Texas 2017 - 85th 1st C.S.

Texas Senate Bill SB8 Compare Versions

Version 1 (Old)

Version 2 (New)

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