
|
(xv) any corrective actions, sanctions, or |
|
penalties assessed against the insurer by the department for |
|
deficiencies related to the preferred provider benefit plan. |
|
SECTION 5. Sections 1301.00555 and 1301.00565, Insurance |
|
Code, are repealed. |
|
SECTION 6. The changes in law made by this Act apply only to |
|
an insurance policy that is delivered, issued for delivery, or |
|
renewed on or after January 1, 2026. A policy delivered, issued |
|
for delivery, or renewed before January 1, 2026, is governed by the |
|
law as it existed immediately before the effective date of this Act, |
|
and that law is continued in effect for that purpose. |
|
SECTION 7. This Act takes effect September 1, 2025. |