HBA-ATS C.S.H.B. 1919 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1919
By: Gallego
Insurance
4/25/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Health insurance mandates require insurers and managed care plans to
provide specific benefits, treatments, and services to individuals who
participate in their health care plans.  Although mandates provide more
comprehensive care by specifying the type of care that must be provided,
there are risks associated with mandating certain health benefits.  One
concern is that mandated health benefits may require services that are not
essential to maintain good health.  Another concern is that they may
increase health costs, including insurance premiums, because insurers will
have to raise prices to offset expenditures for meeting mandated
provisions.  Consumers faced with higher insurance premiums may decline
coverage completely or seek alternatives.  In addition, increased costs may
make it difficult for small firms to provide insurance packages to their
employees. 

C.S.H.B. 1919 requires the lieutenant governor and the speaker of the house
of representatives to appoint a joint interim committee to study health
care benefits mandated by law to be provided by health benefit plans.  The
committee's tasks are to: determine, among other things, the extent that
mandated health care benefits, increase or have increased premiums and
their effect on the affordability of insurance, and whether existing
mandates should be retained, revised, or eliminated; develop
recommendations regarding methods that would allow the legislature to
assess the costs and benefits of proposed mandated benefits; and address
any other issues related to health care benefits. The Texas Department of
Insurance is required to assist the committee in conducting the required
study.  The committee must submit a report and recommendations, each of
which must be prepared by January 1, 2001, to the legislature.  This bill
establishes June 1, 2001, as the date on which the committee is abolished. 

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.  JOINT INTERIM COMMITTEE ON HEALTH BENEFIT MANDATES.  (a)
Requires the lieutenant governor and the speaker of the house of
representatives to appoint a joint interim committee to study health care
benefits mandated by law to be provided by health benefit plans. 

(b) Requires the committee to determine, among other things, the extent
that mandated health care benefits, increase or have increased premiums and
their effect on the affordability of insurance, and whether existing
mandates should be retained, revised, or eliminated, to develop
recommendations regarding methods that would allow the legislature to
assess the costs and benefits of proposed mandated benefits, and to address
any other issues related to health care benefits. 

(c) Requires the Texas Department of Insurance to assist the committee in
conducting the required study. 

(d) Requires the committee to submit  a report and recommendations to the
legislature. 

 (e) Requires the preparation of each to be completed by January 1, 2001.
Establishes June 1, 2001, as the date on which the committee is abolished. 

SECTION 2.Emergency clause.
  Effective date: 90 days after adjournment.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1919 modifies the original bill in the caption by providing that
this Act relates to legislative review of health care benefits that are
mandated to be provided by health benefit plans, rather than providing that
this Act relates to a review and moratorium on requirements that health
care benefits be provided under certain health benefit plans. 

C.S.H.B. 1919 modifies the original bill by replacing the entire text of
the bill. 

Proposed ARTICLE 1 of the original would have required the Texas Health
Care Information Council to provide a written analysis of a proposed
mandate if requested to do so by certain members of the legislature or
certain legislative agencies. 

Proposed ARTICLE 2 would have created the Health Benefit Mandate Review
Board (board) to analyze existing mandates and required the board to
recommend to the legislature whether existing mandates should be retained,
revised, or eliminated. 

Under the substitute, SECTION 1 requires the lieutenant governor and the
speaker of the house of representatives to appoint a joint interim
committee to study health care benefits mandated by law to be provided by
health benefit plans.  The committee is required to: determine, among other
things, the extent that mandated health care benefits, increase or have
increased premiums and their effect on the affordability of insurance, and
whether existing mandates should be retained, revised, or eliminated;
develop recommendations regarding methods that would allow the legislature
to assess the costs and benefits of proposed mandated benefits; and address
any other issues related to health care benefits.  The Texas Department of
Insurance is required to assist the committee in conducting the required
study.  The committee then must submit  a report and recommendations
(required to be prepared by January 1, 2001) to the legislature.  The
committee is abolished June 1, 2001.