1 | 1 | | 89R3370 SCL-D |
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2 | 2 | | By: Gates H.B. No. 1225 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the establishment of a bundled-pricing program to |
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10 | 10 | | reduce certain health care costs in the state employees group |
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11 | 11 | | benefits program. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Chapter 1551, Insurance Code, is amended by |
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14 | 14 | | adding Subchapter K to read as follows: |
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15 | 15 | | SUBCHAPTER K. BUNDLED-PRICING PROGRAM |
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16 | 16 | | Sec. 1551.501. DEFINITIONS. In this subchapter: |
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17 | 17 | | (1) "Facility-based provider" has the meaning |
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18 | 18 | | assigned by Section 1551.229. |
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19 | 19 | | (2) "Program" means the bundled-pricing program |
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20 | 20 | | developed under this subchapter. |
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21 | 21 | | Sec. 1551.502. BUNDLED-PRICING PROGRAM. (a) The board of |
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22 | 22 | | trustees shall develop a cost-positive bundled-pricing program for |
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23 | 23 | | health benefit plans provided under the group benefits program. |
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24 | 24 | | (b) The program must be designed to reduce health care costs |
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25 | 25 | | in the group benefits program by contracting with a health care |
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26 | 26 | | facility, physician, or health care provider at a consolidated rate |
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27 | 27 | | for an inpatient or outpatient surgery procedure that is a covered |
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28 | 28 | | health care or medical service under a health benefit plan provided |
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29 | 29 | | under the group benefits program. |
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30 | 30 | | (c) A consolidated rate described by Subsection (b) must |
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31 | 31 | | include all fees related to the covered surgery procedure, |
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32 | 32 | | including fees for a health care facility, physician, health care |
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33 | 33 | | provider, laboratory, anesthesia, perioperative service, |
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34 | 34 | | prescription drug, or pharmacy service. |
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35 | 35 | | (d) The board of trustees shall contract with a third-party |
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36 | 36 | | administrator to administer the program. The program administrator |
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37 | 37 | | may be independent from the administrator of a health benefit plan |
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38 | 38 | | under the group benefits program. |
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39 | 39 | | Sec. 1551.503. PARTICIPATION; COST-SHARING OBLIGATION. |
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40 | 40 | | (a) A participant may have only an inpatient or outpatient surgery |
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41 | 41 | | procedure under the program. |
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42 | 42 | | (b) Except as provided by Subsection (c), the board of |
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43 | 43 | | trustees or a participating health care facility, physician, or |
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44 | 44 | | health care provider may not require a participant to pay a |
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45 | 45 | | deductible, copayment, coinsurance, or other cost-sharing |
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46 | 46 | | obligation for a covered surgery procedure provided under the |
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47 | 47 | | program. |
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48 | 48 | | (c) The board of trustees may require a participant in the |
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49 | 49 | | state consumer-directed health plan established under Section |
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50 | 50 | | 1551.452 to meet the participant's deductible before the plan pays |
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51 | 51 | | for a covered surgery procedure provided under the program. |
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52 | 52 | | Sec. 1551.504. PROVIDER PARTICIPATION. (a) A health care |
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53 | 53 | | facility, physician, or health care provider is not required to |
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54 | 54 | | participate in the program. To participate, a health care |
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55 | 55 | | facility, physician, or health care provider must voluntarily and |
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56 | 56 | | expressly agree in writing to participate. |
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57 | 57 | | (b) A health care facility may not directly or indirectly: |
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58 | 58 | | (1) coerce a facility-based provider or physician to |
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59 | 59 | | participate in the program or accept a lower rate for an inpatient |
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60 | 60 | | or outpatient surgery procedure; |
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61 | 61 | | (2) condition a physician's staff membership or |
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62 | 62 | | privileges on the physician's participation in the program; |
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63 | 63 | | (3) consider a physician's participation or lack of |
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64 | 64 | | participation in the program in credentialing the physician; |
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65 | 65 | | (4) offer preferential scheduling to a participating |
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66 | 66 | | physician as compared to a physician who elects not to participate; |
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67 | 67 | | or |
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68 | 68 | | (5) terminate or otherwise penalize a physician or |
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69 | 69 | | health care provider for an election to not participate in the |
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70 | 70 | | program. |
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71 | 71 | | (c) The board of trustees, a health benefit plan, an |
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72 | 72 | | administrator of a health benefit plan provided under the group |
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73 | 73 | | program, or a health benefit plan issuer may not directly or |
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74 | 74 | | indirectly: |
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75 | 75 | | (1) coerce a health care facility, physician, or |
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76 | 76 | | health care provider to participate in the program; |
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77 | 77 | | (2) condition any plan participation on participation |
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78 | 78 | | in the program; or |
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79 | 79 | | (3) terminate or otherwise penalize a health care |
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80 | 80 | | facility, physician, or health care provider for electing not to |
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81 | 81 | | participate in the program. |
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82 | 82 | | Sec. 1551.505. PROCEDURE APPROVAL. (a) Before scheduling |
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83 | 83 | | a procedure under the program, a participating health care |
