Bill Text: TX SB1742 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to physician and health care provider directories, preauthorization, utilization review, independent review, and peer review for certain health benefit plans and workers' compensation coverage.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [SB1742 Detail]
Download: Texas-2019-SB1742-Enrolled.html
S.B. No. 1742 |
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relating to physician and health care provider directories, | ||
preauthorization, utilization review, independent review, and peer | ||
review for certain health benefit plans and workers' compensation | ||
coverage. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. HEALTH CARE PROVIDER DIRECTORIES | ||
SECTION 1.01. Section 1451.501, Insurance Code, is amended | ||
by amending Subdivision (1) and adding Subdivisions (1-a) and (1-b) | ||
to read as follows: | ||
(1) "Facility" has the meaning assigned by Section | ||
324.001, Health and Safety Code. | ||
(1-a) "Facility-based physician" means a radiologist, | ||
anesthesiologist, pathologist, emergency department physician, | ||
neonatologist, or assistant surgeon: | ||
(A) to whom a facility has granted clinical | ||
privileges; and | ||
(B) who provides services to patients of the | ||
facility under those clinical privileges. | ||
(1-b) "Health care provider" means a practitioner, | ||
institutional provider, or other person or organization that | ||
furnishes health care services and that is licensed or otherwise | ||
authorized to practice in this state. The term includes a | ||
pharmacist, pharmacy, hospital, nursing home, or other medical or | ||
health-related service facility that provides care for the sick or | ||
injured or other care. The term does not include a physician. | ||
SECTION 1.02. Section 1451.504, Insurance Code, is amended | ||
by amending Subsection (b) and adding Subsections (c) and (d) to | ||
read as follows: | ||
(b) The directory must include the name, street address, | ||
specialty, if any, and telephone number of each physician and | ||
health care provider described by Subsection (a) and indicate | ||
whether the physician or provider is accepting new patients. | ||
(c) For each health care provider that is a facility | ||
included in the directory under this section, the directory must: | ||
(1) list under the facility name separate headings for | ||
radiologists, anesthesiologists, pathologists, emergency | ||
department physicians, neonatologists, and assistant surgeons; | ||
(2) list under each heading described by Subdivision | ||
(1) each facility-based physician described by Subsection (a) | ||
practicing in the specialty corresponding with that heading that is | ||
a preferred provider, exclusive provider, or network physician; | ||
(3) for the facility and each facility-based physician | ||
described by Subdivision (2), clearly indicate each health benefit | ||
plan issued by the issuer that may provide coverage for the services | ||
provided by that facility or physician; and | ||
(4) include the facility in a listing of all | ||
facilities included in the directory indicating: | ||
(A) the name of the facility; | ||
(B) the municipality in which the facility is | ||
located or county in which the facility is located if the facility | ||
is in the unincorporated area of the county; | ||
(C) for each specialty of facility-based | ||
physician practicing at the facility, the name, street address, and | ||
telephone number of any facility-based physician that is a | ||
preferred provider, exclusive provider, or network physician or of | ||
the physician group in which the facility-based physician | ||
practices; | ||
(D) each health benefit plan issued by the issuer | ||
that may provide coverage for the services provided by the | ||
facility; and | ||
(E) each health benefit plan issued by the issuer | ||
that may provide coverage for the services provided by each | ||
facility-based physician group. | ||
(d) The directory must list a facility-based physician | ||
individually and, if the physician belongs to a physician group, as | ||
part of the physician group. | ||
SECTION 1.03. Section 1451.505(c), Insurance Code, is | ||
amended to read as follows: | ||
(c) The directory must be: | ||
(1) electronically searchable by physician or health | ||
care provider name, specialty, if any, facility, and location; and | ||
(2) publicly accessible without necessity of | ||
providing a password, a user name, or personally identifiable | ||
information. | ||
ARTICLE 2. PREAUTHORIZATION | ||
SECTION 2.01. Section 843.348(b), Insurance Code, is | ||
amended to read as follows: | ||
(b) A health maintenance organization that uses a | ||
preauthorization process for health care services shall provide | ||
each participating physician or provider, not later than the fifth | ||
