HBA-EVB C.S.S.B. 982 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 982
By: Madla
Insurance
5/13/1999
Committee Report (Substituted)




BACKGROUND AND PURPOSE 

It is estimated that more than 1.7 million Texans suffer from diabetes.  It
is also estimated that the probable annual cost of diabetes in Texas is $4
billion.  Most forms of diabetes can be managed properly with diet and
exercise or a combination of diet management, exercise, and
glucose-lowering medication.  A component of the 1997 legislation that
requires health benefit plans to provide certain benefits for diabetics is
the mandate that diabetics be provided self-management training.  The law
specifies that diabetes self-management training (training) must be
provided by a health care practitioner or provider who is licensed,
registered, or certified in Texas to provide appropriate health care
services, and that such training includes training provided to a qualified
insured after the initial diagnosis of diabetes in the care and management
of that condition, including nutrition counseling and proper use of
diabetes equipment and supplies.  If training programs are provided only by
diabetic educators certified by the American Association of  Diabetic
Educators, there may be too few educators in relation to the number of
diabetics that need training.  The result could be reduced access to
training and increased costs. 

C.S.S.B. 982 sets forth that a licensed, registered, or certified health
care practitioner or provider who provides training must do so acting
within the scope of practice authorized by the practitioner's or provider's
license, registration, or certification.  Those practitioners and providers
include a licensed dietitian, a licensed pharmacist, a licensed physician,
a licensed physician assistant, a licensed registered nurse, and a diabetes
educator who is certified by the National Certification Board for Diabetes
Educators, among others. 

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.  Sets forth legislative intent.

SECTION 2.  Amends Section 1, Article 21.53G, Insurance Code, by adding
Subdivision (5) to define "nutrition counseling." 

SECTION 3.  Amends Section 4, Article 21.53G, Insurance Code, as follows:

Section 4.  DIABETES SELF-MANAGEMENT TRAINING.  (a) Sets forth that a
licensed, registered, or certified health care practitioner or provider who
provides diabetes selfmanagement training (training) must do so acting
within the scope of  practice authorized by the practitioner's or
provider's  license, registration, or certification.  Provides that
selfmanagement training includes nutrition, rather than nutritional,
counseling. 

(b)  Provides that coverage for training provided by a health benefit plan
under this article to a qualified insured must include coverage for the
following, if provided on the written order of a physician or health care
practitioner, including the written order of a health care practitioner
practicing under protocols jointly developed with a physician: 
 
(1)  a program recognized by the American Diabetes Association;

(2)  training given by a multidisciplinary team:

(A)  the non-physician members of which are coordinated by a diabetes
educator who is certified by the National Certification Board for Diabetes
Educators; or a person who has completed at least 24 hours of continuing
education that meets guidelines established by the Texas Board of Health
and that includes a combination of diabetes-related educational principles
and behavioral strategies;  

(B)  that consists of at least a licensed dietitian and a registered nurse
and is authorized to include a pharmacist and a social worker; and 

(C)  each member of which, other than the social worker, has recent
didactic and experiential preparation in diabetes clinical and educational
issues as determined by the member's licensing agency, in consultation with
the commissioner of public health (commissioner), unless the member's
licensing agency, in consultation with the commissioner, determines that
the core educational preparation for the member's license includes the
skills the member needs to provide diabetes selfmanagement; 

(3)  training provided by a diabetes educator certified by the National
Certification Board for Diabetes Educators; or 

(4)  training in which one or more of the following components are
provided:   

(A)  the nutritional counseling component provided by a licensed dietitian,
for which the licensed dietitian is required to be paid;  

(B)  the pharmaceutical component provided by a pharmacist, for which the
pharmacist is required to be paid;  

(C)  any component of the training provided by a physician assistant or
registered nurse, for which the physician assistant or registered nurse is
required to be paid, except that the physician assistant or registered
nurse is prohibited from being paid for providing a nutrition counseling or
pharmaceutical component unless a licensed dietician or pharmacist is
unavailable to provide that component; or 

(D)  any component of the training provided by a physician.

(c) Prohibits a person from providing a component of training under
Subsection (b)(4) unless the subject matter of the component is within the
scope of the person's practice. 

