Texas 2017 - 85th 1st C.S.

Texas House Bill HB214 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 214
	1	+	By: Smithee, et al. (Senate Sponsor - Creighton) H.B. No. 214
	2	+	(In the Senate - Received from the House August 9, 2017;
	3	+	August 9, 2017, read first time and referred to Committee on
	4	+	Business & Commerce; August 11, 2017, reported favorably by the
	5	+	following vote: Yeas 6, Nays 2; August 11, 2017, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to health plan and health benefit plan coverage for
6	12		elective abortion.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Title 8, Insurance Code, is amended by adding
9	15		Subtitle M to read as follows:
10	16		SUBTITLE M. FEDERAL PATIENT PROTECTION AND AFFORDABLE CARE ACT
11	17		CHAPTER 1695. LEGISLATIVE CONSIDERATIONS
12	18		Sec. 1695.001. CONSTITUTIONALITY OF PATIENT PROTECTION AND
13	19		AFFORDABLE CARE ACT. This subtitle does not constitute an
14	20		acknowledgment by the legislature of the legitimacy of the Patient
15	21		Protection and Affordable Care Act (Pub. L. No. 111-148) as a
16	22		constitutional exercise of the power of the United States Congress.
17	23		CHAPTER 1696. COVERAGE FOR ELECTIVE ABORTION; PROHIBITIONS AND
18	24		REQUIREMENTS
19	25		Sec. 1696.001. DEFINITIONS. In this chapter:
20	26		(1) "Elective abortion" means an abortion, as defined
21	27		by Section 245.002, Health and Safety Code, other than an abortion
22	28		performed due to a medical emergency as defined by Section 171.002,
23	29		Health and Safety Code.
24	30		(2) "Health benefit exchange" means an American Health
25	31		Benefit Exchange administered by the federal government or created
26	32		under Section 1311(b) of the Patient Protection and Affordable Care
27	33		Act (42 U.S.C. Section 18031(b)).
28	34		(3) "Qualified health plan" has the meaning assigned
29	35		by Section 1301(a) of the Patient Protection and Affordable Care
30	36		Act (42 U.S.C. Section 18021(a)).
31	37		Sec. 1696.002. PROHIBITED COVERAGE THROUGH HEALTH BENEFIT
32	38		EXCHANGE. (a) A qualified health plan offered through a health
33	39		benefit exchange may not provide coverage for elective abortion.
34	40		(b) This section does not prevent a person from purchasing
35	41		optional or supplemental coverage for elective abortion under a
36	42		health benefit plan other than a qualified health plan offered
37	43		through a health benefit exchange.
38	44		SECTION 2. Subtitle A, Title 8, Insurance Code, is amended
39	45		by adding Chapter 1218 to read as follows:
40	46		CHAPTER 1218. COVERAGE FOR ELECTIVE ABORTION; PROHIBITIONS AND
41	47		REQUIREMENTS
42	48		Sec. 1218.001. DEFINITION. In this chapter, "elective
43	49		abortion" means an abortion, as defined by Section 245.002, Health
44	50		and Safety Code, other than an abortion performed due to a medical
45	51		emergency as defined by Section 171.002, Health and Safety Code.
46	52		Sec. 1218.002. APPLICABILITY OF CHAPTER. (a) This chapter
47	53		applies only to a health benefit plan that provides benefits for
48	54		medical or surgical expenses incurred as a result of a health
49	55		condition, accident, or sickness, including an individual, group,
50	56		blanket, or franchise insurance policy or insurance agreement, a
51	57		group hospital service contract, or an individual or group evidence
52	58		of coverage or similar coverage document that is offered by:
53	59		(1) an insurance company;
54	60		(2) a group hospital service corporation operating
55	61		under Chapter 842;
56	62		(3) a fraternal benefit society operating under
57	63		Chapter 885;
58	64		(4) a stipulated premium company operating under
59	65		Chapter 884;
60	66		(5) an exchange operating under Chapter 942;
61	67		(6) a health maintenance organization operating under
62	68		Chapter 843;
63	69		(7) a multiple employer welfare arrangement that holds
64	70		a certificate of authority under Chapter 846; or
65	71		(8) an approved nonprofit health corporation that
66	72		holds a certificate of authority under Chapter 844.
67	73		(b) This chapter applies to group health coverage made
68	74		available by a school district in accordance with Section 22.004,
69	75		Education Code.