[ |
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health care services that [ |
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information concerning the preauthorization process. | ||
SECTION 2.02. Subchapter J, Chapter 843, Insurance Code, is | ||
amended by adding Sections 843.3481, 843.3482, and 843.3483 to read | ||
as follows: | ||
Sec. 843.3481. POSTING OF PREAUTHORIZATION REQUIREMENTS. | ||
(a) A health maintenance organization that uses a | ||
preauthorization process for health care services shall make the | ||
requirements and information about the preauthorization process | ||
readily accessible to enrollees, physicians, providers, and the | ||
general public by posting the requirements and information on the | ||
health maintenance organization's Internet website. | ||
(b) The preauthorization requirements and information | ||
described by Subsection (a) must: | ||
(1) be posted: | ||
(A) except as provided by Subsection (c) or (d), | ||
conspicuously in a location on the Internet website that does not | ||
require the use of a log-in or other input of personal information | ||
to view the information; and | ||
(B) in a format that is easily searchable and | ||
accessible; | ||
(2) except for the screening criteria under | ||
Subdivision (4)(C), be written in plain language that is easily | ||
understandable by enrollees, physicians, providers, and the | ||
general public; | ||
(3) include a detailed description of the | ||
preauthorization process and procedure; and | ||
(4) include an accurate and current list of the health | ||
care services for which the health maintenance organization | ||
requires preauthorization that includes the following information | ||
specific to each service: | ||
(A) the effective date of the preauthorization | ||
requirement; | ||
(B) a list or description of any supporting | ||
documentation that the health maintenance organization requires | ||
from the physician or provider ordering or requesting the service | ||
to approve a request for that service; | ||
(C) the applicable screening criteria, which may | ||
include Current Procedural Terminology codes and International | ||
Classification of Diseases codes; and | ||
(D) statistics regarding preauthorization | ||
approval and denial rates for the service in the preceding calendar | ||
year, including statistics in the following categories: | ||
(i) physician or provider type and | ||
specialty, if any; | ||
(ii) indication offered; | ||
(iii) reasons for request denial; | ||
(iv) denials overturned on internal appeal; | ||
(v) denials overturned by an independent | ||
review organization; and | ||
(vi) total annual preauthorization | ||
requests, approvals, and denials for the service. | ||
(c) This section may not be construed to require a health | ||
maintenance organization to provide specific information that | ||
would violate any applicable copyright law or licensing agreement. | ||
To comply with a posting requirement described by Subsection (b), a | ||
health maintenance organization may, instead of making that | ||
information publicly available on the health maintenance | ||
organization's Internet website, supply a summary of the withheld | ||
information sufficient to allow a licensed physician or provider, | ||
as applicable for the specific service, who has sufficient training | ||
and experience related to the service to understand the basis for | ||
the health maintenance organization's medical necessity or | ||
appropriateness determinations. | ||
(d) If a requirement or information described by Subsection | ||
(a) is licensed, proprietary, or copyrighted material that the | ||
health maintenance organization has received from a third party | ||
with which the health maintenance organization has contracted, to | ||
comply with a posting requirement described by Subsection (b), the | ||
health maintenance organization may, instead of making that | ||
information publicly available on the health maintenance | ||
organization's Internet website, provide the material to a | ||
physician or provider who submits a preauthorization request using | ||
a nonpublic secured Internet website link or other protected, | ||
nonpublic electronic means. | ||
Sec. 843.3482. CHANGES TO PREAUTHORIZATION REQUIREMENTS. | ||
(a) Except as provided by Subsection (b), not later than the 60th | ||
day before the date a new or amended preauthorization requirement | ||
takes effect, a health maintenance organization that uses a | ||
preauthorization process for health care services shall provide | ||
notice of the new or amended preauthorization requirement and | ||
disclose the new or amended requirement in the health maintenance | ||
organization's newsletter or network bulletin, if any, and on the | ||
health maintenance organization's Internet website. | ||
