HBA-NMO C.S.H.B. 1194 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1194
By: Turner, Bob
Insurance
4/5/99
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The 75th Texas Legislature enacted legislation creating the statewide rural
health care system (system).  The system provides  rural communities an
alternative to urban-based Health Maintenance Organizations now operating
in rural Texas.   However, certain changes may be necessary to improve the
implementation of the system.  C.S.H.B. 1194 requires the commissioner of
insurance (commissioner)  to consider certain criteria in designating rural
areas for the purposes of the system. This bill also provides that the
system, if providing services on a prepaid basis, must obtain a certificate
of authority under the Texas Health Maintenance Organization Act, and makes
changes regarding the board of directors of the system and the advisory
committee appointed by the board.  

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 3 (Article 20C.04, Insurance Code) of this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 20C.02, Insurance Code, as follows:

(a) Creates from existing text.  Provides that the rules adopted by the
commissioner of insurance (commissioner) used to designate rural areas are
subject to Subsection (b). 

(b) Requires the commissioner, in designating rural areas under Subsection
(a), to consider any area in which appropriate emergency, acute, specialty,
or primary care services are limited or unavailable and could be made more
accessible through contracting with the statewide rural health care system
(system) or a participating community health network, or any area the
demographics of which indicate a high population of aged, atrisk, or
low-income persons, including persons with serious mental illness or
serious emotional disturbance, whose needs would be better served by
allowing access to care in a contiguous area that is eligible to
participate in the system. 

SECTION 2.  Amends Article 20C.03, Insurance Code, to provide that the
system is established to arrange for or provide health care services,
rather than  health care services on a prepaid basis, to enrollees who
reside in rural areas. 

SECTION 3.  Amends Article 20C.04, Insurance Code, to provide that the
system, if it arranges for or provides health care services to enrollees in
exchange for a predetermined payment per enrollee on a prepaid basis, must
obtain a certificate of authority under, and meet each requirement imposed
by, the Texas Health Maintenance Organization Act (Chapter 20A, Insurance
Code).  Authorizes the commissioner, by rule, if the system seeks a
certificate of authority, to provide exceptions to the application of
provisions of the Texas Health Maintenance Organization Act relating to
mileage, distance, and network adequacy and scope.  Makes conforming
changes. 

SECTION 4.  Amends Article 20C.07(a), Insurance Code, to provide that the
members of the board of the statewide rural health care system (board)
serve staggered six-year terms, with the terms of six members expiring
December 1 of each even-numbered year, rather than February 1 of each odd
numbered year. 
 
SECTION 5.  Amends Article 20C.08(f), Insurance Code, to authorize the
board to appoint an advisory committee to represent health care services,
including representatives of rural, urban, and educational groups and
organizations.  Requires the advisory committee to meet at the will of the
board and advise the board on any matters as directed by the board.
Deletes language referring to the required composition of the advisory
committee. 

SECTION 6.  Amends Article 20C.14, Insurance Code, as follows:

Sec. 20C.14.  New Title: MANDATED PROVIDER.  Removes the exception to the
provision requiring the state to award to the system at least one of any
state managed care contracts awarded to provide health care services to
beneficiaries of the Medical Assistance Program under Chapter 32, Human
Resources Code, in rural areas within the territorial jurisdiction of the
participating providers.  Conditions the requirement that the system be
reimbursed by the Medicaid contracting agency at the state-defined
capitation rate on the extent to which the system operates under a
certificate of authority.  Makes conforming changes. 

SECTION 7.  Effective date: September 1, 1999.  Provides that the term of a
member of the board of directors of the statewide rural health care system
appointed before the effective date of  this Act expires December 1 of the
year before the year the term was to expire under Chapter 20C, Insurance
Code, as that chapter existed before amendment by this Act.  

SECTION 8.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original in SECTION 2 (Article 20C.03,
Insurance Code) by deleting in the provision establishing the statewide
rural health care system (system) the specification that health care
services be arranged or provided for on a prepaid basis. 

The substitute differs from the original in SECTION 3 by creating a new
Subsection be to providing that the system, if it arranges for or provides
health care services to enrollees in exchange for a predetermined payment
per enrollee on a prepaid basis, must obtain a certificate of authority
under, and meet each requirement imposed by, the Texas Health Maintenance
Organization Act (Chapter 20A, Insurance Code).  In new Subsection (c), the
substitute authorizes the commissioner of insurance, by rule, to provide
exceptions to the provisions of the Texas Health Maintenance Organization
Act relating to milage, distance, and network adequacy and scope; rather
than to accommodate the special circumstances surrounding the system and
its participating service areas designated as rural areas, as originally
proposed in Subsection (b).  Makes conforming changes. 

The substitute differs from the original in SECTION 6 by amending Article
20C.14, Insurance Code, as follows: 

Sec. 20C.14.  New Title: MANDATED PROVIDER.  Deletes "exception" in title.
Removes the exception to the provision requiring the state to award to the
system at least one of any state managed care contracts awarded to provide
health care services to beneficiaries of the Medical Assistance Program
under Chapter 32, Human Resources Code, in rural areas within the
territorial jurisdiction of the participating providers.  Conditions the
requirement that the system be reimbursed by the Medicaid contracting
agency at the state-defined capitation rate on the extent to which the
system operates under a certificate of authority.  Makes conforming
changes. Deletes "Exception" from the title. 

SECTIONS 7 and 8 of the substitute are redesignated from the proposed
SECTIONS 6 and 7 in the original.