Bill Text: TX SB1739 | 2019-2020 | 86th Legislature | Enrolled


Bill Title: Relating to payment for care provided by a chiropractor under certain health benefit plans; providing administrative penalties.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Enrolled) 2019-05-14 - Sent to the Governor [SB1739 Detail]

Download: Texas-2019-SB1739-Enrolled.html
 
 
  S.B. No. 1739
 
 
 
 
AN ACT
  relating to payment for care provided by a chiropractor under
  certain health benefit plans; providing administrative penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter I, Chapter 843, Insurance Code, is
  amended by adding Section 843.3042 to read as follows:
         Sec. 843.3042.  CHIROPRACTIC SERVICES. (a)  A health
  maintenance organization offering a health care plan that covers a
  service that is within the scope of a chiropractor's license may not
  refuse to provide reimbursement to an in-network chiropractor for
  the performance of the covered service solely because the service
  is provided by a chiropractor.
         (b)  This section does not require a health maintenance
  organization to cover a particular health care service.
         (c)  This section does not affect the right of a health
  maintenance organization to determine whether a health care service
  is medically necessary.
         (d)  A health maintenance organization that violates this
  section is subject to an administrative penalty as provided by
  Chapter 84 of not more than $1,000 for each claim that remains
  unpaid in violation of this section.  Each day the violation
  continues constitutes a separate violation.
         SECTION 2.  Subchapter B, Chapter 1301, Insurance Code, is
  amended by adding Section 1301.0516 to read as follows:
         Sec. 1301.0516.  CHIROPRACTIC SERVICES. (a)  An insurer
  offering a preferred provider benefit plan that covers a service
  that is within the scope of a chiropractor's license may not refuse
  to provide reimbursement for the performance of the covered service
  solely because the service is provided by a chiropractor.
         (b)  This section does not require an insurer to cover a
  particular medical or health care service.
         (c)  This section does not affect the right of an insurer to
  determine whether a medical or health care service is medically
  necessary.
         (d)  An insurer that violates this section is subject to an
  administrative penalty as provided by Chapter 84 of not more than
  $1,000 for each claim that remains unpaid in violation of this
  section.  Each day a violation continues constitutes a separate
  violation.
         SECTION 3.  Section 1451.109, Insurance Code, is amended by
  adding Subsection (e) to read as follows:
         (e)  A health insurance policy issuer that violates this
  section is subject to an administrative penalty as provided by
  Chapter 84 of not more than $1,000 for each claim that remains
  unpaid in violation of this section.  Each day the violation
  continues constitutes a separate violation.
         SECTION 4.  The change in law made by this Act applies only
  to a health benefit plan that is delivered, issued for delivery, or
  renewed on or after January 1, 2020. A health benefit plan that is
  delivered, issued for delivery, or renewed before January 1, 2020,
  is governed by the law as it existed immediately before the
  effective date of this Act, and that law is continued in effect for
  that purpose.
         SECTION 5.  This Act takes effect September 1, 2019.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1739 passed the Senate on May
  3, 2019, by the following vote:  Yeas 30, Nays 1.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1739 passed the House on May
  10, 2019, by the following vote:  Yeas 129, Nays 12, two present
  not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor
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