(b) For a change in a preauthorization requirement or | ||
process that removes a service from the list of health care services | ||
requiring preauthorization or amends a preauthorization | ||
requirement in a way that is less burdensome to enrollees or | ||
participating physicians or providers, a health maintenance | ||
organization shall provide notice of the change in the | ||
preauthorization requirement and disclose the change in the health | ||
maintenance organization's newsletter or network bulletin, if any, | ||
and on the health maintenance organization's Internet website not | ||
later than the fifth day before the date the change takes effect. | ||
(c) Not later than the fifth day before the date a new or | ||
amended preauthorization requirement takes effect, a health | ||
maintenance organization shall update its Internet website to | ||
disclose the change to the health maintenance organization's | ||
preauthorization requirements or process and the date and time the | ||
change is effective. | ||
Sec. 843.3483. REMEDY FOR NONCOMPLIANCE. In addition to | ||
any other penalty or remedy provided by law, a health maintenance | ||
organization that uses a preauthorization process for health care | ||
services that violates this subchapter with respect to a required | ||
publication, notice, or response regarding its preauthorization | ||
requirements, including by failing to comply with any applicable | ||
deadline for the publication, notice, or response, must provide an | ||
expedited appeal under Section 4201.357 for any health care service | ||
affected by the violation. | ||
SECTION 2.03. Section 1301.135(a), Insurance Code, is | ||
amended to read as follows: | ||
(a) An insurer that uses a preauthorization process for | ||
medical care or [ |
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preferred provider, not later than the fifth [ |
||
after the date a request is made, a list of medical care and health | ||
care services that require preauthorization and information | ||
concerning the preauthorization process. | ||
SECTION 2.04. Subchapter C-1, Chapter 1301, Insurance Code, | ||
is amended by adding Sections 1301.1351, 1301.1352, and 1301.1353 | ||
to read as follows: | ||
Sec. 1301.1351. POSTING OF PREAUTHORIZATION REQUIREMENTS. | ||
(a) An insurer that uses a preauthorization process for medical | ||
care or health care services shall make the requirements and | ||
information about the preauthorization process readily accessible | ||
to insureds, physicians, health care providers, and the general | ||
public by posting the requirements and information on the insurer's | ||
Internet website. | ||
(b) The preauthorization requirements and information | ||
described by Subsection (a) must: | ||
(1) be posted: | ||
(A) except as provided by Subsection (c) or (d), | ||
conspicuously in a location on the Internet website that does not | ||
require the use of a log-in or other input of personal information | ||
to view the information; and | ||
(B) in a format that is easily searchable and | ||
accessible; | ||
(2) except for the screening criteria under | ||
Subdivision (4)(C), be written in plain language that is easily | ||
understandable by insureds, physicians, health care providers, and | ||
the general public; | ||
(3) include a detailed description of the | ||
preauthorization process and procedure; and | ||
(4) include an accurate and current list of medical | ||
care and health care services for which the insurer requires | ||
preauthorization that includes the following information specific | ||
to each service: | ||
(A) the effective date of the preauthorization | ||
requirement; | ||
(B) a list or description of any supporting | ||
documentation that the insurer requires from the physician or | ||
health care provider ordering or requesting the service to approve | ||
a request for the service; | ||
(C) the applicable screening criteria, which may | ||
include Current Procedural Terminology codes and International | ||
Classification of Diseases codes; and | ||
(D) statistics regarding the insurer's | ||
preauthorization approval and denial rates for the medical care or | ||
health care service in the preceding calendar year, including | ||
statistics in the following categories: | ||
(i) physician or health care provider type | ||
and specialty, if any; | ||
(ii) indication offered; | ||
(iii) reasons for request denial; | ||
(iv) denials overturned on internal appeal; | ||
(v) denials overturned by an independent | ||
review organization; and | ||
(vi) total annual preauthorization | ||
requests, approvals, and denials for the service. | ||
(c) This section may not be construed to require an insurer | ||
to provide specific information that would violate any applicable | ||
copyright law or licensing agreement. To comply with a posting | ||
