83R17679 MEW-D
By: Carter H.B. No. 3814
Substitute the following for H.B. No. 3814:
By: Eiland C.S.H.B. No. 3814
A BILL TO BE ENTITLED
AN ACT
relating to availability of certain benefits under individual
accident 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 that
provides coverage for medical, hospital, and surgical expenses
incurred by an insured may not contain the provision described by
Subsection (a) unless the insurer provides notice to the insured of
the provision and gives the insured an option to purchase a rider or
endorsement that provides coverage for any loss sustained or
contracted in consequence of the insured's being intoxicated or
under the influence of any narcotic, regardless of whether the
narcotic is administered on the advice of a physician.
SECTION 2. The change in law made by this Act applies only
to an individual accident and health insurance policy that is
delivered, issued for delivery, or renewed on or after January 1,
2014. An individual accident and health insurance policy that is
delivered, issued for delivery, or renewed before January 1, 2014,
is governed by the law as it existed 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.