Texas 2013 - 83rd Regular

Texas Senate Bill SB874 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Hegar S.B. No. 874
2	2	(Sanford)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the operation of health care sharing ministries.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Title 8, Insurance Code, is amended by adding
10	10	Subtitle K to read as follows:
11	11	SUBTITLE K. HEALTH CARE SHARING MINISTRIES
12	12	CHAPTER 1681. HEALTH CARE SHARING MINISTRIES
13	13	Sec. 1681.001. TREATMENT AS HEALTH CARE SHARING MINISTRY.
14	14	A faith-based, nonprofit organization that is tax-exempt under the
15	15	Internal Revenue Code of 1986 qualifies for treatment as a health
16	16	care sharing ministry under this chapter if it:
17	17	(1) limits its participants to individuals of a
18	18	similar faith;
19	19	(2) acts as a facilitator among participants who have
20	20	medical bills and matches those participants with other
21	21	participants with the present ability to assist those with medical
22	22	bills in accordance with criteria established by the health care
23	23	sharing ministry;
24	24	(3) provides for the medical bills of a participant
25	25	through contributions from one participant to another;
26	26	(4) provides amounts that participants may contribute
27	27	with no assumption of risk or promise to pay among the participants
28	28	and no assumption of risk or promise to pay by the health care
29	29	sharing ministry to the participants;
30	30	(5) provides a written monthly statement to all
31	31	participants that lists the total dollar amount of qualified needs
32	32	submitted to the health care sharing ministry, as well as the amount
33	33	actually published or assigned to participants for their
34	34	contribution;
35	35	(6) discloses administrative fees and costs to
36	36	participants;
37	37	(7) provides that any card issued to a participant for
38	38	the purpose of presentation to a health care provider clearly
39	39	indicates that the participant is part of a health care sharing
40	40	ministry that is not engaging in the business of insurance;
41	41	(8) provides a written disclaimer on or accompanying
42	42	all applications and guideline materials distributed by or on
43	43	behalf of the ministry that complies with Section 1681.002; and
44	44	(9) does not operate a discount health care program as
45	45	defined by Section 7001.001.
46	46	Sec. 1681.002. NOTICE. To qualify as a health care sharing
47	47	ministry under this chapter, the notice described by Section
48	48	1681.001(8) must read substantially as follows:
49	49	"Notice: This health care sharing ministry facilitates the
50	50	sharing of medical expenses and is not an insurance company, and
51	51	neither its guidelines nor its plan of operation is an insurance
52	52	policy. Whether anyone chooses to assist you with your medical
53	53	bills will be totally voluntary because no other participant will
54	54	be compelled by law to contribute toward your medical bills. As
55	55	such, participation in the ministry or a subscription to any of its
56	56	documents should never be considered to be insurance. Regardless
57	57	of whether you receive any payment for medical expenses or whether
58	58	this ministry continues to operate, you are always personally
59	59	responsible for the payment of your own medical bills. Complaints
60	60	concerning this health care sharing ministry may be reported to the
61	61	office of the Texas attorney general."
62	62	Sec. 1681.003. EXEMPTION. Notwithstanding any other
63	63	provision of this code, a health care sharing ministry that acts in
64	64	accordance with this chapter is not considered to be engaging in the
65	65	business of insurance.
66	66	SECTION 2. Subchapter A, Chapter 562, Insurance Code, is
67	67	amended by adding Section 562.0041 to read as follows:
68	68	Sec. 562.0041. EXEMPTION. This chapter does not apply to a
69	69	health care sharing ministry operated under Chapter 1681.
70	70	SECTION 3. Section 651.002, Insurance Code, is amended by
71	71	adding Subsection (c) to read as follows:
72	72	(c) This chapter does not apply to a health care sharing
73	73	ministry operated under Chapter 1681.
74	74	SECTION 4. Subchapter A, Chapter 4151, Insurance Code, is
75	75	amended by adding Section 4151.0022 to read as follows:
76	76	Sec. 4151.0022. NONAPPLICABILITY. This chapter does not
77	77	apply to a health care sharing ministry operated under Chapter
78	78	1681.
79	79	SECTION 5. Section 7001.002, Insurance Code, is amended to
80	80	read as follows:
81	81	Sec. 7001.002. EXEMPTION. This chapter does not apply to a
82	82	program operator who is an insurer and who holds a certificate of
83	83	authority under Title 6, or a health care sharing ministry operated
84	84	under Chapter 1681.
85	85	SECTION 6. Chapter 7002, Insurance Code, is amended by
86	86	adding Section 7002.004 to read as follows:
87	87	Sec. 7002.004. EXEMPTION. This chapter does not apply to a
88	88	health care sharing ministry operated under Chapter 1681.
89	89	SECTION 7. This Act takes effect immediately if it receives
90	90	a vote of two-thirds of all the members elected to each house, as
91	91	provided by Section 39, Article III, Texas Constitution. If this
92	92	Act does not receive the vote necessary for immediate effect, this
93	93	Act takes effect September 1, 2013.