HBA-TBM S.B. 992 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 992
By: Sibley
Insurance
4/22/2001
Engrossed



BACKGROUND AND PURPOSE 

The Texas Health Insurance Risk Pool (pool) was created to provide access
to quality health care for Texans facing critical problems with the
availability and cost of health care coverage.  The pool is how Texas meets
the requirements of the federal Health Insurance Portability and
Accountability Act (HIPAA). Some sections of the Insurance Code may need to
be amended to clarify how the pool applies to persons eligible for coverage
under HIPAA and to ensure fair and efficient administration of the pool.
Senate Bill 992 modifies provisions regarding eligibility requirements and
the administration of the Texas Health Insurance Risk Pool.   

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. 

ANALYSIS

Senate Bill 992 amends the Insurance Code to add to the list of persons
eligible for health benefit plan coverage under the Texas Health Insurance
Risk Pool (pool) a Texas resident who provides to the pool evidence that
the resident had health insurance coverage for the previous 18 months under
employeesponsored, church, or government plan, or another state's qualified
Health Insurance Portability and Accountability Act health program that was
terminated because of nonresidence not more than 63 days prior to
application.  The bill also provides that if a person has been a permanent
resident of Texas and a resident of the United States for at least three
continuous years, the resident is eligible under existing eligibility
requirements the same as a citizen of the United States.  The bill provides
that a person is not eligible for coverage from the pool if the person has
had prior coverage with the pool terminated for nonpayment of premiums
within the 12 months immediately preceding the date of application or has
had prior coverage with the pool terminated for fraud.  The bill provides
that coverage of a person who ceases to meet the eligibility requirements
will be terminated on the earlier of the next premium due date or the first
day of the month following the date the pool determines the person does not
meet the eligibility requirements.  The pool has sole discretion to
determine that a person does not meet the eligibility requirements.   

The bill provides that a person who is eligible for health insurance
benefits sponsored by an employer is not eligible for pool coverage.  An
insurer, agent, third party administrator, or other person licensed under
this code is prohibited from arranging, assisting, or attempting placement
in the pool of a person who is eligible for employer-sponsored health
insurance for the purpose of separating the person from the
employersponsored health insurance benefits.  The bill provides that a
violation of this provision is an unfair method of competition and an
unfair or deceptive act or practice (Sec. 10, Art. 3.77).   

The bill provides that an assessment imposed against an insurer is due on a
date specified by the board of directors of the pool that may not be
earlier than the 30th day after the date on which prior written notice of
the assessment due is transmitted to the insurer.  Interest accrues on the
unpaid amount at a rate equal to the prime lending rate plus three percent.
The bill authorizes an insurer to petition the commissioner for  an
abatement or deferment of all or part of an assessment imposed by the
board.  The bill authorizes the commissioner to abate or defer an
assessment at the commissioner's determination that payment would endanger
the ability of the participating insurer to fulfill its contractual
obligations and requires the amount abated or deferred to be assessed
against the other insurers.  The insurer receiving such abatement or
deferment is required to remain liable to the pool for the deficiency (Sec.
13, Art. 3.77).   

EFFECTIVE DATE

September 1, 2001.