HBA-TYH C.S.H.B. 1628 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1628
By: Maxey
Insurance
4/26/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Governmental entities (entities) must make competitive bids for health
insurance each year.  In order to have a fair and efficient bid process,
bidders need claims experience data from the entities.  In the past,
entities' current insurers have withheld the needed claims experience and
consequently have hampered the bidding process.  C.S.H.B. 1628 requires
insurers to provide the entities with reports that include claims
experience for the previous year and the dollar amount of each large claim
paid by the insurer in the previous year. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends  Subchapter E, Chapter 21, Insurance Code, by adding
Article 21.49-15, as follows: 

 Art. 21.49-15.  INFORMATION REQUIRED TO BE PROVIDED BY INSURER TO
GOVERNMENTAL ENTITY WITH WHICH INSURER CONTRACTS 
 
Sec. 1.  DEFINITIONS.  Defines "governmental entity," "insurer," and
"political subdivision" for this article. 

Sec. 2.  REQUIRED INFORMATION.  (a)  Requires each insurer that enters into
a contract with a governmental entity (entity) that is subject to
competitive bidding requirements to provide to the entity a detailed report
that includes: 

(1)  the claims experience of the entity during the preceding calendar
year; and 

(2)  the dollar amount of each large claim, as defined by the entity, paid
by the insurer under the contract during the preceding calendar year.  
 
(b)  Provides that claim information provided by an insurer to the entity
under this section: is required to be provided in the aggregate, without
information through which a specific individual covered by the health
insurance or evidence of coverage may be identified; is authorized to be
viewed or used only for contract bidding purposes; and is confidential for
purposes of Chapter 552 (Public Information), Government Code.  

SECTION 2.Makes application of this Act prospective.

SECTION 3.Effective date: September 1, 1999.

SECTION 4.Emergency clause.



 COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original bill in SECTION 1 (proposed Section 2,
Article 21.49-15, Insurance Code) by changing the section title from
"Required Information; Quarterly Report" to "Required Information." 

The substitute modifies the original bill in SECTION 1 (proposed Section 2,
Article 21.49-15(a), Insurance Code) by removing the requirement for the
detailed report to be submitted "in the manner prescribed by the
governmental entity and on a quarterly basis," as proposed in the original
bill. Makes conforming changes. 

The substitute modifies the original bill in SECTION 1 (proposed Section 2,
Article 21.49-15(a)(2), Insurance Code) by requiring the dollar amount,
rather than a description, of each large claim to be included in a detailed
report to the entity. 

The substitute modifies the original bill in SECTION 1 (proposed Section 2,
Article 21.49-15(b), Insurance Code) to provide that claim information
provided by an insurer to the entity under this section is required to be
provided in the aggregate, without information through which a specific
individual covered by the health insurance or evidence of coverage may be
identified, and is authorized to be viewed or used only for contract
bidding purposes, in addition to being confidential for purposes of Chapter
552 (Public Information), Government Code, as proposed by the original
bill.  Makes conforming changes.