88R446 RDS-F
 
  By: Johnson of Dallas H.B. No. 756

Statutes affected:
Introduced: Insurance Code 843.347, Insurance Code 843.348, Insurance Code 1301.133, Insurance Code 1301.135, Insurance Code 4201.004 (Insurance Code 1301, Insurance Code 4201, Insurance Code 843)

 
 
A BILL TO BE ENTITLED
AN ACT
relating to telephone access for certain health benefit plan
verifications and preauthorization requests and for utilization
review requests.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 843.347(c), Insurance Code, is amended
to read as follows:
       (c)  A health maintenance organization shall have
appropriate personnel reasonably available at a toll-free
telephone number to provide a verification under this section 24
hours a day, seven days a week, including [between 6 a.m. and 6 p.m.
central time Monday through Friday on each day that is not a legal
holiday and between 9 a.m. and noon central time on Saturday,
Sunday, and] legal holidays. A health maintenance organization
must:
             (1)  have a telephone system capable of accepting or
recording incoming phone calls for verifications during any period
in which personnel are not available due to circumstances beyond
the health maintenance organization's reasonable control; [after 6
p.m. central time Monday through Friday and after noon central time
on Saturday, Sunday, and legal holidays] and
             (2)  respond [responding] to each of those calls as
soon as possible but not later than two hours after [on or before
the second calendar day after the date] the call is received.
       SECTION 2.  Section 843.348(f), Insurance Code, is amended
to read as follows:
       (f)  A health maintenance organization shall have
appropriate personnel reasonably available at a toll-free
telephone number to respond to requests for a preauthorization 24
hours a day, seven days a week, including [between 6 a.m. and 6 p.m.
central time Monday through Friday on each day that is not a legal
holiday and between 9 a.m. and noon central time on Saturday,
Sunday, and] legal holidays. A health maintenance organization
must:
             (1)  have a telephone system capable of accepting or
recording incoming phone calls for preauthorizations during any
period in which personnel are not available due to circumstances
beyond the health maintenance organization's reasonable control;
[after 6 p.m. central time Monday through Friday and after noon
central time on Saturday, Sunday, and legal holidays] and
             (2)  respond [responding] to each of those calls as
soon as possible but not later than two [24] hours after the call is
received.
       SECTION 3.  Section 1301.133(c), Insurance Code, is amended
to read as follows:
       (c)  An insurer shall have appropriate personnel reasonably
available at a toll-free telephone number to provide a verification
under this section 24 hours a day, seven days a week, including
[between 6 a.m. and 6 p.m. central time Monday through Friday on
each day that is not a legal holiday and between 9 a.m. and noon
central time on Saturday, Sunday, and] legal holidays. An insurer
must:
             (1)  have a telephone system capable of accepting or
recording incoming phone calls for verifications during any period
in which personnel are not available due to circumstances beyond
the insurer's reasonable control; [after 6 p.m. central time Monday
through Friday and after noon central time on Saturday, Sunday, and
legal holidays] and
             (2)  respond [responding] to each of those calls as
soon as possible but not later than two hours after [on or before
the second calendar day after the date] the call is received.
       SECTION 4.  Section 1301.135(e), Insurance Code, is amended
to read as follows:
       (e)  An insurer shall have appropriate personnel reasonably
available at a toll-free telephone number to respond to requests
for a preauthorization 24 hours a day, seven days a week, including 
[between 6 a.m. and 6 p.m. central time Monday through Friday on
each day that is not a legal holiday and between 9 a.m. and noon
central time on Saturday, Sunday, and] legal holidays. An insurer
must:
             (1)  have a telephone system capable of accepting or
recording incoming phone calls for preauthorizations during any
period in which personnel are not available due to circumstances
beyond the insurer's reasonable control; [after 6 p.m. central time
Monday through Friday and after noon central time on Saturday,