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.