Monday, August 24
Committee Resources
The committees have requested written submissions on the following topics. Below are resources related to those topics.
House Committee on Insurance
Charge 1: Monitor the agencies and programs under the Committee's jurisdiction and oversee the implementation of relevant legislation passed by the 86th Legislature. Conduct active oversight of all associated rulemaking and other governmental actions taken to ensure intended legislative outcome of all legislation, including the following:
- HB 259, which prohibits certain practices related to the delivery, issuing of delivery, or renewing of named driver policies. Determine if there are any changes regarding policy affordability or the uninsured motorist population.
- Commissioner’s Bulletin # B-0010-19, Re: FAQ about House Bill 259, 86th Legislature, Regular Session (2019) (named driver policy prohibition), Texas Department of Insurance, September 16, 2019
- HB 1900, which amends the Texas Windstorm Insurance Association (TWIA) operations and funding practices. Review the rulemaking process by the Texas Department of Insurance (TDI) and the adoption of an updated plan of operation by TWIA. Monitor whether the purchase of reinsurance has increased or declined and determine whether this provision of the legislation has had any impact on premium rates. Monitor the appointment and work of the Legislative Funding and Funding Structure Oversight board.
- Changes to How TWIA Provides Insurance, Texas Windstorm Insurance Association
- HB 2536, which requires certain reporting requirements for drug manufacturers, pharmacy benefit managers, and health insurers on certain pharmaceutical practices, including the pricing and availability of insulin. Examine its effect on drug pricing in the market and how to increase transparency in pricing associated with delivery of drugs, such as insulin, to the end user patient.
- Reports and Presentations (Data reports – House Bill 2536: Prescription Drug Cost Transparency: Issuers Excluding Medicaid and CHIP, Issuers Including Medicaid and CHIP, Pharmacy Benefit Managers), Texas Department of Insurance, June 9, 2020
- SB 442, which requires insurers that do not provide flood coverage in their policy to disclose that the policy does not cover flood events. Determine whether consumers are being properly informed of whether they have flood coverage. Examine the development of standardized disclosure forms for all insurance policies in Texas (health, homeowners, and personal auto) to provide more clarity to consumers about what the policy covers and any exclusions.
- SB 1264, which prohibits balance billing (surprise billing) and creates an arbitration system to settle balance bills. Monitor the implementation of the mediation and arbitration programs, including the establishment of a portal on the TDI website through which requests for mediation and arbitration may be submitted. Determine whether the appropriate state agencies are enforcing the prohibition on balance billing. Review the Department's rules implementing the legislation's exception for non-emergency "elective" services to determine whether the rules limit the exception to out-of-network services that a patient has actively elected after receiving a complete written disclosure. Monitor or follow up on TDI's process for selecting the benchmarking database and determine whether the database chosen provides the most accurate available data and its sources are transparent. Evaluate the fiscal impact of the legislation on the Employees Retirement System of Texas and the Teacher Retirement System of Texas. Review costs to the systems and savings to employees and teachers.
- A General Overview of SB 1264 (86th Texas Legislature) and Texas' New Arbitration Process for Certain Out-of-Network Claims, Texas Medical Association, revised June 30, 2020
- Senate Bill 1264: Protecting Consumers from Surprise Medical Bills (Updates, Rules), Texas Department of Insurance
- SB 1852, which requires certain disclosures for insurers that offer short-term limited duration plans. Study whether similar consumer disclosures and other safeguards are needed for non-traditional health coverage products marketed to individuals or small 28 employers in Texas. Identify any gaps that leave consumers without needed information or consumer protections, including network adequacy and protections from surprise medical bills.
- SB 1940, which extends to August 31, 2021, TDI's authority to revise and administer the temporary health insurance risk pool to the extent federal funds are available. Study ways to foster a competitive market and reduce the uninsured rate, including by exploring flexibility available through federal waivers. Study the impact to health care systems if the Affordable Care Act is ruled unconstitutional, including identifying which mandates, consumer protections, and subsidies will be lost and which have equivalents in state law.
- "Opening Briefs Filed in Texas Challenge to ACA" (Blog), Health Affairs, May 16, 2020
- Explaining Texas v. U.S.: A Guide to the Case Challenging the ACA, Kaiser Family Foundation, March 10, 2020
- Potential Impact of Texas v. U.S. Decision on Key Provisions of the Affordable Care Act, Kaiser Family Foundation, January 3, 2020
- Beyond the Coverage Expansions: How the Lawsuit to Overturn the Affordable Care Act Would Further Harm Medicaid and CHIP Coverage of Children, Georgetown University Health Policy Institute, Center for Children and Families, August 2019
- Innovations in Health Care: A Toolkit for State Legislators, National Conference of State Legislatures, July 19, 2019
Charge 2: Study the adequacy of the state’s insurance laws on regulating the introduction of insurtech products into the Texas insurance market. Include in the study the impact of big data, blockchain, internet of things, and artificial intelligence technologies on industry practices such as claims handling, underwriting, and policy writing. Study whether these technologies present challenges for any of the state’s insurance laws, including the state’s antidiscrimination, data privacy, anti-rebate, and licensing laws and regulations. Additionally, examine the pros and cons of adopting a regulatory sandbox and consider sandbox programs that are implemented in other states.
