1 | 1 | | 86R9507 SCL-F |
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2 | 2 | | By: Burrows H.B. No. 2525 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to participation in the health care market by enrollees of |
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8 | 8 | | certain governmental managed care plans. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Subtitle H, Title 8, Insurance Code, is amended |
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11 | 11 | | by adding Chapter 1580 to read as follows: |
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12 | 12 | | CHAPTER 1580. HEALTH CARE MARKET PARTICIPATION FOR CERTAIN |
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13 | 13 | | GOVERNMENTAL MANAGED CARE PLANS |
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14 | 14 | | SUBCHAPTER A. GENERAL PROVISIONS |
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15 | 15 | | Sec. 1580.0001. DEFINITIONS. In this chapter: |
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16 | 16 | | (1) "Enrollee" means an individual who is eligible to |
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17 | 17 | | receive benefits for health care services through a health benefit |
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18 | 18 | | plan. |
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19 | 19 | | (2) "Health benefit plan" means a plan to which this |
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20 | 20 | | chapter applies under Section 1580.0002. |
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21 | 21 | | (3) "Health care provider" means a physician, |
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22 | 22 | | hospital, pharmacy, pharmacist, laboratory, or other person or |
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23 | 23 | | organization that furnishes health care services and that is |
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24 | 24 | | licensed or otherwise authorized to practice in this state. |
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25 | 25 | | (4) "Health care service" means a service for the |
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26 | 26 | | diagnosis, prevention, treatment, cure, or relief of a health |
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27 | 27 | | condition, illness, injury, or disease. |
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28 | 28 | | (5) "Managed care plan" means a health benefit plan |
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29 | 29 | | under which health care services are provided to enrollees through |
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30 | 30 | | contracts with health care providers and that requires enrollees to |
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31 | 31 | | use participating providers or that provides a different level of |
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32 | 32 | | coverage for enrollees who use participating providers. |
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33 | 33 | | (6) "Participating provider" means a health care |
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34 | 34 | | provider who has contracted with a health benefit plan issuer or |
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35 | 35 | | administrator to provide health care services to enrollees. |
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36 | 36 | | Sec. 1580.0002. APPLICABILITY OF CHAPTER. (a) This |
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37 | 37 | | chapter applies only with respect to nonemergency health care |
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38 | 38 | | services covered under a managed care plan. |
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39 | 39 | | (b) Notwithstanding any provision in Chapter 1551, 1575, or |
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40 | 40 | | 1579 or any other law, this chapter applies only to: |
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41 | 41 | | (1) a basic coverage plan under Chapter 1551; |
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42 | 42 | | (2) a basic plan under Chapter 1575; and |
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43 | 43 | | (3) a health coverage plan under Chapter 1579. |
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44 | 44 | | (c) Notwithstanding any other law, this chapter applies to |
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45 | 45 | | an independent administrator, manager, or third-party |
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46 | 46 | | administrator of a health benefit plan described by this section. |
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47 | 47 | | Sec. 1580.0003. RULES. The board of trustees of the |
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48 | 48 | | Employees Retirement System of Texas or Teacher Retirement System |
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49 | 49 | | of Texas, as applicable, may adopt rules to implement this chapter. |
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50 | 50 | | SUBCHAPTER B. TRANSPARENCY TOOLS |
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51 | 51 | | Sec. 1580.0051. AVAILABILITY OF PRICE AND QUALITY |
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52 | 52 | | INFORMATION. (a) A health benefit plan issuer or administrator |
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53 | 53 | | shall provide by a toll-free telephone number and on its publicly |
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54 | 54 | | available Internet website an interactive mechanism that, for a |
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55 | 55 | | specific health care service, allows an enrollee to request and |
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56 | 56 | | obtain from the issuer or administrator: |
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57 | 57 | | (1) information on the payments made by the issuer or |
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58 | 58 | | administrator to participating providers under the enrollee's |
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59 | 59 | | health benefit plan sufficient for the enrollee to compare costs |
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60 | 60 | | for that service among participating providers, including costs for |
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61 | 61 | | that service among participating providers after an enrollee has |
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62 | 62 | | exceeded the enrollee's deductible; |
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63 | 63 | | (2) quality data on participating providers to the |
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64 | 64 | | extent that data is available; and |
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65 | 65 | | (3) an estimate of the enrollee's out-of-pocket costs |
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66 | 66 | | under the enrollee's health benefit plan. |
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67 | 67 | | (b) A health benefit plan issuer or administrator may |
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68 | 68 | | contract with a third-party vendor to satisfy the requirements of |
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69 | 69 | | this section. |
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70 | 70 | | Sec. 1580.0052. NOTICE TO ENROLLEES. A health benefit plan |
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71 | 71 | | issuer or administrator shall inform an enrollee requesting an |
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72 | 72 | | estimate under Section 1580.0051 that any out-of-pocket amount |
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73 | 73 | | provided is only an estimate and that the actual amount of the cost |
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74 | 74 | | and the amount the enrollee is responsible to pay for the service |
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75 | 75 | | may vary based upon unforeseen issues that arise in connection with |
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76 | 76 | | the proposed service. |
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77 | 77 | | Sec. 1580.0053. EFFECT OF SUBCHAPTER. This subchapter does |
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78 | 78 | | not prohibit a health benefit plan issuer or administrator from |
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79 | 79 | | imposing deductibles, copayments, or coinsurance under the health |
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80 | 80 | | benefit plan for a health care service that was not included in the |
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81 | 81 | | original estimate provided under Section 1580.0051. |
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82 | 82 | | SUBCHAPTER C. SHARED SAVINGS INCENTIVE PROGRAM |
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83 | 83 | | Sec. 1580.0101. ESTABLISHMENT OF INCENTIVE PROGRAM. A |
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84 | 84 | | health benefit plan issuer or administrator shall establish a |
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85 | 85 | | shared savings incentive program for all enrollees of the health |
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86 | 86 | | benefit plan. The program must provide an incentive paid in |
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87 | 87 | | accordance with this subchapter to an enrollee who elects to |
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88 | 88 | | receive a health care service from a participating provider who |
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89 | 89 | | provides a high-quality service at a reasonable cost, as determined |
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90 | 90 | | by the Employees Retirement System of Texas or the Teacher |
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91 | 91 | | Retirement System of Texas, as applicable. |
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92 | 92 | | Sec. 1580.0102. NOTICE TO ENROLLEES. The health benefit |
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93 | 93 | | plan issuer or administrator shall annually provide written notice |
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94 | 94 | | to enrollees about the program. |
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95 | 95 | | Sec. 1580.0103. INCENTIVE PAYMENTS. A health benefit plan |
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96 | 96 | | issuer or administrator may pay a program incentive in the form and |
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97 | 97 | | manner approved by the Employees Retirement System of Texas or |
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98 | 98 | | Teacher Retirement System of Texas, as applicable. |
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99 | 99 | | SECTION 2. Chapter 1580, Insurance Code, as added by this |
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100 | 100 | | Act, applies only to a health benefit plan for a plan year that |
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101 | 101 | | begins after the first open enrollment period that occurs on or |
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102 | 102 | | after January 1, 2020. |
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103 | 103 | | SECTION 3. This Act takes effect September 1, 2019. |
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