Amend HB 1610 by striking all below the enacting clause and substituting the following: SECTION 1. Chapter 38, Insurance Code is amended by adding Subchapter F to read as follows: SUBCHAPTER F. DATA COLLECTING AND REPORTING RELATING TO MANDATED HEALTH BENEFITS AND MANDATED OFFERS OF COVERAGE Sec. 38.251. APPLICABILITY. This subchapter applies to any issuer of a health benefit plan that is subject to this code that provides benefits for medical or surgical expenses incurred as a result of a health condition, accident, or sickness, including an individual, group, blanket, or franchise insurance policy or insurance agreement, a group hospital service contract, or an individual or group evidence of coverage or similar coverage document. Sec. 38.252. COLLECTION OF INFORMATION; REPORT. (a) The commissioner shall require a health benefit plan issuer to collect and report cost and utilization data for each mandated health benefit and mandated offer designated by the commissioner. (b) The commissioner shall designate by rule: (1) the issuers of health benefit plans that must collect and report data based on the annual dollar amounts of Texas premium collected by the health benefit plan issuer; (2) the specific mandated health benefits and mandated offers of coverage for which data must be collected; (3) a description of the data that must be collected; (4) the beginning and ending dates of the reporting periods, which shall be no less than every two years; (5) the date following the end of the reporting period by which the report shall be submitted to the commissioner; (6) the detail and form in which the report shall be submitted; and (7) any other reasonable requirements that the commissioner determines are necessary to determine the impact of mandated benefits and mandated offers of coverage for which data collection and reporting is required. (c) The commissioner shall not require reporting of data: (1) that could reasonably be used to identify a specific enrollee in a health benefit plan; (2) in any way that violates confidentiality requirements of state or federal law applicable to an enrollee in a health benefit plan; or (3) in which the health maintenance organization operating under the Texas Health Maintenance Organization Act (Chapter 20A, Vernon's Texas Insurance Code), does not directly process the claim or does not receive complete and accurate encounter data. Sec 38.253. MAINTENANCE OF INFORMATION. Each health benefit plan issuer shall maintain at its principle place of business all data collected pursuant to this subchapter, including information and supporting documentation that demonstrates that the report submitted to the commissioner are complete and accurate. Each health benefit plan issuer shall make this information and any supporting documentation available to the commissioner upon request. Sec. 38.254. (a) Upon request from the commissioner, the Texas Health and Human Services Commission shall provide to the commissioner data, including utilization and cost data, which is related to the mandate being assessed to the population covered by the Medicaid Program, including a program administered under Chapter 32 of the Human Resources Code and a program administered under Chapter 533 of the Government Code, even if the program is not necessarily subject to the mandate. (b) The commissioner may utilize data as defined in Subsection (1) to determine the impact of mandated benefits and mandated offers of coverage for which data collection and reporting is requested. SECTION 2. This Act takes effect September 1, 2001.