- Financial Technology and Sandbox 2015-2019 Legislation, National Conference of State Legislatures, December 5, 2019
- Interim Report to the 86th Texas Legislature (Charge 4 – Financial Technology: "sandbox"), House Committee on Investments and Financial Services, January 2019
- InsurTech Rising: A Profile of the InsurTech Landscape, Milken Institute, December 2018
- Interim Report to the 86th Texas Legislature (Charge 2 – High-Growth, High-Tech Start Ups: "sandbox"), House Committee on Economic & Small Business Development, November 2018
- InsurTech, Innovation & Technology (Artificial Intelligence, Big Data, Blockchain, Internet of Things), National Association of Insurance Commissioners
Charge 3: Monitor the State Auditor's review of agencies and programs under the Committee's jurisdiction. The Chair shall seek input and periodic briefings on completed audits for the 2019 and 2020 fiscal years and bring forth pertinent issues for full committee consideration.
House Committee on Elections
Charge 1: Monitor the agencies and programs under the Committee's jurisdiction and oversee the implementation of relevant legislation passed by the 86th Legislature. Conduct active oversight of all associated rulemaking and other governmental actions taken to ensure intended legislative outcome of all legislation, including the following:
- HB 933, which requires election information to be posted on the Secretary of State's (SOS) and each county's internet website. Monitor the costs associated with implementing the legislation. Work with the SOS to determine which office elections should be included in the website postings based on costs and popularity of the office.
- Election Advisory No. 2019-19, RE: NEW LAW: Web Posting Requirements for Political Subdivisions – House Bill 305, House Bill 440, Senate Bill 902, House Bill 933, House Bill 1850, and House Bill 2640, Texas Secretary of State, October 4, 2019
- HB 1421, which strengthens the cybersecurity of the state's election infrastructure. Review the program required under the bill to train county election officers in the best practices for identifying and reducing cybersecurity threats.
- Election Advisory No. 2020-04, RE: Election Security Best Practices Guide (HB 1421), Texas Secretary of State, January 23, 2020
- Election Advisory No. 2019-12, RE: House Bill 1421 and Election Security Assessments, Texas Secretary of State, August 5, 2019
- HB 2504, which modifies ballot access requirements for non-major party nominees. Review the provision requiring the SOS to establish rules implementing the fees and petitions.
- Election Advisory No. 2019-13, RE: House Bill 2504 – New Rules for Parties Nominating by Convention Process, Texas Secretary of State, August 31, 2019
- HB 4130, which requires the SOS to develop procedures for adequately certifying electronic poll books. Review the provision requiring the secretary of state to adopt rules mandating real-time updates for electronic poll book use during the early voting period or under the countywide polling place program. Monitor and report on countywide polling. Examine the number and location of polling places, polling booths, and wait times for voting.
- Election Advisory No. 2019-21, RE: Texas Certification Procedures for Electronic Pollbooks, Texas Secretary of State, October 15, 2019
Charge 2: Make recommendations for establishing best practices for conducting an election during a declared disaster. Examine model legislation and statutes from other states pertaining to voting during a declared disaster when polls are inaccessible.
- Election Emergencies (Election Emergency Statutes), National Conference of State Legislatures, April 7, 2020
- "Election Emergencies: Voting in the Wake of Natural Disasters and Terrorist Attacks," 67 Emory Law Journal 545 (2018)
- State Laws & Practices for the Emergency Management of Elections, National Association of Secretaries of State, updated April 2017
- Election Management Resources: Contingency Planning, U.S. Election Assistance Commission
Charge 3: Evaluate election laws with the purpose of strengthening voter integrity and fair elections. Perform an in-depth study of the voter registration processes and explore whether centralizing voter registration would be more effective than today's processes. Consider ways to improve voter list maintenance and study the volunteer deputy registrar process and voter registration procedures in other states. Include in the evaluation a review of the state's curbside voting protocols and identify processes to improve the efficiency, privacy, and security of curbside voting.
- Voter Registration: Recent Developments and Issues for Congress, Congressional Research Service, June 10, 2020
- NASS Report: Maintenance of State Voter Registration Lists: A Review of Relevant Policies and Procedures, National Association of Secretaries of State, updated December 2017
- Texas Volunteer Deputy Registrar Guide, Texas Secretary of State, September 11, 2017
- Statewide Voter Registration Systems, U.S. Election Assistance Commission, August 31, 2017
- Voter Registration, National Conference of State Legislatures