requirement described by Subsection (b), an insurer may, instead of | ||
making that information publicly available on the insurer's | ||
Internet website, supply a summary of the withheld information | ||
sufficient to allow a licensed physician or other health care | ||
provider, as applicable for the specific service, who has | ||
sufficient training and experience related to the service to | ||
understand the basis for the insurer's medical necessity or | ||
appropriateness determinations. | ||
(d) If a requirement or information described by Subsection | ||
(a) is licensed, proprietary, or copyrighted material that the | ||
insurer has received from a third party with which the insurer has | ||
contracted, to comply with a posting requirement described by | ||
Subsection (b), the insurer may, instead of making that information | ||
publicly available on the insurer's Internet website, provide the | ||
material to a physician or health care provider who submits a | ||
preauthorization request using a nonpublic secured Internet | ||
website link or other protected, nonpublic electronic means. | ||
(e) The provisions of this section may not be waived, | ||
voided, or nullified by contract. | ||
Sec. 1301.1352. CHANGES TO PREAUTHORIZATION REQUIREMENTS. | ||
(a) Except as provided by Subsection (b), not later than the 60th | ||
day before the date a new or amended preauthorization requirement | ||
takes effect, an insurer that uses a preauthorization process for | ||
medical care or health care services shall provide notice of the new | ||
or amended preauthorization requirement and disclose the new or | ||
amended requirement in the insurer's newsletter or network | ||
bulletin, if any, and on the insurer's Internet website. | ||
(b) For a change in a preauthorization requirement or | ||
process that removes a service from the list of medical care or | ||
health care services requiring preauthorization or amends a | ||
preauthorization requirement in a way that is less burdensome to | ||
insureds, physicians, or health care providers, an insurer shall | ||
provide notice of the change in the preauthorization requirement | ||
and disclose the change in the insurer's newsletter or network | ||
bulletin, if any, and on the insurer's Internet website not later | ||
than the fifth day before the date the change takes effect. | ||
(c) Not later than the fifth day before the date a new or | ||
amended preauthorization requirement takes effect, an insurer | ||
shall update its Internet website to disclose the change to the | ||
insurer's preauthorization requirements or process and the date and | ||
time the change is effective. | ||
(d) The provisions of this section may not be waived, | ||
voided, or nullified by contract. | ||
Sec. 1301.1353. REMEDY FOR NONCOMPLIANCE. (a) In addition | ||
to any other penalty or remedy provided by law, an insurer that uses | ||
a preauthorization process for medical care or health care services | ||
that violates this subchapter with respect to a required | ||
publication, notice, or response regarding its preauthorization | ||
requirements, including by failing to comply with any applicable | ||
deadline for the publication, notice, or response, must provide an | ||
expedited appeal under Section 4201.357 for any medical care or | ||
health care service affected by the violation. | ||
(b) The provisions of this section may not be waived, | ||
voided, or nullified by contract. | ||
ARTICLE 3. UTILIZATION, INDEPENDENT, AND PEER REVIEW | ||
SECTION 3.01. Section 4201.002(12), Insurance Code, is | ||
amended to read as follows: | ||
(12) "Provider of record" means the physician or other | ||
health care provider with primary responsibility for the health | ||
care[ |
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of an enrollee or the physician or other health care provider that | ||
has provided or has been requested to provide the health care | ||
services to the enrollee. The term includes a health care facility | ||
where the health care services are [ |
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inpatient or outpatient basis. | ||
SECTION 3.02. Sections 4201.151 and 4201.152, Insurance | ||
Code, are amended to read as follows: | ||
Sec. 4201.151. UTILIZATION REVIEW PLAN. A utilization | ||
review agent's utilization review plan, including reconsideration | ||
and appeal requirements, must be reviewed by a physician licensed | ||
to practice medicine in this state and conducted in accordance with | ||
standards developed with input from appropriate health care | ||
providers and approved by a physician licensed to practice medicine | ||
in this state. | ||
Sec. 4201.152. UTILIZATION REVIEW UNDER [ |
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PHYSICIAN. A utilization review agent shall conduct utilization | ||
review under the direction of a physician licensed to practice | ||
