1 | 1 | | By: Giddings (Senate Sponsor - Fraser) H.B. No. 3152 |
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2 | 2 | | (In the Senate - Received from the House May 8, 2013; |
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3 | 3 | | May 9, 2013, read first time and referred to Committee on State |
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4 | 4 | | Affairs; May 15, 2013, reported favorably by the following vote: |
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5 | 5 | | Yeas 7, Nays 1; May 15, 2013, sent to printer.) |
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6 | 6 | | |
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7 | 7 | | |
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8 | 8 | | A BILL TO BE ENTITLED |
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9 | 9 | | AN ACT |
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10 | 10 | | relating to the payment of and contracts with health care providers |
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11 | 11 | | by certain entities under contract with a certified workers' |
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12 | 12 | | compensation network. |
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13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 14 | | SECTION 1. Section 1305.153, Insurance Code, is amended by |
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15 | 15 | | adding Subsections (f), (g), (h), (i), and (j) to read as follows: |
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16 | 16 | | (f) If, for the purposes of credentialing and contracting |
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17 | 17 | | with health care providers on behalf of the certified network, a |
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18 | 18 | | person is serving as both a management contractor under Section |
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19 | 19 | | 1305.102 or a third party to which the network delegates a function |
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20 | 20 | | and as an agent of the health care provider, the contract between |
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21 | 21 | | the management contractor or third party and the health care |
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22 | 22 | | provider must specify: |
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23 | 23 | | (1) the certified network's contract rate for health |
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24 | 24 | | care services; and |
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25 | 25 | | (2) the amount of reimbursement the health care |
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26 | 26 | | provider will be paid after the health care provider agent's fee for |
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27 | 27 | | providing administrative services is applied. |
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28 | 28 | | (g) If a management contractor or third party to which the |
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29 | 29 | | network delegates a function is serving as an agent for health care |
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30 | 30 | | providers in the certified network, the management contractor or |
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31 | 31 | | third party must disclose that relationship in its contract with |
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32 | 32 | | the certified network. |
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33 | 33 | | (h) A contract described by Subsection (f), or a contract |
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34 | 34 | | between a management contractor or third party to which the network |
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35 | 35 | | delegates a function and a certified network, must comply with the |
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36 | 36 | | requirements of this chapter. |
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37 | 37 | | (i) If a contract described by Subsection (f) complies with |
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38 | 38 | | the requirements of this chapter, the health care provider shall be |
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39 | 39 | | reimbursed in accordance with the terms of the contract. If a |
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40 | 40 | | contract described by Subsection (f) does not comply with the |
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41 | 41 | | requirements of this chapter, the health care provider shall be |
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42 | 42 | | reimbursed in accordance with the certified network's contracted |
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43 | 43 | | rate. |
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44 | 44 | | (j) A certified network, management contractor, or third |
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45 | 45 | | party to which the network delegates a function may not require a |
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46 | 46 | | health care provider, as a condition for contracting with the |
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47 | 47 | | certified network, to utilize as a health care provider agent the |
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48 | 48 | | management contractor or the third party. |
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49 | 49 | | SECTION 2. With respect to a contract between a health care |
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50 | 50 | | provider and a network, management contractor, or third party to |
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51 | 51 | | which the network delegates a function, the change in law made by |
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52 | 52 | | this Act applies only to a contract entered into or renewed on or |
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53 | 53 | | after the effective date of this Act. A contract entered into or |
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54 | 54 | | renewed before the effective date of this Act is governed by the law |
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55 | 55 | | in effect immediately before the effective date of this Act, and |
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56 | 56 | | that law is continued in effect for that purpose. |
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57 | 57 | | SECTION 3. With respect to a contract between a certified |
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58 | 58 | | network and a management contractor or third party to which the |
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59 | 59 | | network delegates a function, the change in law made by this Act |
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60 | 60 | | applies to a contract that is in effect on the effective date of |
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61 | 61 | | this Act or entered into on or after that date. |
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62 | 62 | | SECTION 4. This Act takes effect September 1, 2013. |
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63 | 63 | | * * * * * |
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