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84 | 84 | | facility, physician, or health care provider must apply for |
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85 | 85 | | approval from the program administrator in the form and manner |
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86 | 86 | | prescribed by the board of trustees. |
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87 | 87 | | (b) The approval application must include the consolidated |
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88 | 88 | | rate for the procedure and any other information determined |
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89 | 89 | | necessary by the program administrator. |
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90 | 90 | | (c) In determining whether to approve a procedure under this |
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91 | 91 | | section, the program administrator shall: |
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92 | 92 | | (1) ensure that the quality of care is comparable to |
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93 | 93 | | the care provided by a network provider for a health benefit plan |
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94 | 94 | | under the group benefits program; |
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95 | 95 | | (2) ensure that the procedure's cost is lower than the |
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96 | 96 | | procedure's cost if performed outside of the program; and |
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97 | 97 | | (3) if there is not a quality differential and |
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98 | 98 | | multiple health care facilities, physicians, or health care |
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99 | 99 | | providers apply to perform the same procedure for a participant, |
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100 | 100 | | consider the procedure's consolidated rate and the time the |
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101 | 101 | | procedure will be performed as the most important factors. |
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102 | 102 | | Sec. 1551.506. PAYMENT. (a) The board of trustees shall |
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103 | 103 | | ensure that a participating health care facility, physician, or |
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104 | 104 | | health care provider receives payment for a covered surgery |
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105 | 105 | | procedure not later than the 30th day after the date the program |
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106 | 106 | | administrator receives a claim for the procedure that includes, at |
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107 | 107 | | a minimum, each current procedural terminology code associated with |
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108 | 108 | | the bundled procedure and each ICD-10 code associated with the |
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109 | 109 | | patient. |
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110 | 110 | | (b) The program must include the methods by which payments |
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111 | 111 | | are allocated among a participating health care facility, |
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112 | 112 | | physician, or health care provider. If the consolidated bundled |
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113 | 113 | | payment is to be paid to an entity for further distribution to other |
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114 | 114 | | participating health care facilities, physicians, or health care |
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115 | 115 | | providers, the entity receiving the consolidated payment must be a |
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116 | 116 | | physician-led organization and have contracting authority on |
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117 | 117 | | behalf of the other participating facilities, physicians, and |
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118 | 118 | | providers. |
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119 | 119 | | (c) A participating health care facility, physician, or |
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120 | 120 | | health care provider may submit a request for payment to the |
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121 | 121 | | administrator for unanticipated services required to be provided |
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122 | 122 | | while performing a procedure under the program. The request must |
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123 | 123 | | include information on the reason the services were required. |
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124 | 124 | | Sec. 1551.507. BUNDLED-PRICING DISCLOSURE. (a) A |
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125 | 125 | | participating health care facility, physician, or health care |
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126 | 126 | | provider shall provide a written disclosure to a participant or the |
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127 | 127 | | participant's representative of the consolidated rate for a |
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128 | 128 | | procedure provided under the program before scheduling the |
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129 | 129 | | procedure. |
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130 | 130 | | (b) A health care facility, physician, or health care |
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131 | 131 | | provider that participates in the program may disclose a |
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132 | 132 | | consolidated rate for an inpatient or outpatient surgery procedure |
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133 | 133 | | on the facility's, physician's, or provider's Internet website and |
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134 | 134 | | marketing materials. |
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135 | 135 | | Sec. 1551.508. PUBLICATION OF INFORMATION. The board of |
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136 | 136 | | trustees shall publish information on the program, including a list |
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137 | 137 | | of participating health care facilities, physicians, and health |
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138 | 138 | | care providers and the consolidated rates offered by each |
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139 | 139 | | participating facility, physician, and provider, on the Employees |
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140 | 140 | | Retirement System of Texas website. |
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141 | 141 | | Sec. 1551.509. UNAUTHORIZED PRACTICE OF MEDICINE |
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142 | 142 | | PROHIBITED. This subchapter may not be construed to authorize: |
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143 | 143 | | (1) a lay person or entity to supervise or otherwise |
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144 | 144 | | control the practice of medicine as prohibited under Subtitle B, |
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145 | 145 | | Title 3, Occupations Code; |
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146 | 146 | | (2) a person or entity to engage in the unauthorized |
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147 | 147 | | practice of medicine in this state; |
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148 | 148 | | (3) a person or entity to misrepresent that the person |
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149 | 149 | | or entity is entitled to practice medicine; or |
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150 | 150 | | (4) a violation of Section 155.001, 155.003, 157.001, |
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151 | 151 | | 164.052, or 165.156, Occupations Code. |
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152 | 152 | | Sec. 1551.510. RULEMAKING. The board of trustees may adopt |
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153 | 153 | | rules as necessary to implement this subchapter. |
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154 | 154 | | SECTION 2. This Act takes effect September 1, 2025. |
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