By: Carter H.B. No. 3814
A BILL TO BE ENTITLED
AN ACT
relating to certain
limitations in health benefit plans and health
insurance policies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1201.227, Insurance Code, is amended to
read as follows:
Sec. 1201.227. POLICY PROVISION: INTOXICANTS AND
NARCOTICS. (a) Except as provided by Subsection (b), an [An]
individual accident and health insurance policy must contain the
following provision if the policy addresses the subject matter of
the provision:
"Intoxicants and Narcotics: The insurer is not liable for
any loss sustained or contracted in consequence of the insured's
being intoxicated or under the influence of any narcotic unless the
narcotic is administered on the advice of a physician."
(b) An individual accident and health insurance policy may
not contain the provision described by Subsection (a) unless the
insured is given notice of such policy and an option to opt out of
Subsection (a). An insured may purchase an optional rider to
provide coverage such that the insurer is liable for any loss
sustained or contracted in consequence of the insured's being
intoxicated or under the influence of any narcotic if the narcotic
is not administered on the advice of a physician.
SECTION 2. The change in law made by this Act applies only
to a health benefit plan that is delivered, issued for delivery, or
renewed on or after January 1, 2014. A health benefit plan that is
delivered, issued for delivery, or renewed before January 1, 2014,
is governed by the law in effect immediately before the effective
date of this Act, and that law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2013.