medicine in this [ |
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SECTION 3.03. Sections 4201.155, 4201.206, and 4201.251, | ||
Insurance Code, are amended to read as follows: | ||
Sec. 4201.155. LIMITATION ON NOTICE REQUIREMENTS AND REVIEW | ||
PROCEDURES. (a) A utilization review agent may not establish or | ||
impose a notice requirement or other review procedure that is | ||
contrary to the requirements of the health insurance policy or | ||
health benefit plan. | ||
(b) This section may not be construed to release a health | ||
insurance policy or health benefit plan from full compliance with | ||
this chapter or other applicable law. | ||
Sec. 4201.206. OPPORTUNITY TO DISCUSS TREATMENT BEFORE | ||
ADVERSE DETERMINATION. (a) Subject to Subsection (b) and the | ||
notice requirements of Subchapter G, before an adverse | ||
determination is issued by a utilization review agent who questions | ||
the medical necessity, the [ |
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experimental or investigational nature[ |
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the agent shall provide the health care provider who ordered, | ||
requested, provided, or is to provide the service a reasonable | ||
opportunity to discuss with a physician licensed to practice | ||
medicine the patient's treatment plan and the clinical basis for | ||
the agent's determination. | ||
(b) If the health care service described by Subsection (a) | ||
was ordered, requested, or provided, or is to be provided by a | ||
physician, the opportunity described by that subsection must be | ||
with a physician licensed to practice medicine. | ||
Sec. 4201.251. DELEGATION OF UTILIZATION REVIEW. A | ||
utilization review agent may delegate utilization review to | ||
qualified personnel in the hospital or other health care facility | ||
in which the health care services to be reviewed were or are to be | ||
provided. The delegation does not release the agent from the full | ||
responsibility for compliance with this chapter or other applicable | ||
law, including the conduct of those to whom utilization review has | ||
been delegated. | ||
SECTION 3.04. Sections 4201.252(a) and (b), Insurance Code, | ||
are amended to read as follows: | ||
(a) Personnel employed by or under contract with a | ||
utilization review agent to perform utilization review must be | ||
appropriately trained and qualified and meet the requirements of | ||
this chapter and other applicable law, including applicable | ||
licensing requirements. | ||
(b) Personnel, other than a physician licensed to practice | ||
medicine, who obtain oral or written information directly from a | ||
patient's physician or other health care provider regarding the | ||
patient's specific medical condition, diagnosis, or treatment | ||
options or protocols must be a nurse, physician assistant, or other | ||
health care provider qualified to provide the requested service. | ||
SECTION 3.05. Section 4201.356, Insurance Code, is amended | ||
to read as follows: | ||
Sec. 4201.356. DECISION BY PHYSICIAN REQUIRED; SPECIALTY | ||
REVIEW. (a) The procedures for appealing an adverse determination | ||
must provide that a physician licensed to practice medicine makes | ||
the decision on the appeal, except as provided by Subsection (b). | ||
(b) If not later than the 10th working day after the date an | ||
appeal is requested or denied the enrollee's health care provider | ||
requests [ |
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type of specialty provider review the case, a health care provider | ||
who is of the same or a similar specialty as the health care | ||
provider who would typically manage the medical or dental | ||
condition, procedure, or treatment under consideration for review | ||
shall review the denial or the decision denying the appeal. The | ||
specialty review must be completed within 15 working days of the | ||
date the health care provider's request for specialty review is | ||
received. | ||
SECTION 3.06. Section 4201.357(a), Insurance Code, is | ||
amended to read as follows: | ||
(a) The procedures for appealing an adverse determination | ||
must include, in addition to the written appeal, a procedure for an | ||
expedited appeal of a denial of emergency care, [ |
||
continued hospitalization, or a denial of another service if the | ||
requesting health care provider includes a written statement with | ||
supporting documentation that the service is necessary to treat a | ||
life-threatening condition or prevent serious harm to the patient. | ||
That procedure must include a review by a health care provider who: | ||
(1) has not previously reviewed the case; and | ||
(2) is of the same or a similar specialty as the health | ||
care provider who would typically manage the medical or dental | ||
