HBA-ATS H.B. 2049 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2049
By: Thompson
Insurance
4/11/1999
Introduced



BACKGROUND AND PURPOSE 

Two provisions in the Insurance Code limit a health insurance carrier's
ability to prevent a person it insures from seeking treatment from
practitioners, other than physicians, who are qualified to do so within the
scope of their practice.  Article 3.70-2(B) (Form of Policy), Insurance
Code, mandates that if an accident and sickness insurer makes benefits
contingent upon treatment of or examination by practitioners designated by
the statute, the insurer's policy must specifically list by medical
classification the included or excluded practitioners.  Article 21.52
(Right to Select Practitioner Under Health and Accident Policies),
Insurance Code, prohibits an accident and health insurer from
discriminating against an insured, with regard to payment or reimbursement,
based on the practitioner chosen by the insured to provide medical care.
The prohibition against discrimination extends to the services of various
practitioners with respect to those services covered by the relevant
insurance policy and within the scope of the practitioner's license or
certification. 

H.B. 2049 includes a licensed acupuncturist or doctor of oriental medicine
in the list of practitioners in Article 3.70-2(B) and Section 3, Article
21.52, Insurance Code. 

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.  Amends Section (B), Article 3.70-2, Insurance Code, to include
Licensed Acupuncturist or Doctor of Oriental Medicine among the medical
classifications used to designate practitioners of the healing arts who
will and will not be recognized by an accident and sickness insurer.
Defines "Licensed Acupuncturist or Doctor of Oriental Medicine" to mean one
licensed by the Texas State Board of Medical Examiners. 

SECTION 2.  Amends Section 3, Article 21.52, Insurance Code, to include a
licensed acupuncturist or doctor of oriental medicine to perform the
services or procedures scheduled in a health insurance policy that fall
within the scope of the license of that practitioner, among the
practitioners who may be selected by any person who is issued, who is a
party to, or who is a beneficiary under any health insurance policy.  Makes
conforming changes. 

SECTION 3.Effective date: September 1, 1999.

SECTION 4.Emergency clause.
  Effective date: upon passage.