83R10142 SCL-D
By: Eiland H.B. No. 1907
A BILL TO BE ENTITLED
AN ACT
relating to review by the office of public insurance counsel of rate
filings by health benefit plan issuers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 501, Insurance Code, is
amended by adding Section 501.1545 to read as follows:
Sec. 501.1545. ROLE OF PUBLIC COUNSEL IN HEALTH BENEFIT
PLAN RATE FILINGS. (a) In this section, "health benefit plan"
means an insurance policy, insurance agreement, evidence of
coverage, or other similar coverage document that provides coverage
for medical or surgical expenses incurred as a result of a health
condition, accident, or sickness.
(b) On request by the commissioner, the public counsel may
review all rate filings and additional information provided under
this code or rules adopted under this code by the issuer of a health
benefit plan. Confidential information reviewed under this
subsection remains confidential.
(c) The public counsel, not later than the 30th day after
the date of a rate filing described by Subsection (b), may file with
the commissioner a written objection to:
(1) the rate filing; or
(2) the criteria on which the issuer of a health
benefit plan relied to determine the rate.
(d) A written objection filed under Subsection (c) must
contain the reasons for the objection.
SECTION 2. As soon as practicable after the effective date
of this Act, the commissioner of insurance shall apply for a federal
premium review grant under Section 1003, Patient Protection and
Affordable Care Act (42 U.S.C. Section 300gg-94). The commissioner
shall include in the grant request an amount the office of public
insurance counsel determines is sufficient to allow the office of
public insurance counsel to implement Section 501.1545, Insurance
Code, as added by this Act. The commissioner shall allocate part of
the grant to the office of public insurance counsel based on the
proportion of the amount the office bears to the total amount
requested.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.