85R12716 SMT-F     By: Gooden H.B. No. 3124       A BILL TO BE ENTITLED   AN ACT   relating to the release of certain physician-specific comparison   data to physicians participating in health benefit plan networks.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 1460.001, Insurance Code, is amended by   adding Subdivision (1-a) to read as follows:                (1-a)  "Participating physician" means a physician who   contracts with a health benefit plan issuer to provide medical care   or health care to enrollees in a health benefit plan.          SECTION 2.  Section 1460.003, Insurance Code, is amended by   adding Subsections (c) and (d) to read as follows:          (c)  Subsection (a) does not apply to physician-specific   cost comparison information released by a health benefit plan   issuer to a participating physician whose payment by the health   benefit plan issuer is based partly on costs of other providers that   are attributed by the health benefit plan issuer to the   participating physician if:                (1)  the measures and methodology used in developing   the cost comparison information are transparent and valid; and                (2)  the health benefit plan issuer provides a   participating physician at the request of the participating   physician:                      (A)  the cost comparison information for the   participating physician; and                      (B)  a fair opportunity, at least twice per   calendar year, to dispute the cost comparison information   associated with the participating physician.          (d)  A participating physician who receives cost comparison   information described by Subsection (c) associated with another   physician may not disclose the information to any other person,   except for the purpose of:                (1)  managing the participating physician's business,   patient population, or referral decisions; or                (2)  obtaining legal advice regarding a dispute by the   participating physician under this section.          SECTION 3.  The change in law made by this Act applies only   to a contract between a physician and a health benefit plan issuer   entered into or renewed on or after January 1, 2018. A contract   between a physician and health benefit plan issuer entered into or   renewed before January 1, 2018, is governed by the law as it existed   immediately before that date, and that law is continued in effect   for that purpose.          SECTION 4.  This Act takes effect September 1, 2017.