| 4 | 5 | | |
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| 5 | 6 | | |
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| 6 | 7 | | A BILL TO BE ENTITLED |
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| 7 | 8 | | AN ACT |
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| 8 | 9 | | relating to the disclosure of negotiated rates requested by members |
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| 9 | 10 | | of the legislature from certain health care vendors that contract |
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| 10 | 11 | | with this state. |
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| 11 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 13 | | SECTION 1. Subchapter Z, Chapter 2252, Government Code, is |
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| 13 | 14 | | amended by adding Section 2252.909 to read as follows: |
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| 14 | 15 | | Sec. 2252.909. LEGISLATIVE REQUEST FOR NEGOTIATED RATES |
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| 15 | 16 | | UNDER CERTAIN HEALTH BENEFIT CONTRACTS. (a) In this |
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| 16 | 17 | | section, "health care vendor" means: |
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| 17 | 18 | | (1) a health benefit plan issuer that contracts with |
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| 18 | 19 | | this state for the administration of health benefits; and |
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| 19 | 20 | | (2) a managed care organization that contracts with |
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| 20 | 21 | | the Health and Human Services Commission to administer health |
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| 21 | 22 | | benefits for Medicaid recipients through a managed care plan. |
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| 22 | 23 | | (b) This section applies only to a health care vendor that |
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| 23 | 24 | | contracts with this state, including with an agency of this state, |
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| 24 | 25 | | to administer health benefits under: |
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| 25 | 26 | | (1) a basic coverage plan under Chapter 1551, |
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| 26 | 27 | | Insurance Code; |
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| 27 | 28 | | (2) a basic plan under Chapter 1575, Insurance Code; |
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| 28 | 29 | | (3) a primary care coverage plan under Chapter 1579, |
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| 29 | 30 | | Insurance Code; |
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| 30 | 31 | | (4) a plan providing basic coverage under Chapter |
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| 31 | 32 | | 1601, Insurance Code; or |
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| 32 | 33 | | (5) the state Medicaid program, including the Medicaid |
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| 33 | 34 | | managed care program operated under Chapter 533. |
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| 34 | 35 | | (c) A member of the legislature may request from a health |
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| 35 | 36 | | care vendor information regarding any negotiated rate included in a |
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| 36 | 37 | | contract between the vendor and this state for the administration |
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| 37 | 38 | | of health benefits. |
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| 38 | 39 | | (d) On receipt of a written request for information under |
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| 39 | 40 | | Subsection (c), the health care vendor shall provide the requested |
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| 40 | 41 | | information to the member of the legislature who submitted the |
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| 41 | 42 | | request. |
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| 42 | 43 | | (e) A health care vendor, by providing information under |
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| 43 | 44 | | this section that is confidential or otherwise excepted from |
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| 44 | 45 | | required disclosure under law, does not waive or affect the |
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| 45 | 46 | | confidentiality of the information for purposes of state or federal |
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| 46 | 47 | | law or waive the right to assert exceptions to required disclosure |
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| 47 | 48 | | of the information in the future. |
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| 48 | 49 | | (f) A member of the legislature or legislative staff who |
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| 49 | 50 | | receives information from a health care vendor under this section |
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| 50 | 51 | | may not disclose that information to any person who does not have a |
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| 51 | 52 | | right to access that information under this section. |
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| 52 | 53 | | SECTION 2. Section 2252.909, Government Code, as added by |
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| 53 | 54 | | this Act, applies only to a health care vendor that enters into or |
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| 54 | 55 | | renews a contract with the State of Texas on or after the effective |
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| 55 | 56 | | date of this Act. |
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| 56 | 57 | | SECTION 3. This Act takes effect September 1, 2021. |
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