condition, procedure, or treatment under review in the appeal. | ||
SECTION 3.07. Sections 4201.453 and 4201.454, Insurance | ||
Code, are amended to read as follows: | ||
Sec. 4201.453. UTILIZATION REVIEW PLAN. A specialty | ||
utilization review agent's utilization review plan, including | ||
reconsideration and appeal requirements, must be: | ||
(1) reviewed by a health care provider of the | ||
appropriate specialty who is licensed or otherwise authorized to | ||
provide the specialty health care service in this state; and | ||
(2) conducted in accordance with standards developed | ||
with input from a health care provider of the appropriate specialty | ||
who is licensed or otherwise authorized to provide the specialty | ||
health care service in this state. | ||
Sec. 4201.454. UTILIZATION REVIEW UNDER DIRECTION OF | ||
PROVIDER OF SAME SPECIALTY. A specialty utilization review agent | ||
shall conduct utilization review under the direction of a health | ||
care provider who is of the same specialty as the agent and who is | ||
licensed or otherwise authorized to provide the specialty health | ||
care service in this [ |
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SECTION 3.08. Section 4201.455(a), Insurance Code, is | ||
amended to read as follows: | ||
(a) Personnel who are employed by or under contract with a | ||
specialty utilization review agent to perform utilization review | ||
must be appropriately trained and qualified and meet the | ||
requirements of this chapter and other applicable law of this | ||
state, including applicable licensing laws. | ||
SECTION 3.09. Section 4201.456, Insurance Code, is amended | ||
to read as follows: | ||
Sec. 4201.456. OPPORTUNITY TO DISCUSS TREATMENT BEFORE | ||
ADVERSE DETERMINATION. Subject to the notice requirements of | ||
Subchapter G, before an adverse determination is issued by a | ||
specialty utilization review agent who questions the medical | ||
necessity, the [ |
||
investigational nature[ |
||
provide the health care provider who ordered, requested, or is to | ||
provide the service a reasonable opportunity to discuss the | ||
patient's treatment plan and the clinical basis for the agent's | ||
determination with a health care provider who is of the same | ||
specialty as the agent. | ||
SECTION 3.10. Section 408.0043, Labor Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) Notwithstanding Subsection (b), if a health care | ||
service is requested, ordered, provided, or to be provided by a | ||
physician, a person described by Subsection (a)(1), (2), or (3) who | ||
reviews the service with respect to a specific workers' | ||
compensation case must be of the same or a similar specialty as that | ||
physician. | ||
SECTION 3.11. Section 1305.351(d), Insurance Code, is | ||
amended to read as follows: | ||
(d) A [ |
||
review agent or an insurance carrier that uses doctors to perform | ||
reviews of health care services provided under this chapter, | ||
including utilization review, or peer reviews under Section | ||
408.0231(g), Labor Code, may only use doctors licensed to practice | ||
in this state. | ||
SECTION 3.12. Section 1305.355(d), Insurance Code, is | ||
amended to read as follows: | ||
(d) The department shall assign the review request to an | ||
independent review organization. An [ |
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perform reviews of health care services under this chapter may only | ||
use doctors licensed to practice in this state. | ||
SECTION 3.13. Section 408.023(h), Labor Code, is amended to | ||
read as follows: | ||
(h) A [ |
||
utilization review agent or an insurance carrier that uses doctors | ||
to perform reviews of health care services provided under this | ||
subtitle, including utilization review, may only use doctors | ||
licensed to practice in this state. | ||
SECTION 3.14. Section 413.031(e-2), Labor Code, is amended | ||
to read as follows: | ||
(e-2) An [ |
||
|
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reviews of health care services provided under this title may only | ||
use doctors licensed to practice in this state. | ||
ARTICLE 4. JOINT INTERIM STUDY | ||
SECTION 4.01. CREATION OF JOINT INTERIM COMMITTEE. (a) A | ||
joint interim committee is created to study, review, and report on | ||
the use of prior authorization and utilization review processes by | ||
private health benefit plan issuers in this state, as provided by | ||
Section 4.02 of this article, and propose reforms under that | ||
section related to the transparency of and improving patient | ||
outcomes under the prior authorization and utilization review | ||
processes used by private health benefit plan issuers in this | ||
state. | ||
(b) The joint interim committee shall be composed of four | ||
senators appointed by the lieutenant governor and four members of | ||
