HBA-NLM, BTC H.B. 610 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 610
By: Janek
Insurance
2/11/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, Health Maintenance Organizations (HMO)  are not required to
compensate physicians for services within a specified period of time. H.B.
610 requires prompt payment to physicians and providers for services
performed. This bill sets further payment schedules for physicians and
provides penalties for late payments. 

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 The Texas Health Maintenance Organization Act (Chapter
20A, Vernon's Texas Insurance Code), by adding Section 18B, as follows: 

Sec. 18B.  PROMPT PAYMENT OF PHYSICIAN AND PROVIDERS.  (a)  Requires that,
no later than the second day after the date that a health maintenance
organization (HMO) receives an invoice from a physician or provider for
medical care or health care services under a health care plan, the health
maintenance organization acknowledge receipt of the invoice in writing.   

(b)  Requires that, no later than the 15th day after the date that the HMO
an invoice from a physician or provider, the HMO request from the physician
or provider any information, statement, or form that the HMO reasonably
believes will be required to permit payment of the invoice.  Authorizes the
HMO to request additional information at a later time if necessary to
process the invoice.   

(c)  Requires that, no later than the 60th day after the date that the HMO
receives an invoice from a physician or provider, the HMO pay the total
amount of the invoice, pay a portion of the invoice and notify the
physician or provider in writing why the remaining portion of the invoice
will not be paid, or notify the physician or provider in writing why the
invoice will not be paid. 

(d)  Provides that an HMO that violates Subsection (c) of this section is
liable to a physician or provider, in addition to the amount owed by the
HMO for the care or services provided, which accrues at the rate of 10
percent a year beginning on the date that the HMO receives an invoice from
a physician or provider and ending on the date the invoice is paid. 

(e)  Authorizes a physician or provider to recover reasonable attorney's
fees in an action to recover payment of an invoice subject to this section
or to recover interest under Subsection (d) of this section. 

(f)  Provides that in addition to any other penalty or remedy authorized by
the Insurance Code or another insurance law of this state, an HMO that
violates Subsection (c) of this section is subject to an administrative
penalty under Article 1.10E, Insurance Code.  Prohibits the administrative
penalty imposed under that article from exceeding $1,000 for each day the
invoice remains unpaid in violation of Subsection (c) of this section. 

(g)  Provides that this section does not apply to a capitation payment
required to be made to a physician or provider under an agreement to
provide medical care or health care services under a health care plan. 

SECTION 2.  Amends Article 3.70-3C, Insurance Code, as added by Chapter
1024, Acts of the 75th Legislature, Regular Session, 1997, by adding
Section 3A, as follows: 

Sec.  3A.  PROMPT PAYMENT OF PREFERRED PROVIDERS.  (a)  Requires the
insurer, not later than the second day after the date that an insurer
receives an invoice from a preferred provider for medical care or health
care provided to an insured covered by a health insurance policy, to
acknowledge receipt of the invoice in writing. 

(b)  Requires the insurer, not later than the 15th day after the date that
the insurer receives an invoice from a preferred provider, to request from
the preferred provider any information, statement, or form that the insurer
reasonably believes will be required to permit payment of the invoice.
Authorizes the insurer to request additional information at a later time if
necessary to process the invoice. 

(c)  Requires the insurer, not later than the 60th day after the date that
the insurer receives an invoice from a preferred provider, to pay the total
amount of the invoice, pay a portion of the invoice and notify the
preferred provider in writing why the remaining portion of the invoice will
not be paid, or notify the preferred provider in writing why the invoice
will not be paid. 

(d)  Provides that an insurer who violates Subsection (c) of this section
is liable to a preferred provider, in addition to the amount owed by the
insurer for the care provided, for interest on that amount which accrues at
the rate of 10 percent a year beginning on the date the that the insurer
receives an invoice from a preferred provider and ending on the date the
invoice is paid. 

(e)  Provides that a preferred provider may recover reasonable attorney's
fees in an action to recover payment of an invoice subject to this section
or to recover interest under Subsection (d) of this section. 

(f)  Provides that in addition to any other penalty or remedy authorized by
this code or another insurance law of this state, an insurer that violates
Subsection (c) of this section is subject to an administrative penalty
under Article 1.10E of this code.  Provides that the administrative penalty
imposed under that article may not exceed $1,000 for each day the invoice
remains unpaid in violation of Subsection (c) of this section. 

SECTION 3.  Amends Section 5(c), Article 21.55, Insurance Code, by adding
language that this article does not apply to an invoice governed by Section
3A, Article 3.70-3C. of this code. 

SECTION 4.  Effective date:  September 1, 1999.

SECTION 5.  Emergency clause.