Texas 2009 - 81st Regular

Texas House Bill HB2581 Compare Versions

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Old	New	Differences
1	1	81R16585 JSC-F
2	2	By: Gonzalez Toureilles H.B. No. 2581
3	3	Substitute the following for H.B. No. 2581:
4	4	By: Kolkhorst C.S.H.B. No. 2581
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the access to certain information or consideration for
10	10	a discount health care program or a discount health care program
11	11	operator.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Sections 76.001(3) and (4), Health and Safety
14	14	Code, are amended to read as follows:
15	15	(3) "Discount health care program" means a business
16	16	arrangement or contract in which an entity, in exchange for fees,
17	17	dues, charges, or other consideration, including access to patient
18	18	information, access to patient prescription drug histories, or drug
19	19	manufacturer rebates, offers its members access to discounts on
20	20	health care services provided by health care providers. The term
21	21	does not include an insurance policy, certificate of coverage, or
22	22	other product regulated by the Texas Department of Insurance or a
23	23	self-funded or self-insured employee benefit plan.
24	24	(4) "Discount health care program operator" means a
25	25	person who, in exchange for fees, dues, charges, or other
26	26	consideration, including access to patient information, access to
27	27	patient prescription drug histories, or drug manufacturer rebates,
28	28	operates a discount health care program and contracts with
29	29	providers, provider networks, or other discount health care program
30	30	operators to offer access to health care services at a discount and
31	31	determines the charge to members.
32	32	SECTION 2. Section 76.053, Health and Safety Code, is
33	33	amended by adding Subsection (a-1) and amending Subsection (b) to
34	34	read as follows:
35	35	(a-1) A program operator shall, before enrollment, provide
36	36	each prospective member disclosure materials containing the
37	37	program operator's policy regarding access to patient information
38	38	or patient prescription drug histories, including whether the
39	39	program operator engages in the transfer or sale of a member's
40	40	patient information or patient prescription drug history.
41	41	(b) A marketer shall use disclosure materials that comply
42	42	with this section [Subsection (a)].
43	43	SECTION 3. This Act takes effect September 1, 2009.