Sec. 843.102.  HEALTH MAINTENANCE ORGANIZATION QUALITY ASSURANCE.  (a)  A health maintenance organization shall establish procedures to ensure that health care services are provided to enrollees under reasonable standards of quality of care that are consistent with prevailing professionally recognized standards of medical practice.  The procedures must include mechanisms to ensure availability, accessibility, quality, and continuity of care.
(b)  A health maintenance organization shall operate a continuing internal quality assurance program to monitor and evaluate its health care services, including primary and specialist physician services and ancillary and preventive health care services, in all institutional and noninstitutional settings.
(c)  The commissioner by rule may establish minimum standards and requirements for the quality assurance programs, including standards for ensuring availability, accessibility, quality, and continuity of care.
(d)  A health maintenance organization shall record formal proceedings of quality assurance program activities and maintain documentation in a confidential manner.  The health maintenance organization shall make the quality assurance program minutes available to the commissioner.
(e)  A health maintenance organization shall establish and maintain a physician review panel to assist in:
(1)  reviewing medical guidelines or criteria;  and
(2)  determining prescription drugs to be covered by the health maintenance organization, if the health maintenance organization offers a prescription drug benefit.
(f)  A health maintenance organization shall ensure the use and maintenance of an adequate patient record system to facilitate documentation and retrieval of clinical information for the health maintenance organization's evaluation of continuity and coordination of patient care and assessment of the quality of health and medical care provided to enrollees.
(g)  The clinical records of enrollees shall be available to the commissioner for examination and review to determine compliance.  The records are confidential and privileged and are not subject to the public information law, Chapter 552, Government Code, or to subpoena, except to the extent necessary to enable the commissioner to enforce this section.
(h)  A health maintenance organization shall establish a mechanism for the periodic reporting of quality assurance program activities to its governing body, providers, and appropriate health maintenance organization staff.
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.