HBA-TYH, ATS H.B. 1764 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1764
By: Farabee
Insurance
7/21/1999
Enrolled



BACKGROUND AND PURPOSE 

On October 21, 1998, President Clinton signed the Women's Health and Cancer
Rights Act of 1998 (Act) into law as part of the Omnibus Appropriations Act
of 1998.  The federal legislation governed most group health plans and
health maintenance organizations provided by private and governmental
employers.  The Act required that if an eligible participant or beneficiary
elects breast reconstruction in connection with a mastectomy, coverage must
be provided for: reconstruction of the breast on which mastectomy has been
performed, surgery on and reconstruction of the other breast to produce a
symmetrical appearance, prostheses, and treatment of physical
complications, including lymphedemas, at all stages of mastectomy.
Additionally, the law required notice to be provided to each enrollee
regarding the coverage.  

H.B. 1764 amends Article 21.53D, Insurance Code, and redesignates it as
Article 21.53I, to comply with these federal mandates.  In addition, this
bill prohibits a health benefit plan from conditioning, limiting, or
denying the eligibility of an enrollee to enroll in the health benefit plan
or to renew coverage under the terms of the plan solely to avoid the
coverage requirements, and from reducing or limiting the reimbursement or
payment of, or otherwise penalizing, an attending physician or provider or
providing financial incentives or other benefits to an attending physician
or provider to induce the attending physician or provider to provide care
to an enrollee not permitted under Article 21.53I.  This bill also adds a
reciprocal exchange insurance company to the types of organizations which
offer individual or group evidence of coverage subject to the requirements
of redesignated Article 21.53I, Insurance Code. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority previously delegated to the commissioner of insurance is modified
in SECTION 1 (Article 21.53I, Insurance Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 21.53D, Insurance Code, as added by Chapter 84,
Acts of the 75th Legislature, Regular Session, 1997, by redesignating it as
Article 21.53I and amending it, as follows: 
Art.  21.53I.  COVERAGE FOR RECONSTRUCTIVE SURGERY AFTER MASTECTOMY

Sec. 1.  DEFINITIONS.  Adds the definition of "enrollee."

Sec. 2.  SCOPE OF ARTICLE.  (a) Includes a similar coverage document
offered by an enumerated list of organizations among the types of documents
that evidence coverage provided under a health benefit plan to which only
Article 21.53I applies.  Adds a reciprocal exchange operating under Chapter
19 (Reciprocal Exchanges) to the types of organizations that offer
individual or group evidence of coverage subject to the requirements of
Article 21.53I.  Makes nonsubstantive and conforming changes. 

(b) Sets forth that a plan that provides coverage only for a specific
disease or other limited benefit except for cancer is not governed by this
article.  Sets forth that a plan that provides coverage only for wages or
payments in lieu of wages for a period during which  an employee is absent
from work because of sickness or injury is not governed by this article.
Sets forth that a plan that provides coverage only for indemnity for
hospital confinement, rather than indemnity coverage only, is not governed
by this article.  Sets forth that a plan that provides coverage only for
credit insurance is not governed by this article.  Sets forth that a plan
that provides coverage only for hospital expenses, rather than for
specified accident, hospital indemnity, or other limited benefits health
insurance policies, is not governed by this article.  Removes small
employer plans written under Chapter 26 (Health Insurance Availability)
from the types of plans not governed by this article.  Makes conforming and
nonsubstantive changes. 

Sec. 3.  COVERAGE REQUIRED.  (a) Provides that a health benefit plan that
provides coverage for mastectomy must provide coverage for reconstruction
of the breast on which the mastectomy has been performed, surgery and
reconstruction of the other breast to achieve a symmetrical appearance, and
prostheses and treatment of physical complications, including lymphedemas,
at all stages of mastectomy.  

(b) Requires the coverage described in this section to be provided in the
manner determined to be appropriate in consultation with the attending
physician and the enrollee. 

(c) Authorizes the coverage described in this section to be subject to
deductibles, copayments, and coinsurance provisions that are consistent
with deductibles, copayments, and coinsurance required for analogous
benefits under the health benefit plan. 

(d) Prohibits the benefits required by this subchapter from being subject
to dollar limitations other than the health benefit plan's lifetime maximum
benefits.  Deletes the provision authorizing the coverage to be subject to
the same deductible or copayment applicable to mastectomy. 

Sec. 4.  New title:  PROHIBITIONS.  (a) Prohibits a health benefit plan
from conditioning, limiting, or denying the eligibility of an enrollee to
enroll in the health benefit plan or to renew coverage under the terms of
the plan solely for the purpose of avoiding the requirements of this
article.  Prohibits a health benefit plan from reducing or limiting the
reimbursement or payment of, or otherwise penalizing, an attending
physician or provider or providing financial incentives or other benefits
to an attending physician or provider to induce the attending physician or
provider to provide care to an enrollee in a manner inconsistent with this
article. 

(b) Adds this subsection to prohibit the construction of this section to
prevent a health benefit plan from negotiating with a physician or provider
the level and type of reimbursement that physician or provider will receive
for care provided in accordance with this article. 

Sec. 5.  NOTICE.  Adds this section to require a health benefit plan that
provides coverage under this article to give notice of the availability of
that coverage to each enrollee in accordance with rules adopted by the
commissioner of insurance (commissioner). 

Sec. 6.  SEVERABILITY.  Severability clause.

Sec. 7.  RULES.  Authorizes the commissioner to adopt rules to implement
this article and to meet the minimum requirements of federal law. 

SECTION 2.  Provides that this Act applies to a health benefit plan in
effect on the effective date of this Act or that is delivered, or issued
for delivery, on or after the effective date of this Act. 

SECTION 3. Emergency clause.
  Effective date: upon passage.