1 | 1 | | 89R4361 SCF-F |
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2 | 2 | | By: Vo H.B. No. 1818 |
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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 examinations of health maintenance organizations and |
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10 | 10 | | insurers by the commissioner of insurance regarding compliance with |
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11 | 11 | | certain utilization review and preauthorization requirements; |
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12 | 12 | | authorizing a fee. |
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13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 14 | | SECTION 1. Section 843.154(f), Insurance Code, is amended |
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15 | 15 | | to read as follows: |
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16 | 16 | | (f) A health maintenance organization shall pay to the |
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17 | 17 | | commissioner a fee in an amount assessed by the commissioner and |
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18 | 18 | | paid in accordance with rules adopted by the commissioner for the |
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19 | 19 | | expenses of an examination under Section 843.156(a) or (a-1) that: |
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20 | 20 | | (1) are incurred by the commissioner or under the |
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21 | 21 | | commissioner's authority; and |
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22 | 22 | | (2) are directly attributable to that examination, |
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23 | 23 | | including the actual salaries and expenses of the examiners |
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24 | 24 | | directly attributable to that examination, as determined under |
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25 | 25 | | rules adopted by the commissioner. |
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26 | 26 | | SECTION 2. Section 843.156, Insurance Code, is amended by |
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27 | 27 | | adding Subsections (a-1) and (a-2) to read as follows: |
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28 | 28 | | (a-1) The commissioner shall examine a health maintenance |
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29 | 29 | | organization to determine the health maintenance organization's |
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30 | 30 | | compliance with applicable requirements related to utilization |
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31 | 31 | | review, including requirements under this chapter, Chapter 1222, |
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32 | 32 | | Chapter 1369, and Chapter 4201 that relate to the preauthorization |
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33 | 33 | | of health care services. The commissioner may conduct an |
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34 | 34 | | examination under this subsection as often as the commissioner |
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35 | 35 | | considers necessary but shall conduct an examination at least once |
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36 | 36 | | annually. Documentation provided to the commissioner during an |
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37 | 37 | | examination conducted under this subsection is confidential and is |
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38 | 38 | | not subject to disclosure as public information under Chapter 552, |
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39 | 39 | | Government Code. In this subsection and Subsection (a-2), |
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40 | 40 | | "utilization review" has the meaning assigned by Section 4201.002. |
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41 | 41 | | (a-2) If in a certain year the commissioner examines or will |
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42 | 42 | | examine a health maintenance organization's compliance with |
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43 | 43 | | applicable requirements related to utilization review as part of an |
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44 | 44 | | examination other than the examination required by Subsection |
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45 | 45 | | (a-1), the commissioner is not required to examine the health |
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46 | 46 | | maintenance organization under Subsection (a-1) in that year. |
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47 | 47 | | SECTION 3. Section 1301.0056, Insurance Code, is amended by |
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48 | 48 | | adding Subsections (a-2) and (a-3) to read as follows: |
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49 | 49 | | (a-2) The commissioner shall examine an insurer to |
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50 | 50 | | determine the insurer's compliance with applicable requirements |
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51 | 51 | | related to utilization review, including requirements under this |
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52 | 52 | | chapter, Chapter 1222, Chapter 1369, and Chapter 4201 that relate |
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53 | 53 | | to the preauthorization of medical care or health care services. |
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54 | 54 | | The commissioner may conduct an examination under this subsection |
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55 | 55 | | as often as the commissioner considers necessary but shall conduct |
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56 | 56 | | an examination at least once annually. In this subsection and |
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57 | 57 | | Subsection (a-3), "utilization review" has the meaning assigned by |
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58 | 58 | | Section 4201.002. |
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59 | 59 | | (a-3) If in a certain year the commissioner examines or will |
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60 | 60 | | examine an insurer's compliance with applicable requirements |
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61 | 61 | | related to utilization review as part of an examination other than |
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62 | 62 | | the examination required by Subsection (a-2), the commissioner is |
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63 | 63 | | not required to examine the insurer under Subsection (a-2) in that |
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64 | 64 | | year. |
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65 | 65 | | SECTION 4. This Act takes effect September 1, 2025. |
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