HBA-ATS H.B. 1212 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1212
By: Averitt
Insurance
3/3/1999
Introduced



BACKGROUND AND PURPOSE 

Chapter 26, Insurance Code, also known as the Health Insurance Portability
and Availability Act (Act), regulates the small and large employer
insurance market in Texas.  The Act applies to health carriers who provide
individual or group health benefit plans covering employees of both small
and large employers.  The Act requires each small employer carrier to
provide small employer health benefit plans without regard to health status
related factors.  A small employer health benefit plan is statutorily
defined as a plan developed by the commissioner of insurance (commissioner)
or any other health benefit plan offered to a small employer in accordance
with Chapter 26.  The plans adopted by the commissioner are the
catastrophic care benefit plan and the basic coverage benefit plan.  These
two plans, which are alternatives for employers who are "priced-out" of the
health insurance market due to the higher costs of plans that contain all
mandated benefits, have significantly fewer mandated benefits than other
plans available in the market.  No similar provisions for alternative
insurance plans developed by the commissioner are available to large
employers. 

H.B. 1212 amends Chapter 26, Insurance Code, by expanding the types of
health benefit plans marketed to large employers.  This bill requires a
large employer carrier to offer the catastrophic care benefit plan and the
basic coverage benefit plan developed, by rule, by the commissioner.  These
plans are not required to contain all the coverage currently offered by the
health benefit plans marketed to large employers, but the commissioner is
required to establish, by rule, the coverage requirements of these two
plans.  Additionally, this bill prohibits a large employer carrier from
issuing these two plans unless they are written in plain language.  The
purpose of the plain language requirement is to help consumers understand
the extent of the benefits offered by these plans.  This bill also
authorizes a health maintenance organization to offer these two plans. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the commissioner of insurance in
SECTION 2 (Articles 26.82A and 26.82C, Insurance Code) and SECTION 3
(Article 26.91, Insurance Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 26.02(16), Insurance Code, to redefine "large
employer health benefit plan." 

SECTION 2.  Amends Subchapter H, Chapter 26, Insurance Code, by adding
Articles 26.82A, 26.82B, 26.82C, and 26.82D, as follows: 

ARTICLE 26.82A.  LARGE EMPLOYER HEALTH BENEFIT PLANS.  (a) Requires a large
employer carrier (large carrier) to offer two health benefit plans as
adopted by rule by the commissioner of insurance (commissioner). Those two
plans are the catastrophic care benefit plan (care plan) and the basic
coverage benefit plan (coverage plan). 

(b) Prohibits a large carrier from offering a rider to these two plans.

(c) Sets forth that these two plans are not subject to a law that requires
coverage or the offer of coverage of a health care service or benefit,
except as expressly provided in  Subchapter H (Large Employer Health
Benefit Plans) or as required by a federal or state law that expressly
refers to these two plans. 

(d) Authorizes a large carrier also to offer to large employers any other
health benefit plan authorized under the Insurance Code, subject to the
provisions of Subchapter H.  Provides that Subsection (c) does not apply to
a health benefit plan offered to a large employer under this subsection. 

ARTICLE 26.82B.  FORMS.  (a)  Requires the commissioner to promulgate the
benefits section of the benefit plan forms in accordance with Article
26.82C.  Requires the commissioner to develop prototype policies or
evidences of coverage for each of these two plans.  Requires a large
carrier, for all other portions of these policy or evidence of coverage
forms, to comply with Article 3.42 (Policy Form Approval) as it relates to
policy form approval and with the Texas Health Maintenance Organization Act
(Chapter 20A, Insurance Code) as it relates to approval of an evidence of
coverage.  Prohibits a large carrier from offering these two plans through
a policy form or evidence of coverage that does not comply with Subchapter
H. 

(b) Prohibits a health carrier from issuing and the commissioner from
approving a health benefit plan certificate or policy unless it is written
in plain language. 

(c) Provides that each provision of a health benefit plan certificate or
policy relating to renewal of coverage, conditions of coverage, or per
occurrence or aggregate dollar limitations on coverage must be lucidly
explained in plain language. 

(d) Prohibits a health carrier from using and the commissioner from
approving a health benefit plan application form unless it is written in
plain language. 

(e) Provides that Subsections (b)-(d) do not apply if the specific language
to be used is mandated by a federal law or state statute or by rules
implementing a federal law. 

(f) Articulates the standard of what constitutes plain language used in a
health benefit plan certificate, policy, or application form. 

(g) Provides that the plain language mandate does not apply to a health
benefit plan group master policy or group subscriber contract or to a
policy application or enrollment form for a health benefit plan group
master policy or group subscriber contract. 

ARTICLE 26.82C.  BENEFIT PLANS.  (a) Requires the commissioner, by rule, to
establish the coverage requirements for a care plan and a coverage plan.
Requires the commissioner to develop prototype policies and evidences of
coverage for use by large carriers that include all contractual provisions
required to produce an entire contract in accordance with this article and
code. 

(b) Sets forth that coverage under a care plan must be designed to provide
necessary coverage in the event of catastrophic illness or injury.
Requires the commissioner to establish deductibles and coinsurance
requirements at levels that permit options for the enrollee to obtain
affordable catastrophic coverage. 

(c) Sets forth that a basic coverage plan must be designed to provide basic
hospital, medical, and surgical coverages.  Provides that benefits under
the plan are limited to basic care requirements for illness and injury. 

(d) Sets forth that the benefit provisions of a benefit plan must include
all required or applicable definitions; a list of any exclusions or
limitations to coverage; a description of covered services required under
the plan; and the deductible and coinsurance options that are required or
permitted under the plan. 


 ARTICLE 26.82D.  HEALTH MAINTENANCE ORGANIZATION PLANS.  (a) Authorizes a
health maintenance organization (HMO) to offer a state-approved health
benefit plan that complies with Subchapter H, the Texas Health Maintenance
Organization Act, Title XIII, Public Health Service Act (42 U.S.C. Section
300e et seq.), and its subsequent amendments, and rules adopted under these
laws; a plan developed by the commissioner under Article 26.82C; or a
point-of-service contract in connection with an insurance carrier that
includes optional coverage for out-of-area services, emergency care, or
out-of-network care. 

(b) Provides that a point-of-service contract offered by an insurance
carrier is subject to all provisions of  Subchapter H unless specifically
exempted.  Provides that an insurance carrier with which a HMO contracts
for a point-of-service contract is not required to otherwise make available
the benefit plans adopted under this subchapter if the insurance carrier's
large employer products are limited to the point-of-service contract. 

SECTION 3.  Amends Article 26.91, Insurance Code, by amending Subsection
(a) and adding Subsection (c), as follows: 

(a) Requires each large carrier to market a large employer health benefit
plan through properly licensed agents to eligible large employers in this
state.  Requires each large employer purchasing a large employer health
benefit plan to be given a summary of the two benefit plans established by
the commissioner under this subchapter.  Requires the commissioner to
prescribe the format of the summary.  Requires an agent to offer and
explain each of the plans to a large employer when requested by the large
employer.  Makes a nonsubstantive conforming change. 

(c) Authorizes the commissioner to adopt rules setting forth additional
standards to provide for the fair marketing and broad availability of a
large employer health benefit plan to large employers in this state. 

SECTION 4.  Requires the commissioner to develop the benefit plans and to
adopt necessary rules by June 1, 2000.  Requires a large carrier to offer
the benefit plans on January 1, 2001.  

SECTION 5.  Effective date: September 1, 1999.

SECTION 6.  Emergency clause.