The Texas Department of Insurance (TDI) released a Bulletin outlining the bills that were enacted during the 88th Legislature that affect insurance, and the people and organizations that the TDI regulate. 

The bills are as follows:

HB 1040 – Electronic transactions. Effective September 1, 2023.

Regulated entities may conduct business electronically to the same extent it is authorized to conduct business otherwise if:

  • Each party to the business agrees to conduct business electronically
  • Each party has been given notice that business will be conducted electronically and has not opted out

The plan sponsor of a health benefit plan may, on behalf of a party enrolled in the plan, give consent.

 

HB 1903 – Change in capital stock requirements. Effective September 1, 2023.

The shareholder of an insurance company authorizing shares of stock without par value must pay a total amount of at least $250,000 for the shares, a change from the previous requirement of 50% of the authorized shares without par value.

 

The following bills relate to Property & Casualty insurance:

HB 1900 – Earlier notice of nonrenewal or cancellation. Effective September 1, 2023.

Insurers are required to give at least 60 days written notice for the nonrenewal or cancellation of a policy, an increase from the previous requirement of 30 days. 

 

HB 1706 – Right to a public adjuster. Effective September 1, 2023.

An insurance policy may not include a provision that prevents an insured from contracting with a public insurance adjuster. 

 

HB 1074 – Services related to loss control. Effective September 1, 2023.

This states that methods of loss control are not an unfair method of competition or a deceptive act. Offering discounts to an insured for enacting loss control methods is not unfairly discriminatory to insureds of the same class and of the same hazard. 

 

SB 224 – Catalytic converter criminal conduct. Effective May 29, 2023.

Penalties related to catalytic converter criminal conduct are increased across the board. 

The Motor Vehicle Crime Prevention fee for insurers is raised to $5 multiplied by the total number of motor vehicle insurance policies issued.

 

HB 2190 – Collision term. Effective September 1, 2023. 

Changes the Transportation Code to replace all uses of "accident" with "collision."

 

HB 998 – FAIR plan expansion for HOA's. Effective September 1, 2023. 

Expands the Texas FAIR plan to include coverage for homeowners' associations and condominium owners' associations, if the commissioner determines insurance is not reasonably available in the voluntary market.

 

SB 2008 – Rural property definition. Effective September 1, 2023. 

Changes the definition of "rural property" to mean property located outside of the area of a city with a population of more than 6,500–an increase from the previous definition of 2,500. 

 

The following bills relate to Life & Health insurance:

 

HB 3359 – Network adequacy and other PPO plan requirements

This bill sets the following network adequacy standards:

  • An insurer offering a PPO plan must monitor compliance with network adequacy standards, and promptly take any corrective action to ensure that the network is compliant.
  • Ensure availability of a full range of contracted physicians and healthcare providers
  • A waiver may be allowed for departure from network adequacy standards if the commissioner determines that good cause is shown
  • All insureds should be able to receive an appointment with a preferred provider within certain maximum travel times and distances
  • All insureds should be able to receive an appointment with a preferred provider within certain maximum appointment wait times

 

HB 1592 – ERISA opt-in to balance billing dispute resolution. Effective September 1, 2023. 

Gives the option for ERISA health employers to opt in to the Texas billing and independent dispute resolution system

 

SB 2476 – Ambulance charge coverage. Effective September 1, 2023. 

A health maintenance organization must pay for a covered health care service provided to an enrollee by a non-network emergency medical services provider, excluding air ambulances.

 

HB 999 – Application of discounts for prescription drugs. Effective September 1, 2023.  

An issuer of a health benefit plan that covers prescription drugs must apply any third-party payment, financial assistance, or discount to the enrollee's deductible, copayment, cost-sharing responsibility, or out-of-pocket maximum applicable to health benefits under the enrollee's plan

 

SB 1286 – Extended deadlines during catastrophes. Effective September 1, 2023. 

If a physician or provider fails to submit a claim promptly, they may forfeit the right to payment. During catastrophe events, the commissioner can allow for an extension of prompt payment deadlines.

A health maintenance organization may also have an extension of the prompt payment deadlines, if a catastrophic event caused substantial interference with the normal business operations. 

 

SB 1003 – Disclosure requirements for provider directories. Effective September 1, 2023. 

Each health care provider must have a directory that lists, in addition to physicians, all non-physician providers. These include nurse anesthetists, anesthesiologist assistants, nurse midwives, surgical assistants, physical therapists, occupational therapists, speech-language pathologists, and any other specialty identified by commissioner rule

 

HB 2839 – Liquidity stress testing. Effective September 1, 2023. 

Liquidity stress tests are to be performed by insurers and results are to be filed. 

The liquidity stress test framework should be consistent with the framework published by the NAIC. 

 

HB 711 – Prohibition of restrictive provisions.

This bill is amended to prohibit the following provisions in provider network contracts:

  • Anti-steering clause
  • Antier-tiering clause
  • Gag clause
  • General contracting entity
  • Most favored nation clause

 

HB 290 – Multiple employer welfare arrangements. Effective September 1, 2023. 

Multiple employee welfare arrangements that provide a comprehensive health benefit plan are subject to certain laws as if the arrangement were an insurer, individuals entitled to coverage under the plan were insureds, and the health benefits were provided through an insurance policy. 

 

HB 1996 – Group family leave insurance. 

Adds a chapter to the Insurance Code for Group Family Leave Insurance, including general provisions, and minimum policy standards.

 

HB 2002 – Credit for payments made directly to a provider. Effective September 1, 2023. 

Requires that insurers credit toward an insured's deductible and annual maximum out-of-pocket expenses any amount the insured pays directly to any physician or health care provider for a medically necessary covered medical or health care service, if a claim for the service is not submitted to the insurer, and the amount paid by the insured is less than the average discounted rate for the service to an equivalently licensed provider.

 

HB 1587 – Group annuity exemption. Effective September 1, 2023. 

The insurance code is amended to state that the filing and approval requirements in the chapter do not apply to any group annuity policy, certificate, or contract written or issued by an insurer authorized to do business in Texas. 

 

SB 622 – Disclosure of prescription drug information. Effective September 1, 2023. 

A health benefit plan issuer must provide information regarding a covered prescription drug, including the formulary, upon request from the enrollee. 

In providing the information, a health benefit plan issuer should be able to respond in real time to a request made through a standard API, and they must ensure that the information provided is current no later than one business day after a change is made. 

 

HB 1696 – Optometrist inclusion. Effective September 1, 2023. 

A managed care plan may not discriminate against a health care practitioner because they are an optometrist. 

They may not prioritize one optometrist over another on the basis of:

  • A discount or incentive offered on a medical or vision care product or service that is not a covered product or service
  • The dollar amount, volume amount, or percent usage amount of any product or good purchased by the optometrist
  • The brand, source, or supplier of a medical or vision care product or service utilized by the optometrist to practice optometry

They may also not incentivize, recommend, or persuade an enrollee to obtain covered or uncovered products or services at any particular participating optometrist instead of another participating optometrist

 

The bulletin can be found here.