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A BILL TO BE ENTITLED
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AN ACT
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relating to review by the office of public insurance counsel of rate |
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filings by health benefit plan issuers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 501, Insurance Code, is |
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amended by adding Section 501.1545 to read as follows: |
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Sec. 501.1545. ROLE OF PUBLIC COUNSEL IN HEALTH BENEFIT |
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PLAN RATE FILINGS. (a) In this section, "health benefit plan" |
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means an insurance policy, insurance agreement, evidence of |
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coverage, or other similar coverage document that provides coverage |
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for medical or surgical expenses incurred as a result of a health |
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condition, accident, or sickness. |
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(b) On request by the commissioner, the public counsel may |
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review all rate filings and additional information provided under |
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this code or rules adopted under this code by the issuer of a health |
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benefit plan. Confidential information reviewed under this |
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subsection remains confidential. |
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(c) The public counsel, not later than the 30th day after |
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the date of a rate filing described by Subsection (b), may file with |
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the commissioner a written objection to: |
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(1) the rate filing; or |
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(2) the criteria on which the issuer of a health |
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benefit plan relied to determine the rate. |
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(d) A written objection filed under Subsection (c) must |
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contain the reasons for the objection. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the commissioner of insurance shall apply for a federal |
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premium review grant under Section 1003, Patient Protection and |
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Affordable Care Act (42 U.S.C. Section 300gg-94). The commissioner |
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shall include in the grant request an amount the office of public |
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insurance counsel determines is sufficient to allow the office of |
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public insurance counsel to implement Section 501.1545, Insurance |
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Code, as added by this Act. The commissioner shall allocate part of |
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the grant to the office of public insurance counsel based on the |
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proportion of the amount the office bears to the total amount |
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requested. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |