Texas 2009 - 81st Regular

Texas Senate Bill SB1479 Compare Versions

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1	1	S.B. No. 1479
2	2
3	3
4	4	AN ACT
5	5	relating to benefits payable under certain health coverages.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Subtitle E, Title 8, Insurance Code, is amended
8	8	by adding Chapter 1425 to read as follows:
9	9	CHAPTER 1425. APPLICATION OF SUBTITLE TO CERTAIN COVERAGE
10	10	Sec. 1425.001. EXEMPTION FROM APPLICATION OF SUBTITLE.
11	11	(a) Except as provided by Section 1425.002, a provision of this
12	12	subtitle that becomes effective on or after January 2, 2010, does
13	13	not apply to:
14	14	(1) a plan that provides coverage only:
15	15	(A) for a specified disease or diseases or under
16	16	an individual limited benefit policy;
17	17	(B) for accidental death or dismemberment;
18	18	(C) as a supplement to a liability insurance
19	19	policy; or
20	20	(D) for dental or vision care;
21	21	(2) disability income insurance coverage or a
22	22	combination of accident-only and disability income insurance
23	23	coverage;
24	24	(3) credit insurance coverage;
25	25	(4) a hospital confinement indemnity policy;
26	26	(5) a Medicare supplemental policy as defined by
27	27	Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss);
28	28	(6) a workers' compensation insurance policy;
29	29	(7) medical payment insurance coverage provided under
30	30	a motor vehicle insurance policy;
31	31	(8) a long-term care insurance policy, including a
32	32	nursing home fixed indemnity policy, except as provided by
33	33	Subsection (b); or
34	34	(9) an occupational accident policy.
35	35	(b) A long-term care insurance policy, including a nursing
36	36	home fixed indemnity policy, is subject to this subtitle if the
37	37	commissioner determines that the policy provides benefits so
38	38	comprehensive that it is a health benefit plan and should not be
39	39	subject to the exemption provided under this section.
40	40	Sec. 1425.002. SPECIFIC LANGUAGE CONTROLS. A provision of
41	41	this subtitle that becomes effective on or after January 2, 2010,
42	42	and that requires coverage or the offer of coverage of a health care
43	43	service or benefit applies to a plan or policy described by Section
44	44	1425.001(a) only to the extent expressly and specifically provided
45	45	by law.
46	46	SECTION 2. This Act takes effect immediately if it receives
47	47	a vote of two-thirds of all the members elected to each house, as
48	48	provided by Section 39, Article III, Texas Constitution. If this
49	49	Act does not receive the vote necessary for immediate effect, this
50	50	Act takes effect September 1, 2009.
51	51	______________________________ ______________________________
52	52	President of the Senate Speaker of the House
53	53	I hereby certify that S.B. No. 1479 passed the Senate on
54	54	April 30, 2009, by the following vote: Yeas 31, Nays 0.
55	55	______________________________
56	56	Secretary of the Senate
57	57	I hereby certify that S.B. No. 1479 passed the House on
58	58	May 15, 2009, by the following vote: Yeas 144, Nays 0, one present
59	59	not voting.
60	60	______________________________
61	61	Chief Clerk of the House
62	62	Approved:
63	63	______________________________
64	64	Date
65	65	______________________________
66	66	Governor