Relating to the insurable interest of certain persons providing care to individuals with disabilities in the life of those individuals.
Impact
The bill is poised to significantly impact state laws concerning life insurance policies related to individuals with disabilities. By restricting the insurable interest of non-relative caregivers, it seeks to prevent situations where caregivers may exploit their position for financial gain through life insurance policies. This regulation is intended to safeguard vulnerable populations from potential abuses in the insurance industry.
Summary
House Bill 1041 addresses the insurable interest of individuals who care for persons with disabilities. Specifically, the bill amends provisions within the Insurance Code to clarify that care providers do not have an insurable interest in the lives of individuals they serve unless they are a relative. This change aims to reinforce the ethical considerations surrounding life insurance policies and the involvement of caregivers. The bill's effective date is tied to life insurance policies delivered, issued for delivery, or renewed after January 1, 2026, indicating a careful approach to give time for adjustment within the insurance market.
Sentiment
The sentiment surrounding HB 1041 appears predominantly positive, as it is viewed by supporters as a necessary measure to protect individuals with disabilities and uphold ethical standards in caregiving. Discussions in legislative committees have highlighted the importance of ethical considerations in the insurance domain. The broad support in both the House and Senate, passing with unanimous votes indicates a strong consensus on the bill's intent.
Contention
Despite the overall support, some concerns were raised regarding the application's specifics of defining 'relative', particularly how it could affect the lives of caregivers who have developed close relationships with those they care for. Furthermore, discussions revolved around balancing the implications of the bill with the need for caregivers to secure financial products that may protect their own interests while working in the often challenging field of disability care.
Texas Constitutional Statutes Affected
Insurance Code
Chapter 1103. Life Insurance Policy Beneficiaries
Section: New Section
Government Code
Chapter 573. Degrees Of Relationship; Nepotism Prohibitions
Section: New Section
Section: New Section
Section: New Section
Section: New Section
Section: New Section
Section: New Section
Health And Safety Code
Chapter 531. Provisions Generally Applicable To Mental Health And Intellectual Disability Services
Section: 002
Section: 002
Section: 002
Section: 002
Chapter 247. Assisted Living Facilities
Section: New Section
Section: New Section
Section: New Section
Section: New Section
Section: New Section
Chapter 252. Intermediate Care Facilities For Individuals With An Intellectual Disability
Relating to the terminology used to refer to certain disabilities and to an individualized education team for purposes of determining a student's eligibility for special education services and providing those services in public schools.
Relating to the applicability of certain laws regarding the occupational licensing of individuals with criminal convictions to the licensing of certain long-term health care facility personnel.
Relating to imposing requirements on the employment of or contracts for certain individuals providing services to individuals with an intellectual or developmental disability, including requiring certain facilities and Medicaid providers to conduct criminal history record information and employee misconduct registry reviews and to suspend the employment or contracts of individuals who engage in reportable conduct; providing administrative penalties.
Relating to the issuance of a driver's license or personal identification certificate to certain individuals and the use of the identification fee exemption account to fund the fee waivers for those individuals.
Relating to peer support specialists for certain individuals with an intellectual or developmental disability and peer services for those individuals under Medicaid.
Relating to the authority of individuals over the personal identifying information collected, processed, or maintained about the individuals and certain others by certain businesses.
Relating to a prohibition on following an individual and tracking or monitoring the individual's personal property or motor vehicle and to the criminal prosecution of that conduct.
Relating to provisions and plans by public schools to ensure the safety of individuals with disabilities or impairments during a mandatory school drill or a disaster or emergency situation.