HBA-NRS C.S.H.B. 3444 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3444
By: Gallego
Insurance
5/1/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The 76th Texas Legislature authorized a review of the impact mandated
benefits have on the accessibility to and affordability of health
insurance. Mandated benefits are coverages required by law to be included
in health insurance policies sold by commercial insurance companies and
health maintenance organizations. Insurance and business groups have long
asserted that these mandated requirements increase the cost of health
insurance, making it less affordable for consumers. However, consumer and
employee advocates assert that these requirements are necessary to maintain
minimum standards in health insurance coverage. These continuing questions,
along with the state's higher than average rate of uninsured persons,
prompted the Texas Legislature to look into the impact of these
requirements on the rate of uninsured persons in Texas. The Joint Interim
Committee on Mandated Health Benefits was established to study the impact
mandated health benefits have on the rate of uninsured persons in Texas and
to make recommendations to the 77th Legislature. C.S.H.B. 3444 contains
specific recommendations proposed by the Joint Interim Committee on
Mandated Health Benefits, including the establishment of an impact
assessment process for proposed health benefit plan mandates or offers of
coverage mandates to be conducted by the Legislative Budget Board and the
establishment of a Sunset Advisory Commission review process for such
mandates.  

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 (Articles 28.151 and 28.152, Insurance Code) and SECTION 2 of
this bill. 

ANALYSIS

C.S.H.B. 3444 amends the Insurance Code to require the chair of a standing
committee of the legislature to send a copy of a bill that, if enacted,
would create a health care benefit mandate or an offer of coverage mandate
to the Legislative Budget Board (LBB) and request that an impact assessment
of the mandate be prepared (Art. 28.051). The bill sets forth provisions
regarding the preparation of an impact assessment and required actuarial
assistance (Art. 28.052). The bill requires the Texas Department of
Insurance (TDI) and the Texas Department of Health (TDH) to provide any
available information requested by LBB for the purpose of preparing an
impact assessment (Art. 28.156).   

The bill sets forth the contents of an impact assessment, including the
level of demand for coverage, the extent of the impact on an individual's
health status, the impact on premiums, the cost to an  individual, the
fiscal impact on the state, the impact on the economy and society of not
providing coverage, and other related information. For an offer of coverage
mandate, the bill provides the impact assessment must also estimate the
difference in the cost of a health benefit plan that provides the coverage
and a comparable health benefit plan that does not provide such coverage.
For a health care benefit mandate, the bill provides that the impact
statement must also estimate the impact of the mandate if the mandate was
an offer of coverage mandate. A separate analysis of the costs of the
health benefit plan mandate or offer of coverage mandate for the Employees
Retirement System of Texas (ERS), individual health benefit plans, and
small employer health benefit plans, even if those plans would not be
subject to the mandate (Art. 28.053). 

 If the director of LBB determines that the impact of a proposed health
benefit plan mandate or offer of coverage mandate cannot be fully
ascertained or if a complete impact assessment cannot be completed within
21 days of receiving the bill, C.S.H.B. 3444 requires the director of LBB
to report that fact in writing to the chair of the committee that sent the
bill to LBB and prepare an impact statement that complies as much as
possible with the applicable requirements and explains which of the
requirements are not met and why they are not met (Art. 28.054). The bill
provides that the assessment must be attached to the bill on first printing
and requires an updated version of the impact assessment to be attached to
each subsequent amended bill through the legislative process (Arts. 28.055
and 28.056).  

The bill requires the commissioner of insurance (commissioner) to assign a
Sunset Advisory Commission review date to each health care benefit mandate
or offer of coverage mandate provided for in a statute or in a rule adopted
by the commissioner. The bill sets forth criteria and deadlines for the
Sunset Advisory Commission reviews and related hearings, recommendations,
reports and actions by the legislature (Arts. 28.101-28.109). The bill
requires TDI and TDH to provide appropriate information to the Sunset
Advisory Commission (Art. 28.156). 

Not later than January 1 of the year of a regular legislative session, the
bill requires the commission to present to the legislature and the governor
a report on each health care benefit mandate or offer of coverage mandate
that was assessed during the previous year (Art. 28.106). 

The bill requires the commissioner by rule to define "large health benefit
plan carrier" (Art. 28.151). The bill requires the commissioner by rule to
require each large health benefit plan carrier and ERS to submit annually
information that the commissioner, with the assistance of an advisory
committee, determines is necessary for the assessment of health care
benefit mandates and offer of coverage mandates (Art. 28.152). The bill
requires the commissioner to appoint an advisory committee not later than
December 1, 2002, and sets forth provisions relating to the composition of
the advisory committee. The bill requires the advisory committee to work
with TDI to ensure that data collected is sufficient to properly evaluate
each health benefit mandate and offer of coverage mandate, compliance with
requests for data is both feasible for health benefit plan carriers and as
cost-effective as possible, and data collection formats are compatible with
data collection formats required under the federal Health Insurance
Portability and Accountability Act of 1996. The bill provides that
provisions relating to state agency advisory committees apply to the
advisory committee (Art. 28.153)  

The bill prohibits TDI from collecting information that could reasonably be
expected to reveal the identity of a patient or a health care provider
other than a hospital (Art. 28.154). The bill provides that information
submitted by an individual health benefit plan carrier is not subject to
disclosure as public information. The bill requires TDI to aggregate
information submitted by all health benefit plan carriers and that
aggregated information is subject to disclosure as public information (Art.
28.155). 

Not later than June 1, 2002, the bill requires the commissioner of
insurance to adopt rules as necessary to implement provisions related to
the assessment of an enacted mandate by the Sunset Advisory Commission and
the collection and reporting of data on mandates (SECTION 2). 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3444 modifies the original by including additional requirements
for the commissioner of insurance to follow in assigning review dates for
each health care benefit mandate or offer of coverage mandate, and sets
forth provisions related to the continuation of a health care benefit
mandate or offer of coverage mandate until the legislature acts on the
recommendations of the Sunset Advisory Commission (Arts. 28.103 and
28.109). The substitute modifies the definition of "health benefit plan"
and "large health benefit plan carrier" (Arts. 28.002 and 28.151). The
substitute changes the date by which the Texas Department  of Health and
the Texas Department of Insurance are required to report appropriate
information to the Sunset Advisory Commission from March 1 to July 1 (Art.
28.156).