83R7057 MEW-D
By: Davis S.B. No. 943
A BILL TO BE ENTITLED
AN ACT
relating to health benefit plan coverage of hearing aids for
certain individuals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 1367, Insurance Code, is amended by
adding Subchapter F to read as follows:
SUBCHAPTER F. HEARING AIDS
Sec. 1367.251. APPLICABILITY OF SUBCHAPTER. (a) This
subchapter applies only to a health benefit plan that provides
benefits for medical or surgical expenses incurred as a result of a
health condition, accident, or sickness, including an individual,
group, blanket, or franchise insurance policy or insurance
agreement, a group hospital service contract, or an individual or
group evidence of coverage or similar coverage document that is
offered by:
(1) an insurance company;
(2) a group hospital service corporation operating
under Chapter 842;
(3) a fraternal benefit society operating under
Chapter 885;
(4) a Lloyd's plan operating under Chapter 941;
(5) a stipulated premium insurance company operating
under Chapter 884;
(6) a reciprocal exchange operating under Chapter 942;
(7) a health maintenance organization operating under
Chapter 843;
(8) a multiple employer welfare arrangement that holds
a certificate of authority under Chapter 846; or
(9) an approved nonprofit health corporation that
holds a certificate of authority under Chapter 844.
(b) This subchapter applies to a small employer health
benefit plan written under Chapter 1501.
(c) This subchapter applies to group health coverage made
available by a school district in accordance with Section 22.004,
Education Code.
(d) Notwithstanding Section 172.014, Local Government Code,
or any other law, this subchapter applies to health and accident
coverage provided by a risk pool created under Chapter 172, Local
Government Code.
(e) Notwithstanding any provision in Chapter 1551, 1575,
1579, or 1601 or any other law, this subchapter applies to:
(1) a basic coverage plan under Chapter 1551;
(2) a basic plan under Chapter 1575;
(3) a primary care coverage plan under Chapter 1579;
and
(4) basic coverage under Chapter 1601.
(f) Notwithstanding any other law, a standard health
benefit plan provided under Chapter 1507 must provide the coverage
required by this subchapter.
Sec. 1367.252. EXCEPTION. This subchapter does not apply
to:
(1) a plan that provides coverage:
(A) for wages or payments in lieu of wages for a
period during which an employee is absent from work because of
sickness or injury;
(B) as a supplement to a liability insurance
policy;
(C) for credit insurance;
(D) only for dental or vision care;
(E) only for hospital expenses; or
(F) only for indemnity for hospital confinement;
(2) a Medicare supplemental policy as defined by
Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss);
(3) a workers' compensation insurance policy;
(4) medical payment insurance coverage provided under
a motor vehicle insurance policy;
(5) a long-term care policy, including a nursing home
fixed indemnity policy, unless the commissioner determines that the
policy provides benefit coverage so comprehensive that the policy
is a health benefit plan as described by Section 1367.251;
(6) a Medicaid managed care program operated under
Chapter 533, Government Code; or
(7) a Medicaid program operated under Chapter 32,
Human Resources Code.
Sec. 1367.253. COVERAGE REQUIRED. (a) A health benefit
plan that provides coverage for a child who is 18 years of age or
younger must provide coverage for the cost of a hearing aid if the
child suffers from hearing loss or impairment that cannot be
corrected by a medical procedure covered in the child's health
benefit plan.
(b) Coverage required under this section is limited to one
hearing aid in each ear every three years.
(c) Coverage required under this section:
(1) may not be less favorable than coverage for
physical illness generally under the plan; and
(2) must be subject to the same durational limits,
dollar limits, deductibles, and coinsurance factors as coverage for
physical illness generally under the plan.
SECTION 2. The change in law made by this Act applies only
to a health benefit plan delivered, issued for delivery, or renewed
on or after January 1, 2014. A health benefit plan 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.