82R3753 TJS-D By: Lucio, Davis S.B. No. 441 A BILL TO BE ENTITLED AN ACT relating to coverage for autism spectrum disorder under certain health benefit plans. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 1355.002(b), Insurance Code, is amended to read as follows: (b) Notwithstanding any provision in Chapter 1551, 1575, or 1579 or in any other law, Section 1355.015 applies to: (1) a basic coverage plan under Chapter 1551; (2) a basic plan under Chapter 1575; and (3) [(2)] a primary care coverage plan under Chapter 1579. SECTION 2. Section 1355.015(a), Insurance Code, is amended to read as follows: (a) At a minimum, a health benefit plan must provide coverage as provided by this section to an enrollee who is diagnosed with autism spectrum disorder from the date of diagnosis until the enrollee completes 17 [nine] years of age. If an enrollee who is being treated for autism spectrum disorder becomes 18 [10] years of age or older and continues to need treatment, this subsection does not preclude coverage of treatment and services described by Subsection (b). SECTION 3. (a) The change in law made by Section 1355.002(b), Insurance Code, as amended by this Act, applies only to a basic coverage plan provided under Chapter 1551, Insurance Code, beginning with the 2011-2012 plan year. A plan year before 2011-2012 is governed by the law as it existed immediately before September 1, 2011, and that law is continued in effect for that purpose. (b) The change in law made by Section 1355.015(a), Insurance Code, as amended by this Act, applies only to a health benefit plan that is delivered, issued for delivery, or renewed on or after September 1, 2011. A health benefit plan that is delivered, issued for delivery, or renewed before September 1, 2011, is covered by the law in effect at the time the health benefit plan is delivered, issued for delivery, or renewed, and that law is continued in effect for that purpose. SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.