Texas 2019 - 86th Regular

Texas House Bill HB3828 Compare Versions

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11 86R13776 SCL-D
22 By: Sherman, Sr. H.B. No. 3828
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the disclosure of health benefit plan network status of
88 certain physicians and health care practitioners.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 843.348, Insurance Code, is amended by
1111 adding Subsection (e-1) to read as follows:
1212 (e-1) If the health maintenance organization considers
1313 proposed medical care or health care services elective and requires
1414 preauthorization as a condition of payment under the health benefit
1515 plan, the health maintenance organization shall, at the time the
1616 health maintenance organization issues a determination
1717 preauthorizing the services, provide to the enrollee a statement of
1818 the network status of any facility-based physician or health care
1919 provider that the health maintenance organization reasonably
2020 expects will provide and bill for any of the authorized services.
2121 SECTION 2. Section 1301.135, Insurance Code, is amended by
2222 adding Subsection (d-1) to read as follows:
2323 (d-1) If an insurer considers proposed medical care or
2424 health care services elective and requires preauthorization as a
2525 condition of payment under the policy, the insurer shall, at the
2626 time the insurer issues a determination preauthorizing the
2727 services, provide to the insured a statement of the network status
2828 of any facility-based physician or health care provider that the
2929 insurer reasonably expects will provide and bill for any of the
3030 authorized services.
3131 SECTION 3. Chapter 159, Occupations Code, is amended by
3232 adding Section 159.012 to read as follows:
3333 Sec. 159.012. DISCLOSURE OF OTHER PHYSICIAN OR HEALTH CARE
3434 PRACTITIONER. If, for a nonemergency service, a physician
3535 schedules another physician or health care practitioner to
3636 otherwise treat the patient or prospective patient, the physician
3737 shall provide to the patient a written disclosure form prescribed
3838 by the board that includes:
3939 (1) a statement that the physician is scheduling
4040 another physician or health care practitioner to provide services
4141 and that the other physician or practitioner may not be in the
4242 patient's provider network; and
4343 (2) the other physician's or health care
4444 practitioner's name, medical or health care practice name, practice
4545 specialty, address, and telephone number.
4646 SECTION 4. (a) Sections 843.348 and 1301.135, Insurance
4747 Code, as amended by this Act, apply only to a health benefit plan
4848 that is delivered, issued for delivery, or renewed on or after
4949 January 1, 2020. A health benefit plan delivered, issued for
5050 delivery, or renewed before January 1, 2020, is governed by the law
5151 as it existed immediately before the effective date of this Act, and
5252 that law is continued in effect for that purpose.
5353 (b) Section 159.012, Occupations Code, as added by this Act,
5454 applies only to a health care service scheduled on or after the
5555 effective date of this Act.
5656 SECTION 5. This Act takes effect September 1, 2019.