HBA-ATS H.B. 2969 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2969
By: Averitt
Insurance
3/29/1999
Introduced



BACKGROUND AND PURPOSE 

Under existing law, each small and large employer health carrier is
required to certify to the commissioner of insurance, by March 1 of each
year, whether, as of January 1 of that year, it is offering a health
benefit plan subject to Chapter 26 (Health Insurance Availability),
Insurance Code. A carrier who elects to offer such a health benefit plan
after March 1 may delay notifying the commissioner until the following
March.  H.B. 2969 deletes the condition that each health carrier is
required to certify to the commissioner by March 1 of each year whether, as
of January 1 of that year, if it will offer a health benefit plan. 

Under existing law, the small employer certification must list each other
health insurance coverage that the small employer health carrier is
offering, delivering, issuing for delivery, or renewing to or through small
employers in this state, and that is not subject to Chapter 26 because it
is listed as excluded from the definition of a health benefit plan under
Article 26.02, Insurance Code.  This required information has not been
useful in identifying issues that small employers face or abuses in the
small employer market.  H.B. 2969 requires each small or large employer
health carrier to certify, in accordance with rules adopted by the
commissioner, that the carrier is offering, delivering, issuing for
delivery, or renewing, or that the carrier intends to offer, deliver, issue
for delivery, or renew a health benefit plan to or through a small or large
employer plan in this state that is subject to Chapter 26.  In addition,
this bill provides that a carrier must submit a revised certification to
the commissioner only if the carrier changes its status as a small employer
carrier or large employer carrier. 

Under existing law, a small and large employer carrier may elect to
discontinue a particular type of coverage only if the carrier provides
notice to each employer of the discontinuation before the 90th day
preceding the date of the discontinuation of the coverage, among other
requirements.  A carrier does not have to notify the commissioner.
Moreover, the order of the statutory language may lead to the conclusion
that a carrier is not required to notify or offer other coverage it is
offering at the same time it notifies a small or large employer that it is
discontinuing coverage.  H.B. 2969 sets forth that, before the 90th day
preceding the date a carrier discontinues coverage, a small or large
employer health carrier must provide notice of the discontinuation to the
employer and the commissioner. 

Under existing law, a large employer carrier may require a large employer
to meet minimum contribution or participation requirements as a condition
of issuance and renewal.  The participation requirements may determine the
percentage of individuals that must be enrolled in the plan in accordance
with the participation criteria established by the employer.    The law
does not explicitly state whether employers are authorized to require
participation from employees and their dependents. H.B. 2969 authorizes a
large employer carrier to apply minimum participation requirements as a
condition of issuance or renewal to the employer's eligible employees, but
prohibits the large employer carrier to apply those requirements to
eligible dependents. 

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
SECTIONS 1 (Article 26.07, Insurance Code) and 3 (Article 26.82, Insurance
Code) of this bill. 


 SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 26.07, Insurance Code, as follows:

Art. 26.07.  CERTIFICATION.  (a) Requires each health carrier (carrier) to
certify, in accordance with rules adopted by the commissioner of insurance
(commissioner), that the carrier is offering, delivering, issuing for
delivery, or renewing, or that the carrier intends to offer, deliver, issue
for delivery, or renew a health benefit plan to or through a small employer
plan in this state that is subject to this chapter under Article 26.06(a)
(Applicability).  Deletes the condition that each health carrier is
required to certify by March 1 of each year.  Deletes the condition that
each health carrier is required to determine whether, as of January 1 of
that year, it will offer a health benefit plan. 

(b) Provides that a carrier must submit a revised certification to the
commissioner only if the carrier changes its status as a small employer
carrier or changes its intent to become a small employer health carrier to
the extent that its previous certification ceases to be accurate.  Deletes
the requirement that the certification list each other health insurance
coverage that is not subject to this chapter because it is listed as
excluded from the definition of a health benefit plan under Article 26.02
(Definitions).  Makes a conforming change. 

(c) Requires the certification to include a statement that the health
carrier is complying with this chapter to the extent it is applicable to
the carrier.  Makes a conforming change. 

SECTION 2.  Amends Article 26.24(d), Insurance Code, to set forth that a
small employer health carrier that discontinues a particular type of small
employer coverage must provide notice of the discontinuation to the
employer and the commissioner, rather than notice to each employer.
Redesignates existing Subdivision (2) to Paragraph (B) and  existing
Subdivision (3) to Subdivision (2). 

SECTION 3.  Amends Article 26.82, Insurance Code, as follows:

Art. 26.82.  CERTIFICATION.  (a) Requires each carrier to certify, in
accordance with rules adopted by the commissioner, that the carrier is
offering, delivering, issuing for delivery, or renewing, or that the
carrier intends to offer, deliver, issue for delivery, or renew a health
benefit plan to or through a large employer plan in this state that is
subject to this chapter under Article 26.81 (Applicability).  Deletes the
condition that each health carrier is required to certify by March 1 of
each year.  Deletes the condition that each health carrier is required to
determine whether, as of January 1 of that year, it will offer a health
benefit plan. 

(b) Provides that a carrier must submit a revised certification to the
commissioner only if the carrier changes its status as a large employer
carrier or changes its intent to become a small employer health carrier to
the extent that its previous certification ceases to be accurate. 

(c) Requires the certification to include a statement that the health
carrier is complying with this chapter to the extent it is applicable to
the carrier. 

SECTION 4.  Amends Article 26.83(e), Insurance Code, to authorize a large
employer carrier to apply minimum participation requirements as a condition
of issuance or renewal to the employer's eligible employees, but prohibits
the large employer carrier from applying those requirements to eligible
dependents.  Makes a nonsubstantive change. 

SECTION 5.  Amends Article 26.87(d), Insurance Code, to set forth that a
large employer health carrier that discontinues a particular type of large
employer coverage must provide notice of the discontinuation to the
employer and the commissioner, rather than notice to each employer.
Redesignates existing Subdivision (2) to Paragraph (B) and  existing
Subdivision (3) to Subdivision (2). 

 SECTION 6.  (a) Effective date: September 1, 1999.

(b) Requires the commissioner to adopt the rules necessary to implement
this Act by January 1, 2000. 

(c) Requires a small employer health carrier and a large employer health
carrier to provide the certification required by this Act by March 1, 2000. 

SECTION 7.  Emergency clause.