1 | 1 | | By: Kolkhorst S.B. No. 2502 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | A BILL TO BE ENTITLED |
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5 | 5 | | AN ACT |
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6 | 6 | | relating to certain limitations on reimbursements paid for |
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7 | 7 | | inpatient and outpatient hospital services for certain publicly |
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8 | 8 | | funded health benefit plan coverage for employees and retirees. |
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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 1551.205, Insurance Code, is amended to |
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11 | 11 | | read as follows: |
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12 | 12 | | Sec. 1551.205. MAXIMUM RATES FOR FACILITIES; LIMITATIONS. |
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13 | 13 | | (a) Disregarding any contradictory contract terms or any other law |
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14 | 14 | | to the contrary, any facility, as such term is defined by Section |
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15 | 15 | | 324.001 of the Health and Safety Code, that bills the group |
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16 | 16 | | benefits program, its administering firm, carrier, or their |
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17 | 17 | | designee, for health care services provided to an enrolled employee |
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18 | 18 | | or dependent will never be entitled to a rate for such health care |
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19 | 19 | | services thats exceed the rate established in the applicable rider |
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20 | 20 | | in the General Appropriations Act, Article I, Employees Retirement |
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21 | 21 | | System of Texas. |
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22 | 22 | | (b) A facility shall not discriminate against an employee |
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23 | 23 | | or dependent, or against the program, by refusing, to participate |
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24 | 24 | | in an administering firm's or health coverage plan's network, or by |
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25 | 25 | | refusing to serve an employee or dependent, or by providing health |
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26 | 26 | | care services of a lower standard and quality to an employee or |
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27 | 27 | | dependent than what the facility provides to other similar |
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28 | 28 | | patients, because of the maximum rating schedule imposed by |
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29 | 29 | | subsection (a) of this section. |
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30 | 30 | | (c) The board of trustees may not contract for or provide a |
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31 | 31 | | coverage plan that: |
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32 | 32 | | (1) excludes or limits coverage or services for |
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33 | 33 | | acquired immune deficiency syndrome, as defined by the Centers for |
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34 | 34 | | Disease Control and Prevention of the United States Public Health |
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35 | 35 | | Service, or human immunodeficiency virus infection; |
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36 | 36 | | (2) provides coverage for serious mental illness that |
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37 | 37 | | is less extensive than the coverage provided for any physical |
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38 | 38 | | illness; or |
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39 | 39 | | (3) may provide coverage for prescription drugs to |
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40 | 40 | | assist in stopping smoking at a lower benefit level than is provided |
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41 | 41 | | for other prescription drugs. |
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42 | 42 | | SECTION 2: Section 1575.104, Insurance Code, is amended to read as |
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43 | 43 | | follows: |
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44 | 44 | | Sec. 1575.104. TERMS OF CONTRACT; MAXIMUM RATES FOR |
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45 | 45 | | FACILITIES. (a) A contract for group coverage awarded by the |
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46 | 46 | | trustee must meet the minimum benefit and financial standards |
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47 | 47 | | adopted by the trustee. |
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48 | 48 | | (b) Disregarding any contradictory contract terms or any |
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49 | 49 | | other law to the contrary, any facility, as such term is defined by |
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50 | 50 | | Section 324.001 of the Health and Safety Code, that bills the group |
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51 | 51 | | program, its administrator, carrier, or their designee, for health |
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52 | 52 | | care services provided to an enrolled retiree or dependent will |
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53 | 53 | | never be entitled to a rate for such health care services that |
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54 | 54 | | exceeds the rate established in the applicable rider in the General |
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55 | 55 | | Appropriations Act, Article III, Teacher Retirement System. |
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56 | 56 | | (c) A facility shall not discriminate against a retiree or |
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57 | 57 | | dependent, or against the group program, by refusing to |
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58 | 58 | | participate in a group program administrator's or carrier's |
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59 | 59 | | network, or by refusing to serve a retiree or dependent, or by |