SECTION 4.Effective date: September 1, 1999.
Makes application of this Act prospective to a health benefit plan that is
delivered, issued for delivery, or renewed on or after January 1, 2000. 

SECTION 5.Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original by reorganizing text for the
purpose of clarification. 

The substitute differs from the original by adding a new SECTION 1 that
sets forth legislative intent. The substitute differs from the original by
redesignating SECTION 1 of the original as SECTION 3 of the substitute. 

The substitute differs from the original by adding a new SECTION 2 that
defines "nutrition  counseling."  This subject was discussed in SECTION 1
(proposed Section (4)(c), Article 21.53G, Insurance Code) of the original. 

The substitute differs from the original in SECTION 3 (Section 4(a),
Article 21.53G, Insurance Code) of the substitute by making nonsubstantive
changes. 

The substitute differs from the original in SECTION 3 (Section 4(b),
Article 21.53G, Insurance Code) of the substitute, by providing that
coverage for diabetes self-management training (training) provided by a
health benefit plan under this article to a qualified insured must include
coverage for certain training and training programs, if provided on the
written order of a physician or health care practitioner, including the
written order of a health care practitioner practicing under protocols
jointly developed with a physician.  The original bill requires a health
benefit plan to provide training or coverage for training for which a
physician or practitioner has written an order to each insured or the
caretaker of the insured from certain training and training programs or
personnel. 

The substitute also differs from the original in Section 4(b) by including
a person who has completed at least 24 hours of continuing education that
meets the guidelines established by the Texas Board of Health, rather than
approved continuing education, and a licensed dietitian and a registered
nurse, rather than a dietitian and a nurse educator who collaborate
routinely, as members of a multidisciplinary team.   

The substitute differs from the original in Section 4(b) further by
providing that each member of a multidisciplinary team, other than a social
worker, has recent didactic and experiential preparation in diabetes
clinical and educational issues as determined by the member's licensing
agency, in consultation with the commissioner of public health
(commissioner), unless the member's licensing agency, in consultation with
the commissioner, determines that the core educational preparation for the
member's license includes the skills the member needs to provide training.
The original bill required each member to have recent didactic and
experiential preparation in diabetes clinical and educational issues. 

The substitute also differs from the original in Subsection (b)(4), by
including training in which one or more of the following components are
provided: 

(A)  the nutrition counseling component provided by a licensed dietitian,
for which the licensed dietitian is required to be paid, rather than a
licensed dietitian, who may provide any nutritional counseling component; 

(B)  the pharmaceutical component provided by a pharmacist, for which the
pharmacist is required to be paid, rather than a pharmacist, who may
provide any pharmaceutical component; 

(C)  any component of the training provided by a physician assistant or
registered nurse, for which the physician assistant or registered nurse is
required to be paid, except that the physician assistant or registered
nurse is prohibited from being paid for providing a nutrition counseling or
pharmaceutical component unless a licensed dietician or pharmacist is
unavailable to provide that component; rather than a physician, a physician
assistant, a registered nurse, or an advanced practice nurse, who may
provide any other component of the training, or 

(D)  any component of the training provided by a physician.

The substitute differs from the original in SECTION 3 (Section 4,  Article
21.53G, Insurance Code) of the substitute, by adding a new Subsection (c),
to prohibit a person from providing a component of training under
Subsection (b)(4) unless the subject matter of the component is within the
scope of the person's practice. 

Also in SECTION 3, the substitute differs from SECTION 1 of the original by
deleting proposed Section 4(d), Article 21.53G, Insurance Code, thus
removing rulemaking authority delegated to the appropriate licensing board
of practitioners or providers authorized to provide training.  Proposed
Section 4(d) required the appropriate licensing board of practitioners or
providers authorized to provide training, in consultation with the Texas
Diabetes Council, by rule, to determine the recent didactic and
experiential preparation in diabetes clinical and educational issues to
qualify licensees of the board to provide the training, and, by rule, to
determine and define the component or components of training. 

The substitute differs from the original by redesignating SECTION 2 of the
original (effective date and prospective clause) as SECTION 4 of the
substitute. 

The substitute differs from the original by redesignating SECTION 3
(emergency clause) of the original as SECTION 5 of the substitute.