| 1 | 1 | | 83R17679 MEW-D |
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| 2 | 2 | | By: Carter H.B. No. 3814 |
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| 3 | 3 | | Substitute the following for H.B. No. 3814: |
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| 4 | 4 | | By: Eiland C.S.H.B. No. 3814 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to availability of certain benefits under individual |
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| 10 | 10 | | accident and health insurance policies. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 1201.227, Insurance Code, is amended to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | Sec. 1201.227. POLICY PROVISION: INTOXICANTS AND |
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| 15 | 15 | | NARCOTICS. (a) Except as provided by Subsection (b), an [An] |
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| 16 | 16 | | individual accident and health insurance policy must contain the |
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| 17 | 17 | | following provision if the policy addresses the subject matter of |
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| 18 | 18 | | the provision: |
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| 19 | 19 | | "Intoxicants and Narcotics: The insurer is not liable for |
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| 20 | 20 | | any loss sustained or contracted in consequence of the insured's |
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| 21 | 21 | | being intoxicated or under the influence of any narcotic unless the |
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| 22 | 22 | | narcotic is administered on the advice of a physician." |
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| 23 | 23 | | (b) An individual accident and health insurance policy that |
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| 24 | 24 | | provides coverage for medical, hospital, and surgical expenses |
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| 25 | 25 | | incurred by an insured may not contain the provision described by |
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| 26 | 26 | | Subsection (a) unless the insurer provides notice to the insured of |
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| 27 | 27 | | the provision and gives the insured an option to purchase a rider or |
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| 28 | 28 | | endorsement that provides coverage for any loss sustained or |
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| 29 | 29 | | contracted in consequence of the insured's being intoxicated or |
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| 30 | 30 | | under the influence of any narcotic, regardless of whether the |
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| 31 | 31 | | narcotic is administered on the advice of a physician. |
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| 32 | 32 | | SECTION 2. The change in law made by this Act applies only |
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| 33 | 33 | | to an individual accident and health insurance policy that is |
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| 34 | 34 | | delivered, issued for delivery, or renewed on or after January 1, |
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| 35 | 35 | | 2014. An individual accident and health insurance policy that is |
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| 36 | 36 | | delivered, issued for delivery, or renewed before January 1, 2014, |
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| 37 | 37 | | is governed by the law as it existed immediately before the |
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| 38 | 38 | | effective date of this Act, and that law is continued in effect for |
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| 39 | 39 | | that purpose. |
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| 40 | 40 | | SECTION 3. This Act takes effect September 1, 2013. |
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