HBA-DMH H.B. 1562 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1562
By: Thompson
Insurance
8/3/2001
Enrolled



BACKGROUND AND PURPOSE 

Health care fraud and abuse are costing the national health care system
several billion dollars annually. Many losses occur in Medicare and
Medicaid programs, but private sector health benefit programs are also
affected by fraud.  One of the more common methods of health care fraud is
to bill for services not performed or to bill for more expensive services
than were actually provided.  House Bill 1562 sets forth requirements for
the investigation of insurance fraud and the business of insurance. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Workers' Compensation
Commission in SECTION 5 (Section 402.084, Labor Code) of this bill. 

ANALYSIS

House Bill 1562 amends the Insurance Code to authorize the insurance fraud
unit to receive, review, and investigate in a timely manner insurer
antifraud reports. The bill requires the insurance fraud unit to report
annually in writing, making the initial report not later than January 1,
2003, to the commissioner of insurance the number of cases completed and
any recommendations for new regulatory and statutory responses to the types
of fraudulent activities encountered by the insurance fraud unit.   

The bill requires an insurer who collects direct written premiums to adopt
an antifraud plan.  The bill authorizes the insurer to annually file the
antifraud plan with the insurance fraud unit and specifies what the plan
must include. The bill establishes that provisions relating to immunity do
not apply to a claim made against a policy issued by a reinsurer. The bill
requires an insurers to provide a notice of penalty for false or fraudulent
claims on a claim form that is provided to certain claimants. 

The bill sets forth that certain persons are not subject to liability based
on reports or information concerning fraudulent insurance acts if the
reports or information are provided to an individual employed by or acting
on behalf of an insurer to detect and prevent fraudulent insurance acts. 

The bill modifies the list of entities to which a person may give
information and be exempt from liability. The bill prohibits the
information provided by an insurer to the insurance fraud unit or an
authorized governmental agency from being subject to public disclosure, but
authorizes the information to be used by the insurance fraud unit or
governmental agency only for the performance of its duties.  The bill
provides that an insurer must exercise reasonable care concerning the
accuracy of the information conveyed to persons or entities.  The bill
prohibits information provided by an insurer to an insurance fraud unit or
an authorized governmental agency from being subject to public disclosure.
The bill authorizes information to be used by the insurance fraud unit or
governmental agency only for the performance of its duties.  The bill
provides that an insurer must exercise reasonable care concerning the
accuracy of the information conveyed either to the insurance fraud unit, an
authorized governmental agency, other insurers, or other persons or
entities. 

The bill provides that if an insurer participating in the STAR or STAR +
Plus Medicaid program or CHIP  has in place a fraud and abuse plan approved
by a health and human services agency, such a plan meets the requirements
of the bill.  If an insurer is required by law to report possible
fraudulent insurance acts to a health and human services agency and the
office of the attorney general, the bill prohibits an insurer from being
required to report such acts to the insurance fraud unit.  The bill
requires the health and human service agencies, the office of the attorney
general, and the insurance fraud unit to coordinate enforcement efforts
relating to fraudulent insurance acts that occur in relation to the
Medicaid program or CHIP. 

H.B. 1562 amends the Labor Code to authorize the Texas Workers'
Compensation Commission (TWCC) to establish by rule a reasonable fee for
all information requested to control insurance fraud in an electronic data
format by subclaimants or authorized representatives of subclaimants. The
bill requires TWCC to adopt rules for public participation to establish
reasonable security parameters for all transfers of information requested
in electronic data format and to establish requirements regarding the
maintenance of electronic data in the possession of a subclaimant or the
subclaimant's representative.  
Information on a claim relating to a subclaimant may include information,
in an electronic data format, on all workers' compensation claims necessary
to determine if a subclaim exists. The information on a claim remains
subject to confidentiality requirements while in the possession of a
subclaimant or representative.  

H.B. 1562 amends the Occupations Code to specify the activities that
constitute unprofessional conduct by a health care provider, and provides
that, in addition to other provisions of civil or criminal law, such acts
of unprofessional conduct constitute cause for the revocation or suspension
of a provider's license, permit, registration, certificate, or other
authority or other disciplinary action. 

EFFECTIVE DATE

September 1, 2001.