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.