SRC-TBR S.B. 1826 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1826
By: Lucio
Business & Commerce
4/30/2001
As Filed


DIGEST AND PURPOSE 

Currently, the border region of our state has unique health care delivery
problems.  As proposed, S.B. 1826 allows people to purchase health plans
that provide access to Mexican physicians. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the commissioner of insurance
in SECTION 1 (Article 20B.05, Insurance Code), of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends the Texas Insurance Code, by adding Chapter 20B, as
follows: 

CHAPTER 20B.  CROSS BORDER HEALTH CARE PLAN

ARTICLE 20B.01 Short Title.  Authorizes this chapter to be cited as the
Cross Border Health Care Plan Act. 

ARTICLE 20B.02.  Definitions.  Defines "cross border health care plan,"
"basic health care services," "commissioner," "emergency care," "enrollee,"
"health care plan," "health care services," "health maintenance
organization," and "health maintenance organization delivery network." 

ARTICLE 20B.03.  Coverage Offered.  (a)  Authorizes a health maintenance
organization (HMO) licensed to provide basic health care services under
Chapter 20A, Insurance Code, to offer a cross border health care plan to
individuals or to small employers or large employers, as such terms are
defined in the Health Insurance Portability and Accountability Act (Chapter
26, V.T.I.C.).  Requires an HMO, in arranging for or providing a cross
border health care plan, to have all the powers and authority granted under
Article 20A.06, Insurance Code. 

(b)  Authorizes a cross border health care plan to limit its service area
to a geographic region within the Unites Mexican States and to limit the
coverage of out-of-area health care services delivered in this state to
emergency care services.  Requires the delivery of emergency care services
in this state under such a plan to be subject to the requirements of
Article 20A.04(a)(16), Insurance Code. 

(c)  Requires the delivery of health care services through the HMO delivery
network located in the United Mexican States to be based on and determined
by the prevailing community standards in the United Mexican States, and
provides that the licensing of physicians and providers is governed by the
applicable laws of the United Mexican States.  Provides that a physician or
provider providing health care services through the delivery network is not
required to be licensed in this state.  Provides that the credentialing,
peer review, and quality of care standards used by an HMO offering a cross
border health care plan is governed by the standards that apply in the
United  Mexican States. 

(d)  Authorizes a cross border health care plan to be made available to
eligible employees of a small or large employer, and their dependents, only
when chosen by the employer as an option among two or more health benefit
plans, at least one of which provides coverage for health care services
delivered in Texas. 

(e)  Requires an HMO which offers a cross border health care plan to
contract with sufficient providers and physicians to assure that all health
care services for which coverage is provided will be reasonably available
and accessible. 

ARTICLE 20B.04.  Applicability of Texas Health Maintenance Organization
Act.  (a) Requires a cross border health care plan to satisfy the
requirements of Article 20A.09, Insurance Code, provided, however, the
provisions relating to state continuation of coverage and conversion shall
not be applicable to such health care plan.  Requires an HMO to file the
form of its cross border health care plan for information only with the
commissioner, accompanied by a certification on its behalf that upon best
knowledge, information and belief, such filed form complies in all respects
with the applicable provisions of this Code and the adopted rules and
regulations that are applicable to such form being filed. 

(b)  Provides that a cross border health care plan and the HMO offering
such a plan is exempt from the requirements of Articles 20A.09E, 20A.09F,
20A.11, 20A.11A, 20A.11B, 20A.18A, 20A.B, 20A.18C, 20A.29, 20A.37, 20A.38
and 26.09, Insurance Code, and any rules or regulations promulgated
pursuant thereto.  Requires the commissioner to not be charged with the
responsibility of examining an HMO with respect to the quality of health
care services delivered under a cross border health care plan by providers
and physicians located in the United Mexican States. 

(c)  Requires Articles 20A.12, 20A.12A, 20A.12B, Insurance Code, to apply
to a cross border health care plan only to the extent that an enrollee
under such a plan receives health care services delivered by a physician or
provider located in this state. 

(d)  Requires the provisions of Article 20A.26, Insurance Code, other than
Subsection (i)(3), to apply to a cross border health care plan.  Prohibits
Articles 21.07-6 and 21.58A, Insurance Code from applying to the activities
of physicians, providers, and other persons doing business in the United
Mexican States. 

ARTICLE 20B.05.  Rules and Regulations.  Authorizes the commissioner to
promulgate such reasonable rules and regulations to prescribe the
information to be provided to prospective and current group contract
holders and enrollees; and communications with providers and physicians
relating to the enrollee's medical conditions or treatment options. 

ARTICLE 20B.06.  Severability.  Requires that if any provision of this Act
or the application thereof to any person or circumstance is held invalid
for any reason, the invalidity does not affect the other provisions or any
other application of this Act which can be given effect without the invalid
provisions or application.  Provides that, to this end, all provisions of
the Texas Cross Border Health Care Plan Act are declared to be severable. 

SECTION 2.  Effective date: September 1, 2001.  Makes application of this
Act prospective.