70	76		(c) Notwithstanding any provision in Chapter 1551, 1575,
71	77		1579, or 1601 or any other law, this chapter applies to:
72	78		(1) a basic coverage plan under Chapter 1551;
73	79		(2) a basic plan under Chapter 1575;
74	80		(3) a primary care coverage plan under Chapter 1579;
75	81		and
76	82		(4) basic coverage under Chapter 1601.
77	83		(d) Notwithstanding Section 1501.251 or any other law, this
78	84		chapter applies to coverage under a small or large employer health
79	85		benefit plan subject to Chapter 1501.
80	86		(e) Notwithstanding Section 1507.003 or 1507.053 or any
81	87		other law, this chapter applies to a standard health benefit plan
82	88		provided under Chapter 1507.
83	89		Sec. 1218.003. CERTAIN COVERAGE NOT AFFECTED. This chapter
84	90		does not apply to health benefit plan coverage provided to an
85	91		enrollee for any abortion other than an elective abortion as
86	92		defined by Section 1218.001.
87	93		Sec. 1218.004. COVERAGE BY HEALTH BENEFIT PLAN. A health
88	94		benefit plan may provide coverage for elective abortion only if:
89	95		(1) the coverage is provided to an enrollee separately
90	96		from other health benefit plan coverage offered by the health
91	97		benefit plan issuer;
92	98		(2) the enrollee pays the premium for coverage for
93	99		elective abortion separately from, and in addition to, the premium
94	100		for other health benefit plan coverage, if any; and
95	101		(3) the enrollee provides a signature for coverage for
96	102		elective abortion, separately and distinct from the signature
97	103		required for other health benefit plan coverage, if any, provided
98	104		to the enrollee by the health benefit plan issuer.
99	105		Sec. 1218.005. CALCULATION OF PREMIUM. (a) A health
100	106		benefit plan issuer that provides coverage for elective abortion
101	107		shall calculate the premium for the coverage so that the premium
102	108		fully covers the estimated cost of elective abortion per enrollee,
103	109		determined on an actuarial basis.
104	110		(b) In calculating a premium under Subsection (a), the
105	111		health benefit plan issuer may not take into account any cost
106	112		savings in other health benefit plan coverage offered by the health
107	113		benefit plan issuer that is estimated to result from coverage for
108	114		elective abortion.
109	115		(c) A health benefit plan issuer may not provide a premium
110	116		discount to or reduce the premium for an enrollee for other health
111	117		benefit plan coverage on the basis that the enrollee has coverage
112	118		for elective abortion.
113	119		Sec. 1218.006. NOTICE BY ISSUER. A health benefit plan
114	120		issuer that provides coverage for elective abortion shall at the
115	121		time of enrollment in other health benefit plan coverage provide
116	122		each enrollee with a notice that:
117	123		(1) coverage for elective abortion is optional and
118	124		separate from other health benefit plan coverage offered by the
119	125		health benefit plan issuer;
120	126		(2) the premium cost for coverage for elective
121	127		abortion is a premium paid separately from, and in addition to, the
122	128		premium for other health benefit plan coverage offered by the
123	129		health benefit plan issuer; and
124	130		(3) the enrollee may enroll in a health benefit plan
125	131		without obtaining coverage for elective abortion.
126	132		SECTION 3. This Act applies only to a qualified health plan
127	133		offered through a health benefit exchange or a health benefit plan
128	134		that is delivered, issued for delivery, or renewed on or after April
129	135		1, 2018. A qualified health plan offered through a health benefit
130	136		exchange or a health benefit plan that is delivered, issued for
131	137		delivery, or renewed before April 1, 2018, is governed by the law as
132	138		it existed immediately before the effective date of this Act, and
133	139		that law is continued in effect for that purpose.
134	140		SECTION 4. This Act takes effect December 1, 2017.
135		-	______________________________ ______________________________
136		-	President of the Senate Speaker of the House
137		-	I certify that H.B. No. 214 was passed by the House on August
138		-	9, 2017, by the following vote: Yeas 92, Nays 46, 2 present, not
139		-	voting.
140		-	______________________________
141		-	Chief Clerk of the House
142		-	I certify that H.B. No. 214 was passed by the Senate on August
143		-	13, 2017, by the following vote: Yeas 20, Nays 10.
144		-	______________________________
145		-	Secretary of the Senate
146		-	APPROVED: _____________________
147		-	Date
148		-	_____________________
149		-	Governor
	141	+	* * * * *