HBA-DMH H.B. 1609 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1609
By: Averitt
Insurance
3/25/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, there is not a system in place to allow an insured or
health care provider acting on behalf of an insured to request information
regarding services, treatment, or supplies that may be rendered to the
insured or by the provider.  This lack of information has resulted in
problems concerning retrospective review and denial of claims.  House Bill
1609 authorizes a health benefit plan enrollee or a provider acting on
behalf of the enrollee to request a scheduled benefit review to determine
whether a service, treatment, or supply being requested is a scheduled
benefit. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated  to the commissioner of insurance in
SECTION 1 (Sections 3 and 5 Article 21.53X, Insurance Code) and SECTION 3
(Section 5, Article 21.58A, Insurance Code) of this bill. 

ANALYSIS

House Bill 1609 amends the Insurance Code to require an issuer of a health
benefit plan (issuer) upon request of the enrollee or a health care
provider acting on behalf of the enrollee, to conduct a scheduled benefit
review (review).  The bill establishes conditions under which a health care
provider is considered to be acting on behalf of an enrollee.  The bill
sets forth notification requirements for the issuer.  The bill requires the
commissioner of insurance (commissioner) to establish by rule the elements
a written notification must contain (Sec. 3 Art. 21.53X). 

The bill authorizes an issuer of a health benefit plan to delegate its
third party administrator or its utilization review agent to perform a
scheduled benefit review.  The bill requires a  utilization review agent
that includes the required elements in the written notification issued
pursuant to existing provisions related to notification of determinations
made by utilization review agents to be deemed to have complied with these
provisions. The bill requires the portion of a written notification issued
by a utilization review agent that constitutes a determination of a
scheduled benefit review to be deemed a written notification (Sec. 4, Art.
21.53X).  The bill authorizes the commissioner to adopt reasonable rules as
necessary to implement these provisions (Sec. 5, Art. 21.53X). 

The bill requires a utilization review agent unless otherwise permitted by
rule to provide written notification of the agents determination made in a
utilization review.  The bill authorizes the commissioner by rule to permit
a utilization review agent to provide written notification only to the
enrollee or a person acting on behalf of the enrollee or only to the
enrollee's provider of record in certain circumstances.  The bill specifies
the contents of a written notification for an affirmative determination and
specifies separate requirements for a notification of an adverse
determination (Sec. 5, Art. 21.58A). 

The bill requires a utilization review agent that fails to provide the
notification of an adverse determination within the specified time periods
to be deemed to have made an affirmative determination and the agent is
required to provide a written notification of an affirmative determination
(Sec 7, Art. 21.58A).  The bill removes provisions specifying the
availability of  a toll-free telephone system required of utilization
review  agents (Sec. 7, Art 21.58A). 

When a prospective utilization review or a concurrent utilization review is
made of services proposed to be furnished or being furnished respectively
which results in an affirmative determination, the bill prohibits a
utilization review agent, a health maintenance organization, or an insurer
from subsequently making a retrospective review of the services which were
the subject of the affirmative determination. When a utilization review is
made of services that are being furnished or proposed to be furnished which
results in an affirmative determination, any request for review of an
extension of those services must be made by utilization review (Sec. 11,
Art. 21.58A). 

A health benefit plan issuer is not required to provide a review until
January 1,2001 (SECTION 16).  The bill specifies the health benefit plans
to which these provisions do and do not apply (Sec. 2, Art. 21.53X)  

EFFECTIVE DATE

September 1, 2001, and applies only to a utilization review conducted on or
after January 1, 2002.