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60 | 60 | | providing health care services of a lower standard and quality to a |
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61 | 61 | | retiree or dependent than what the facility provides to other |
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62 | 62 | | similar patients, because of the maximum rating schedule imposed |
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63 | 63 | | by subsection (b) of this section. |
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64 | 64 | | SECTION 3. Subchapter B, Chapter 1579, Insurance Code, is |
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65 | 65 | | amended by adding Section 1579.0511, Insurance Code, to read as |
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66 | 66 | | follows: |
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67 | 67 | | Sec. 1579.0511. MAXIMUM RATES FOR FACILITIES. (a) |
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68 | 68 | | Disregarding any contradictory contract terms or any other law to |
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69 | 69 | | the contrary, any facility, as such term is defined by Section |
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70 | 70 | | 324.001 of the Health and Safety Code, that bills the program, its |
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71 | 71 | | administering firm, health coverage plan, or their designee, for |
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72 | 72 | | health care services provided to an enrolled employee or dependent |
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73 | 73 | | will never be entitled to a rate for such health care services that |
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74 | 74 | | exceeds the rate established in the applicable rider in the General |
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75 | 75 | | Appropriations Act, Article III, Teacher Retirement System. |
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76 | 76 | | (b) A facility shall not discriminate against an employee |
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77 | 77 | | or dependent, or against the program, by refusing to participate in |
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78 | 78 | | an administering firm's or health coverage plan's network, or by |
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79 | 79 | | refusing to serve an employee or dependent, or by providing health |
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80 | 80 | | care services of a lower standard and quality to an employee or |
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81 | 81 | | dependent than what the facility provides to other similar |
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82 | 82 | | patients, because of the maximum rating schedule imposed by |
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83 | 83 | | subsection (a) of this section. |
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84 | 84 | | SECTION 4. Subchapter B of Chapter 1601, Insurance Code, is |
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85 | 85 | | amended by adding Section 1601.0581, Insurance Code, to read as |
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86 | 86 | | follows: |
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87 | 87 | | Sec. 1601.0581. MAXIMUM RATES FOR FACILITIES. (a) |
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88 | 88 | | Disregarding any contradictory contract terms or any other law to |
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89 | 89 | | the contrary, any facility, as such term is defined by Section |
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90 | 90 | | 324.001 of the Health and Safety Code, that bills the uniform |
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91 | 91 | | program, its administering carrier, or their designee, for health |
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92 | 92 | | care services provided to an enrolled employee, retiree, or |
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93 | 93 | | dependent will never be entitled to a rate for such health care |
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94 | 94 | | services that exceeds the rate established in the applicable rider |
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95 | 95 | | in the General Appropriations Act, Article III, University of |
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96 | 96 | | Texas System and Texas A&M University System. |
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97 | 97 | | (b) A facility shall not discriminate against an employee, |
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98 | 98 | | retiree, or dependent, or against the uniform program, by refusing |
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99 | 99 | | to participate in an administering carrier's network, or by |
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100 | 100 | | refusing to serve an employee, retiree, or dependent, or by |
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101 | 101 | | providing health care services of a lower standard and quality to an |
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102 | 102 | | employee, retiree, or dependent than what the facility provides to |
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103 | 103 | | other similar patients, because of the maximum rating schedule |
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104 | 104 | | imposed by subsection (a) of this section. |
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105 | 105 | | SECTION 4. The maximum rating schedules imposed by Section |
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106 | 106 | | 1551.202, Insurance Code, Section 1575.104, Insurance Code, as |
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107 | 107 | | amended by this Act, Section 1579.0511, Insurance Code, and Section |
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108 | 108 | | 1601.0581, Insurance Code, as added by this Act, shall apply to any |
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109 | 109 | | bill for health care services provided by a facility with dates of |
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110 | 110 | | service beginning on or after September 1, 2024. |
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111 | 111 | | SECTION 5. This Act takes effect on September 1, 2023. |
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