Texas 2015 - 84th Regular

Texas House Bill HB4096 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R8631 SCL-D
2	2	By: Elkins H.B. No. 4096
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of a pilot program for the electronic
8	8	transmission of certain subrogation claims.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle A, Title 8, Insurance Code, is amended
11	11	by adding Chapter 1222 to read as follows:
12	12	CHAPTER 1222. MOTOR VEHICLE ACCIDENTS AND AUTOMOBILE INSURANCE
13	13	SUBROGATION PILOT PROGRAM
14	14	Sec. 1222.001. DEFINITIONS. In this chapter:
15	15	(1) "Automobile insurer" means an insurer writing
16	16	automobile insurance in this state, including an insurance company,
17	17	corporation, reciprocal or interinsurance exchange, mutual
18	18	insurance company, Lloyd's plan, county mutual insurance company,
19	19	or other insurer.
20	20	(2) "Enrollee" means an individual entitled to
21	21	benefits under a health benefit plan.
22	22	(3) "Health benefit plan issuer" means:
23	23	(A) a managed care organization issuing a managed
24	24	care plan offered under Chapter 533, Government Code;
25	25	(B) the Health and Human Services Commission or
26	26	another entity administering the state Medicaid program operated
27	27	under Chapter 32, Human Resources Code, or the state child health
28	28	plan or health benefits plan for children under Chapter 62 or 63,
29	29	Health and Safety Code;
30	30	(C) the Employees Retirement System of Texas or
31	31	another entity issuing or administering a basic coverage plan under
32	32	Chapter 1551;
33	33	(D) the Teacher Retirement System of Texas or
34	34	another entity issuing or administering a basic plan under Chapter
35	35	1575 or a primary care coverage plan under Chapter 1579; and
36	36	(E) The Texas A&M University System or The
37	37	University of Texas System or another entity issuing or
38	38	administering basic coverage under Chapter 1601.
39	39	(4) "Payor" means a health benefit plan issuer who:
40	40	(A) pays benefits to or on behalf of an enrollee
41	41	as a result of personal injuries to the enrollee caused by the
42	42	tortious conduct of a third party; and
43	43	(B) has a contractual or statutory right of
44	44	subrogation for the benefits paid.
45	45	Sec. 1222.002. PILOT PROGRAM. (a) The department shall
46	46	establish a pilot program to evaluate the benefits of using an
47	47	electronic records management system to collect and transmit
48	48	information related to injuries arising from motor vehicle
49	49	accidents to facilitate identification of potential subrogation
50	50	claims and collection of amounts owed.
51	51	(b) Subject to the availability of funds, the department
52	52	shall contract with an organization to operate the pilot program.
53	53	The department shall select the organization to serve as the
54	54	contractor using competitive bidding.
55	55	(c) A payor shall provide the contractor with the
56	56	information required by the contractor related to benefits paid for
57	57	injuries arising from motor vehicle accidents in this state. Each
58	58	automobile insurer shall provide the contractor with the
59	59	information required by the contractor related to motor vehicle
60	60	accidents in this state. The contractor shall use the information
61	61	provided under this subsection to determine if the payor has a right
62	62	of subrogation against an automobile insurer and, where
63	63	appropriate, seek recovery of the amounts owed on behalf of the
64	64	payor.
65	65	(d) The contractor shall report the results of the
66	66	subrogation determination and subrogation claim to the payor and
67	67	provide any funds recovered to the payor.
68	68	Sec. 1222.003. CONFIDENTIALITY. The contractor operating
69	69	the pilot program shall maintain the confidentiality of all
70	70	information provided to the contractor by a payor under this
71	71	chapter and may use the information only for the purposes of the
72	72	pilot program.
73	73	Sec. 1222.004. EVALUATION AND REPORT. Not later than
74	74	December 1, 2016, the department shall submit a report to the
75	75	speaker of the house of representatives, lieutenant governor, and
76	76	appropriate standing committees of the legislature that includes:
77	77	(1) the cost of the pilot program operated under this
78	78	chapter;
79	79	(2) the amount of money collected under the pilot
80	80	program on behalf of payors; and
81	81	(3) an evaluation of the effectiveness of the pilot
82	82	program.
83	83	Sec. 1222.005. EXPIRATION. This chapter expires September
84	84	1, 2017.
85	85	SECTION 2. This Act takes effect September 1, 2015.