1 | 1 | | 89R3998 SCF-F |
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2 | 2 | | By: Parker S.B. No. 832 |
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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 expedited credentialing of certain chiropractors by |
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10 | 10 | | managed care plan issuers. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Chapter 1452, Insurance Code, is amended by |
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13 | 13 | | adding Subchapter F to read as follows: |
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14 | 14 | | SUBCHAPTER F. EXPEDITED CREDENTIALING PROCESS FOR CERTAIN |
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15 | 15 | | CHIROPRACTORS |
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16 | 16 | | Sec. 1452.251. DEFINITIONS. In this subchapter: |
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17 | 17 | | (1) "Applicant" means a chiropractor applying for |
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18 | 18 | | expedited credentialing under this subchapter. |
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19 | 19 | | (2) "Enrollee" means an individual who is eligible to |
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20 | 20 | | receive health care services under a managed care plan. |
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21 | 21 | | (3) "Health care provider" means: |
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22 | 22 | | (A) an individual who is licensed, certified, or |
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23 | 23 | | otherwise authorized to provide health care services in this state; |
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24 | 24 | | or |
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25 | 25 | | (B) a hospital, emergency clinic, outpatient |
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26 | 26 | | clinic, or other facility providing health care services. |
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27 | 27 | | (4) "Managed care plan" means a health benefit plan |
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28 | 28 | | under which health care services are provided to enrollees through |
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29 | 29 | | contracts with health care providers and that requires enrollees to |
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30 | 30 | | use participating providers or that provides a different level of |
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31 | 31 | | coverage for enrollees who use participating providers. The term |
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32 | 32 | | includes a health benefit plan issued by: |
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33 | 33 | | (A) a health maintenance organization; |
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34 | 34 | | (B) a preferred provider benefit plan issuer; or |
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35 | 35 | | (C) any other entity that issues a health benefit |
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36 | 36 | | plan, including an insurance company. |
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37 | 37 | | (5) "Participating provider" means a health care |
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38 | 38 | | provider who has contracted with a health benefit plan issuer to |
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39 | 39 | | provide services to enrollees. |
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40 | 40 | | (6) "Professional practice" means a business entity |
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41 | 41 | | owned by one or more chiropractors or physicians. |
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42 | 42 | | Sec. 1452.252. APPLICABILITY. This subchapter applies only |
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43 | 43 | | to a chiropractor who joins an established professional practice |
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44 | 44 | | that has a contract with a managed care plan. |
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45 | 45 | | Sec. 1452.253. ELIGIBILITY REQUIREMENTS. To qualify for |
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46 | 46 | | expedited credentialing under this subchapter and payment under |
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47 | 47 | | Section 1452.254, a chiropractor must: |
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48 | 48 | | (1) be licensed in this state by, and in good standing |
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49 | 49 | | with, the Texas Board of Chiropractic Examiners; |
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50 | 50 | | (2) submit all documentation and other information |
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51 | 51 | | required by the managed care plan issuer to begin the credentialing |
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52 | 52 | | process required for the issuer to include the chiropractor in the |
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53 | 53 | | plan's network; and |
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54 | 54 | | (3) agree to comply with the terms of the managed care |
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55 | 55 | | plan's participating provider contract with the chiropractor's |
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56 | 56 | | established professional practice. |
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57 | 57 | | Sec. 1452.254. PAYMENT OF CHIROPRACTOR DURING |
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58 | 58 | | CREDENTIALING PROCESS. After an applicant has submitted the |
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59 | 59 | | information required by the managed care plan issuer under Section |
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60 | 60 | | 1452.253, the issuer shall, for payment purposes only, treat the |
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61 | 61 | | applicant as if the applicant is a participating provider in the |
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62 | 62 | | plan's network when the applicant provides services to the plan's |
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63 | 63 | | enrollees, including: |
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64 | 64 | | (1) authorizing the applicant to collect copayments |
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65 | 65 | | from the enrollees; and |
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66 | 66 | | (2) making payments to the applicant. |
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67 | 67 | | Sec. 1452.255. DIRECTORY ENTRIES. Pending the approval of |
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68 | 68 | | an application submitted under Section 1452.253, the managed care |
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69 | 69 | | plan issuer may exclude the applicant from the plan's directory, |
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70 | 70 | | Internet website listing, or other listing of participating |
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71 | 71 | | providers. |
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72 | 72 | | Sec. 1452.256. EFFECT OF FAILURE TO MEET CREDENTIALING |
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73 | 73 | | REQUIREMENTS. If, on completion of the credentialing process, the |
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74 | 74 | | managed care plan issuer determines that the applicant does not |
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75 | 75 | | meet the issuer's credentialing requirements: |
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76 | 76 | | (1) the issuer may recover from the applicant or the |
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77 | 77 | | applicant's professional practice an amount equal to the difference |
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78 | 78 | | between payments for in-network benefits and out-of-network |
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79 | 79 | | benefits; and |
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80 | 80 | | (2) the applicant or the applicant's professional |
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81 | 81 | | practice may retain any copayments collected or in the process of |
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82 | 82 | | being collected as of the date of the issuer's determination. |
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83 | 83 | | Sec. 1452.257. ENROLLEE HELD HARMLESS. An enrollee is not |
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84 | 84 | | responsible and shall be held harmless for the difference between |
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85 | 85 | | in-network copayments paid by the enrollee to a chiropractor who is |
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86 | 86 | | determined to be ineligible under Section 1452.256 and the |
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87 | 87 | | enrollee's managed care plan's charges for out-of-network services. |
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88 | 88 | | The chiropractor and the chiropractor's professional practice may |
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89 | 89 | | not charge the enrollee for any portion of the chiropractor's fee |
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90 | 90 | | that is not paid or reimbursed by the plan. |
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91 | 91 | | Sec. 1452.258. LIMITATION ON MANAGED CARE ISSUER LIABILITY. |
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92 | 92 | | A managed care plan issuer that complies with this subchapter is not |
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93 | 93 | | subject to liability for damages arising out of or in connection |
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94 | 94 | | with, directly or indirectly, the payment by the issuer of a |
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95 | 95 | | chiropractor treated as if the chiropractor is a participating |
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96 | 96 | | provider in the plan's network. |
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97 | 97 | | SECTION 2. This Act takes effect September 1, 2025. |
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