1 | 1 | | 84R1526 PMO-D |
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2 | 2 | | By: Coleman, Morrison H.B. No. 2219 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to health benefit plan coverage for injuries related to |
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8 | 8 | | certain conduct of a covered individual. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Subtitle E, Title 8, Insurance Code, is amended |
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11 | 11 | | by adding Chapter 1380 to read as follows: |
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12 | 12 | | CHAPTER 1380. COVERAGE RELATING TO INJURIES RELATED TO CERTAIN |
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13 | 13 | | CONDUCT |
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14 | 14 | | Sec. 1380.001. APPLICABILITY OF CHAPTER. (a) This chapter |
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15 | 15 | | applies only to a health benefit plan that provides benefits for |
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16 | 16 | | medical or surgical expenses incurred as a result of a health |
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17 | 17 | | condition, accident, or sickness, including an individual, group, |
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18 | 18 | | blanket, or franchise insurance policy or insurance agreement, a |
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19 | 19 | | group hospital service contract, or an individual or group evidence |
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20 | 20 | | of coverage or similar coverage document that is offered by: |
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21 | 21 | | (1) an insurance company; |
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22 | 22 | | (2) a group hospital service corporation operating |
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23 | 23 | | under Chapter 842; |
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24 | 24 | | (3) a health maintenance organization operating under |
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25 | 25 | | Chapter 843; |
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26 | 26 | | (4) an approved nonprofit health corporation that |
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27 | 27 | | holds a certificate of authority under Chapter 844; |
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28 | 28 | | (5) a multiple employer welfare arrangement that holds |
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29 | 29 | | a certificate of authority under Chapter 846; |
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30 | 30 | | (6) a stipulated premium company operating under |
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31 | 31 | | Chapter 884; |
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32 | 32 | | (7) a fraternal benefit society operating under |
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33 | 33 | | Chapter 885; or |
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34 | 34 | | (8) an exchange operating under Chapter 942. |
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35 | 35 | | (b) Notwithstanding Section 1501.251 or any other law, this |
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36 | 36 | | chapter applies to coverage under a small employer health benefit |
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37 | 37 | | plan subject to Chapter 1501. |
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38 | 38 | | (c) This chapter applies to a consumer choice of benefits |
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39 | 39 | | plan issued under Chapter 1507. |
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40 | 40 | | Sec. 1380.002. CONDITIONAL EXCEPTION. This chapter does |
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41 | 41 | | not apply to a qualified health plan if a determination is made |
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42 | 42 | | under 45 C.F.R. Section 155.170 that: |
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43 | 43 | | (1) this chapter requires the plan to offer benefits |
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44 | 44 | | in addition to the essential health benefits required under 42 |
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45 | 45 | | U.S.C. Section 18022(b); and |
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46 | 46 | | (2) this state is required to defray the cost of the |
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47 | 47 | | benefits mandated under this chapter. |
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48 | 48 | | Sec. 1380.003. EXCLUSION OF COVERAGE PROHIBITED. (a) A |
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49 | 49 | | health benefit plan may not exclude coverage for any emergency or |
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50 | 50 | | other medical, hospital, or surgical expenses incurred by a covered |
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51 | 51 | | individual as a result of and related to an injury that is |
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52 | 52 | | self-inflicted or caused in an attempt to commit suicide, |
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53 | 53 | | regardless of: |
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54 | 54 | | (1) the individual's state of mental health; or |
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55 | 55 | | (2) whether the injury results in the individual's |
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56 | 56 | | death. |
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57 | 57 | | (b) Coverage required under this chapter may be subject to |
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58 | 58 | | deductibles, copayments, coinsurance, or annual or maximum payment |
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59 | 59 | | limits that are consistent with deductibles, copayments, |
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60 | 60 | | coinsurance, or annual or maximum payment limits applicable to |
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61 | 61 | | other similar coverage under the health benefit plan. |
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62 | 62 | | Sec. 1380.004. RULES. The commissioner shall adopt rules |
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63 | 63 | | necessary to implement this chapter. |
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64 | 64 | | SECTION 2. The change in law made by this Act applies only |
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65 | 65 | | to a health benefit plan that is delivered, issued for delivery, or |
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66 | 66 | | renewed on or after January 1, 2016. A health benefit plan that is |
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67 | 67 | | delivered, issued for delivery, or renewed before January 1, 2016, |
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68 | 68 | | is governed by the law as it existed immediately before the |
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69 | 69 | | effective date of this Act, and that law is continued in effect for |
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70 | 70 | | that purpose. |
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71 | 71 | | SECTION 3. This Act takes effect September 1, 2015. |
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