1 | 1 | | 86R13776 SCL-D |
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2 | 2 | | By: Sherman, Sr. H.B. No. 3828 |
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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 the disclosure of health benefit plan network status of |
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8 | 8 | | certain physicians and health care practitioners. |
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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. Section 843.348, Insurance Code, is amended by |
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11 | 11 | | adding Subsection (e-1) to read as follows: |
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12 | 12 | | (e-1) If the health maintenance organization considers |
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13 | 13 | | proposed medical care or health care services elective and requires |
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14 | 14 | | preauthorization as a condition of payment under the health benefit |
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15 | 15 | | plan, the health maintenance organization shall, at the time the |
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16 | 16 | | health maintenance organization issues a determination |
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17 | 17 | | preauthorizing the services, provide to the enrollee a statement of |
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18 | 18 | | the network status of any facility-based physician or health care |
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19 | 19 | | provider that the health maintenance organization reasonably |
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20 | 20 | | expects will provide and bill for any of the authorized services. |
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21 | 21 | | SECTION 2. Section 1301.135, Insurance Code, is amended by |
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22 | 22 | | adding Subsection (d-1) to read as follows: |
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23 | 23 | | (d-1) If an insurer considers proposed medical care or |
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24 | 24 | | health care services elective and requires preauthorization as a |
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25 | 25 | | condition of payment under the policy, the insurer shall, at the |
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26 | 26 | | time the insurer issues a determination preauthorizing the |
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27 | 27 | | services, provide to the insured a statement of the network status |
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28 | 28 | | of any facility-based physician or health care provider that the |
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29 | 29 | | insurer reasonably expects will provide and bill for any of the |
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30 | 30 | | authorized services. |
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31 | 31 | | SECTION 3. Chapter 159, Occupations Code, is amended by |
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32 | 32 | | adding Section 159.012 to read as follows: |
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33 | 33 | | Sec. 159.012. DISCLOSURE OF OTHER PHYSICIAN OR HEALTH CARE |
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34 | 34 | | PRACTITIONER. If, for a nonemergency service, a physician |
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35 | 35 | | schedules another physician or health care practitioner to |
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36 | 36 | | otherwise treat the patient or prospective patient, the physician |
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37 | 37 | | shall provide to the patient a written disclosure form prescribed |
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38 | 38 | | by the board that includes: |
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39 | 39 | | (1) a statement that the physician is scheduling |
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40 | 40 | | another physician or health care practitioner to provide services |
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41 | 41 | | and that the other physician or practitioner may not be in the |
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42 | 42 | | patient's provider network; and |
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43 | 43 | | (2) the other physician's or health care |
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44 | 44 | | practitioner's name, medical or health care practice name, practice |
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45 | 45 | | specialty, address, and telephone number. |
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46 | 46 | | SECTION 4. (a) Sections 843.348 and 1301.135, Insurance |
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47 | 47 | | Code, as amended by this Act, apply only to a health benefit plan |
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48 | 48 | | that is delivered, issued for delivery, or renewed on or after |
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49 | 49 | | January 1, 2020. A health benefit plan delivered, issued for |
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50 | 50 | | delivery, or renewed before January 1, 2020, is governed by the law |
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51 | 51 | | as it existed immediately before the effective date of this Act, and |
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52 | 52 | | that law is continued in effect for that purpose. |
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53 | 53 | | (b) Section 159.012, Occupations Code, as added by this Act, |
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54 | 54 | | applies only to a health care service scheduled on or after the |
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55 | 55 | | effective date of this Act. |
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56 | 56 | | SECTION 5. This Act takes effect September 1, 2019. |
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