1 | 1 | | 83R22752 JSL-D |
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2 | 2 | | By: Raymond H.B. No. 2731 |
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3 | 3 | | Substitute the following for H.B. No. 2731: |
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4 | 4 | | By: Raymond C.S.H.B. No. 2731 |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to decreasing administrative burdens of Medicaid managed |
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10 | 10 | | care for the state, the managed care organizations, and providers |
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11 | 11 | | under managed care networks. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Section 533.0071, Government Code, is amended to |
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14 | 14 | | read as follows: |
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15 | 15 | | Sec. 533.0071. ADMINISTRATION OF CONTRACTS. The |
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16 | 16 | | commission shall make every effort to improve the administration of |
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17 | 17 | | contracts with managed care organizations. To improve the |
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18 | 18 | | administration of these contracts, the commission shall: |
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19 | 19 | | (1) ensure that the commission has appropriate |
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20 | 20 | | expertise and qualified staff to effectively manage contracts with |
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21 | 21 | | managed care organizations under the Medicaid managed care program; |
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22 | 22 | | (2) evaluate options for Medicaid payment recovery |
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23 | 23 | | from managed care organizations if the enrollee dies or is |
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24 | 24 | | incarcerated or if an enrollee is enrolled in more than one state |
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25 | 25 | | program or is covered by another liable third party insurer; |
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26 | 26 | | (3) maximize Medicaid payment recovery options by |
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27 | 27 | | contracting with private vendors to assist in the recovery of |
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28 | 28 | | capitation payments, payments from other liable third parties, and |
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29 | 29 | | other payments made to managed care organizations with respect to |
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30 | 30 | | enrollees who leave the managed care program; |
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31 | 31 | | (4) decrease the administrative burdens of managed |
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32 | 32 | | care for the state, the managed care organizations, and the |
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33 | 33 | | providers under managed care networks to the extent that those |
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34 | 34 | | changes are compatible with state law and existing Medicaid managed |
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35 | 35 | | care contracts, including decreasing those burdens by: |
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36 | 36 | | (A) where possible, decreasing the duplication |
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37 | 37 | | of administrative reporting requirements for the managed care |
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38 | 38 | | organizations, such as requirements for the submission of encounter |
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39 | 39 | | data, quality reports, historically underutilized business |
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40 | 40 | | reports, and claims payment summary reports; |
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41 | 41 | | (B) allowing managed care organizations to |
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42 | 42 | | provide updated address information directly to the commission for |
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43 | 43 | | correction in the state system; |
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44 | 44 | | (C) promoting consistency and uniformity among |
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45 | 45 | | managed care organization policies, including policies relating to |
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46 | 46 | | the [preauthorization process,] lengths of hospital stays, filing |
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47 | 47 | | deadlines, levels of care, and case management services; |
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48 | 48 | | (D) developing uniform efficiency standards and |
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49 | 49 | | requirements for managed care organizations for the submission and |
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50 | 50 | | tracking of preauthorization requests for services provided under |
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51 | 51 | | the Medicaid program [reviewing the appropriateness of primary |
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52 | 52 | | care case management requirements in the admission and clinical |
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53 | 53 | | criteria process, such as requirements relating to including a |
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54 | 54 | | separate cover sheet for all communications, submitting |
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55 | 55 | | handwritten communications instead of electronic or typed review |
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56 | 56 | | processes, and admitting patients listed on separate |
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57 | 57 | | notifications]; [and] |
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58 | 58 | | (E) providing a [single] portal through which |
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59 | 59 | | providers in any managed care organization's provider network may: |
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60 | 60 | | (i) submit electronic claims, prior |
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61 | 61 | | authorization requests, claims appeals, and reconsiderations, |
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62 | 62 | | clinical data, and other documentation that the managed care |
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63 | 63 | | organization requests for prior authorization and claims |
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64 | 64 | | processing; and |
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65 | 65 | | (ii) obtain electronic remittance advice, |
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66 | 66 | | explanation of benefits statements, and other standardized |
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67 | 67 | | reports; [and] |
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68 | 68 | | (F) requiring the use of standardized |
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69 | 69 | | application processes and forms for prompt credentialing of |
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70 | 70 | | providers in a managed care organization's network; and |
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71 | 71 | | (G) promoting prompt and accurate adjudication |
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72 | 72 | | of claims through: |
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73 | 73 | | (i) provider education on the proper |
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74 | 74 | | submission of clean claims and on appeals; |
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75 | 75 | | (ii) acceptance of uniform forms, including |
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76 | 76 | | the Centers for Medicare and Medicaid Services Forms 1500 and |
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77 | 77 | | UB-92, through an electronic portal; and |
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78 | 78 | | (iii) the establishment of standards for |
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79 | 79 | | claims payments in accordance with a provider's contract; |
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80 | 80 | | (5) reserve the right to amend the managed care |
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81 | 81 | | organization's process for resolving provider appeals of denials |
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82 | 82 | | based on medical necessity to include an independent review process |
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83 | 83 | | established by the commission for final determination of these |
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84 | 84 | | disputes; |
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85 | 85 | | (6) monitor and evaluate a managed care organization's |
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86 | 86 | | compliance with contractual requirements regarding: |
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87 | 87 | | (A) the reduction of administrative burdens for |
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88 | 88 | | network providers; and |
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89 | 89 | | (B) complaints regarding claims adjudication or |
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90 | 90 | | payment; |
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91 | 91 | | (7) measure the rates of retention by managed care |
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92 | 92 | | organizations of significant traditional providers; and |
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93 | 93 | | (8) develop adequate and clearly defined provider |
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94 | 94 | | network standards that are specific to provider type and that |
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95 | 95 | | ensure choice among multiple providers to the greatest extent |
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96 | 96 | | possible. |
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97 | 97 | | SECTION 2. If before implementing any provision of this Act |
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98 | 98 | | a state agency determines that a waiver or authorization from a |
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99 | 99 | | federal agency is necessary for implementation of that provision, |
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100 | 100 | | the agency affected by the provision shall request the waiver or |
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101 | 101 | | authorization and may delay implementing that provision until the |
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102 | 102 | | waiver or authorization is granted. |
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103 | 103 | | SECTION 3. This Act takes effect September 1, 2013. |
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