Texas 2019 - 86th Regular

Texas House Bill HB3039 Compare Versions

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11 86R11313 JES-D
22 By: Turner of Tarrant H.B. No. 3039
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to coverage for bacterial meningitis vaccinations under
88 certain health benefit plans.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subtitle E, Title 8, Insurance Code, is amended
1111 by adding Chapter 1380 to read as follows:
1212 CHAPTER 1380. COVERAGE FOR BACTERIAL MENINGITIS VACCINATION
1313 Sec. 1380.0001. APPLICABILITY OF CHAPTER. (a) This
1414 chapter applies only to a health benefit plan that provides
1515 benefits for medical or surgical expenses incurred as a result of a
1616 health condition, accident, or sickness, including an individual,
1717 group, blanket, or franchise insurance policy or insurance
1818 agreement, a group hospital service contract, or an individual or
1919 group evidence of coverage or similar coverage document that is
2020 offered by:
2121 (1) an insurance company;
2222 (2) a group hospital service corporation operating
2323 under Chapter 842;
2424 (3) a health maintenance organization operating under
2525 Chapter 843;
2626 (4) an approved nonprofit health corporation that
2727 holds a certificate of authority under Chapter 844;
2828 (5) a multiple employer welfare arrangement that holds
2929 a certificate of authority under Chapter 846;
3030 (6) a stipulated premium company operating under
3131 Chapter 884;
3232 (7) a fraternal benefit society operating under
3333 Chapter 885;
3434 (8) a Lloyd's plan operating under Chapter 941; or
3535 (9) an exchange operating under Chapter 942.
3636 (b) Notwithstanding any other law, this chapter applies to:
3737 (1) a small employer health benefit plan subject to
3838 Chapter 1501, including coverage provided through a health group
3939 cooperative under Subchapter B of that chapter;
4040 (2) a standard health benefit plan issued under
4141 Chapter 1507;
4242 (3) a basic coverage plan under Chapter 1551;
4343 (4) a basic plan under Chapter 1575;
4444 (5) a primary care coverage plan under Chapter 1579;
4545 (6) a plan providing basic coverage under Chapter
4646 1601;
4747 (7) health benefits provided by or through a church
4848 benefits board under Subchapter I, Chapter 22, Business
4949 Organizations Code;
5050 (8) group health coverage made available by a school
5151 district in accordance with Section 22.004, Education Code;
5252 (9) the state Medicaid program, including the Medicaid
5353 managed care program operated under Chapter 533, Government Code;
5454 (10) the child health plan program under Chapter 62,
5555 Health and Safety Code;
5656 (11) a regional or local health care program operated
5757 under Section 75.104, Health and Safety Code;
5858 (12) a self-funded health benefit plan sponsored by a
5959 professional employer organization under Chapter 91, Labor Code;
6060 (13) county employee group health benefits provided
6161 under Chapter 157, Local Government Code; and
6262 (14) health and accident coverage provided by a risk
6363 pool created under Chapter 172, Local Government Code.
6464 (c) This chapter applies to coverage under a group health
6565 benefit plan provided to a resident of this state regardless of
6666 whether the group policy, agreement, or contract is delivered,
6767 issued for delivery, or renewed in this state.
6868 (d) Notwithstanding any other law, this chapter applies to a
6969 health benefit plan under which the coverage period is more than 90
7070 days and less than 12 months in duration.
7171 Sec. 1380.0002. EXCEPTIONS. (a) This chapter does not
7272 apply to:
7373 (1) a plan that provides coverage:
7474 (A) for wages or payments in lieu of wages for a
7575 period during which an employee is absent from work because of
7676 sickness or injury;
7777 (B) as a supplement to a liability insurance
7878 policy;
7979 (C) for credit insurance;
8080 (D) only for dental or vision care;
8181 (E) only for hospital expenses; or
8282 (F) only for indemnity for hospital confinement;
8383 (2) a workers' compensation insurance policy; or
8484 (3) medical payment insurance coverage provided under
8585 a motor vehicle insurance policy.
8686 (b) This chapter does not apply to an individual health
8787 benefit plan issued on or before March 23, 2010, that has not had
8888 any significant changes since that date that reduce benefits or
8989 increase costs to the individual.
9090 Sec. 1380.0003. COVERAGE REQUIRED. (a) A health benefit
9191 plan must include coverage for all bacterial meningitis
9292 vaccinations recommended under generally accepted standards of
9393 medical practice, including any booster doses of the vaccine.
9494 (b) Coverage required by this section may not be less
9595 favorable than coverage for immunizations under Subchapter B,
9696 Chapter 1367.
9797 SECTION 2. If before implementing any provision of this Act
9898 a state agency determines that a waiver or authorization from a
9999 federal agency is necessary for implementation of that provision,
100100 the agency affected by the provision shall request the waiver or
101101 authorization and may delay implementing that provision until the
102102 waiver or authorization is granted.
103103 SECTION 3. Chapter 1380, Insurance Code, as added by this
104104 Act, applies only to a health benefit plan that is delivered, issued
105105 for delivery, or renewed on or after January 1, 2020.
106106 SECTION 4. This Act takes effect September 1, 2019.