Highlights 77th Texas Legislature - Senate

__ HEALTH AND HUMAN
ERVICES/Health Care
UMAN SERVICES
77 th Texas Legislature
Omnibus Women’s Equal Health Care Act - S.B. 8
by Senator Cain, et al.
House Sponsor: Representative Farabee
Enacts the Omnibus Women's Equal Health Care Act (Act) and sets out the penalties for violating the Act.
States that the purpose of this Act is to remedy the unequal health care rates and payments by requiring all
third party payers to pay providers of women's health services equal pay for equal work.
Provides that the Act applies to health benefit plans providing benefits for medical or surgical expenses for
a health condition, accident, or sickness.
Requires a health benefit plan, when reimbursing a physician or provider for reproductive health and
oncology services provided to women, to pay an amount not less than the annual average compensation
per hour or unit as would be paid in the service area to a physician or provider for the same medical,
surgical, or other similar resources, as applicable, that would be used in providing health services
exclusively to men or to the general population.
Permits a person to bring an action in the district court for a violation if the commissioner of insurance fails
to make a determination within the time set by this Act. Authorizes a court to impose the same or similar
penalties if the defendant knowingly violated the Act and award attorney's fees and court costs.
Requires a court, if it determines that the action was groundless and brought in bad faith or for the purpose
of harassment, to award the defendant reasonable and necessary attorney's fees.
Provides that the Act does not require reimbursement for an abortion.
Requires the Texas Board of Health, Texas Board of Human Services, and Texas Department of
Insurance, not later than 90 days after the effective date of this Act, to repeal any rules contrary to this Act
and adopt rules necessary to implement this Act. The rules must require providers to justify any disparity in
reimbursement rates and that any disparity accurately reflects the difference in time and resources
expended to provide the health care services.
Establishing the Rural Foundation - S.B. 115
by Senators Madla and Bernsen
House Sponsors: Representative Hawley, et al.
Requires the Center for Rural Health Initiatives (center), not later than June 1, 2002, to establish the Rural
Foundation (foundation) as a nonprofit corporation operating independently of any state agency or political
subdivision. Sets forth provisions to administer the foundation.
Prohibits the use of funds administered by the foundation for providing an abortion or a referral for an
abortion, unless there is a medically necessary reason to provide the referral.
Requires the center to obtain information from each county about indigent health care provided in the
county and from each university, medical school, rural community, or rural health care provider that has
studied rural health care during the biennium.
Senate Research Center 121