86R16248 SCL-D
By: Swanson H.B. No. 4523
A BILL TO BE ENTITLED
AN ACT
relating to prohibited actions regarding health benefit plan
coverage for enrollees who refuse to have an abortion; providing
civil penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 1454, Insurance Code, is
amended by adding Section 1454.003 to read as follows:
Sec. 1454.003. LOSS OF COVERAGE FOR ABORTION REFUSAL
PROHIBITED. (a) A health benefit plan issuer may not condition
continued health benefit coverage for an enrollee on the enrollee
having or require the enrollee to have an abortion regardless of
whether a physician or health care practitioner has diagnosed the
enrollee's unborn child as unviable or having a fetal abnormality.
(b) The attorney general shall monitor enforcement of this
section and establish a complaint system for a person to report a
violation of this section. The attorney general shall notify the
department of a valid complaint.
(c) In addition to a sanction under Chapter 82, an
administrative penalty under Chapter 84, or any other enforcement
authorized under Subtitle B, Title 2, a health benefit plan issuer
that violates this section is subject to a civil penalty in an
amount of not more than $1,000 for each violation and for each day
of a continuing violation. The attorney general may recover
reasonable attorney's fees and costs incurred in bringing a suit to
recover the civil penalty.
SECTION 2. The heading to Chapter 1696, Insurance Code, is
amended to read as follows:
CHAPTER 1696. COVERAGE FOR AND REQUIREMENT TO HAVE ELECTIVE
ABORTION; PROHIBITIONS AND REQUIREMENTS
SECTION 3. Chapter 1696, Insurance Code, is amended by
adding Section 1696.003 to read as follows:
Sec. 1696.003. LOSS OF COVERAGE FOR ABORTION REFUSAL
PROHIBITED. (a) An issuer of a qualified plan offered through a
health benefit exchange may not condition continued health benefit
coverage for an enrollee on the enrollee having or require the
enrollee to have an abortion regardless of whether a physician or
health care practitioner has diagnosed the enrollee's unborn child
as unviable or having a fetal abnormality.
(b) The attorney general shall monitor enforcement of this
section and establish a complaint system for a person to report a
violation of this section. The attorney general shall notify the
department of a valid complaint.
(c) In addition to a sanction under Chapter 82, an
administrative penalty under Chapter 84, or any other enforcement
authorized under Subtitle B, Title 2, an issuer of a qualified plan
offered through a health benefit exchange that violates this
section is subject to a civil penalty in an amount of not more than
$1,000 for each violation and for each day of a continuing
violation. The attorney general may recover reasonable attorney's
fees and costs incurred in bringing a suit to recover the civil
penalty.
SECTION 4. The changes in law made by this Act apply only to
a health benefit or qualified plan delivered, issued for delivery,
or renewed on or after January 1, 2020.
SECTION 5. This Act takes effect September 1, 2019.