the house of representatives appointed by the speaker of the house | ||
of representatives. | ||
(c) The lieutenant governor and speaker of the house of | ||
representatives shall each designate a co-chair from among the | ||
joint interim committee members. | ||
(d) The joint interim committee shall convene at the joint | ||
call of the co-chairs. | ||
(e) The joint interim committee has all other powers and | ||
duties provided to a special or select committee by the rules of the | ||
senate and house of representatives, by Subchapter B, Chapter 301, | ||
Government Code, and by policies of the senate and house committees | ||
on administration. | ||
SECTION 4.02. INTERIM STUDY REGARDING PRIOR AUTHORIZATION | ||
AND UTILIZATION REVIEW PROCESSES. (a) The joint interim committee | ||
created by Section 4.01 of this article shall study data and other | ||
information available from the Texas Department of Insurance, the | ||
office of public insurance counsel, or other sources the committee | ||
determines relevant to examine and analyze the transparency of and | ||
improving patient outcomes under the prior authorization and | ||
utilization review processes used by private health benefit plan | ||
issuers in this state. | ||
(b) The joint interim committee shall propose reforms based | ||
on the study required under Subsection (a) of this section to | ||
improve the transparency of and patient outcomes under prior | ||
authorization and utilization review processes in this state. | ||
(c) The joint interim committee shall prepare a report of | ||
the findings and proposed reforms. | ||
SECTION 4.03. COMMITTEE FINDINGS AND PROPOSED REFORMS. | ||
(a) Not later than December 1, 2020, the joint interim committee | ||
created under Section 4.01 of this article shall submit to the | ||
lieutenant governor, the speaker of the house of representatives, | ||
and the governor the report prepared under Section 4.02 of this | ||
article. The joint interim committee shall include in its report | ||
recommendations of specific statutory and regulatory changes that | ||
appear necessary from the committee's study under Section 4.02 of | ||
this article. | ||
(b) Not later than the 60th day after the effective date of | ||
this Act, the lieutenant governor and speaker of the house of | ||
representatives shall appoint the members of the joint interim | ||
committee in accordance with Section 4.01 of this article. | ||
SECTION 4.04. ABOLITION OF COMMITTEE. The joint interim | ||
committee created under Section 4.01 of this article is abolished | ||
and this article expires December 15, 2020. | ||
ARTICLE 5. TRANSITIONS; EFFECTIVE DATE | ||
SECTION 5.01. A health benefit plan issuer shall update the | ||
issuer's website to conform with Subchapter K, Chapter 1451, | ||
Insurance Code, as amended by Article 1 of this Act, not later than | ||
January 1, 2020. | ||
SECTION 5.02. The changes in law made by Article 2 of this | ||
Act apply only to a request for preauthorization of medical care or | ||
health care services made on or after January 1, 2020, under a | ||
health benefit plan delivered, issued for delivery, or renewed on | ||
or after that date. A request for preauthorization of medical care | ||
or health care services made before January 1, 2020, or on or after | ||
January 1, 2020, under a health benefit plan delivered, issued for | ||
delivery, or renewed before that date is governed by the law as it | ||
existed immediately before the effective date of this Act, and that | ||
law is continued in effect for that purpose. | ||
SECTION 5.03. The changes in law made by Article 3 of this | ||
Act apply only to utilization, independent, or peer review | ||
requested on or after the effective date of this Act. Utilization, | ||
independent, or peer review requested before the effective date of | ||
this Act is governed by the law as it existed immediately before the | ||
effective date of this Act, and that law is continued in effect for | ||
that purpose. | ||
SECTION 5.04. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1742 passed the Senate on | ||
April 26, 2019, by the following vote: Yeas 30, Nays 0; | ||
May 20, 2019, Senate refused to concur in House amendments and | ||
requested appointment of Conference Committee; May 22, 2019, House | ||
granted request of the Senate; May 26, 2019, Senate adopted | ||
Conference Committee Report by the following vote: Yeas 31, | ||
Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1742 passed the House, with | ||
amendments, on May 17, 2019, by the following vote: Yeas 117, | ||
Nays 24, three present not voting; May 22, 2019, House granted | ||
request of the Senate for appointment of Conference Committee; | ||
May 26, 2019, House adopted Conference Committee Report by the | ||
following vote: Yeas 104, Nays 37, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |