| 1 | 1 | | 86R9995 PMO-D |
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| 2 | 2 | | By: Zaffirini S.B. No. 1421 |
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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 methods of notice from certain health benefit plan |
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| 8 | 8 | | issuers. |
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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. Subchapter F, Chapter 843, Insurance Code, is |
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| 11 | 11 | | amended by adding Section 843.212 to read as follows: |
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| 12 | 12 | | Sec. 843.212. NOTICE BY E-MAIL OR TEXT MESSAGE. (a) A |
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| 13 | 13 | | health maintenance organization shall provide each enrollee the |
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| 14 | 14 | | option to receive by e-mail or text message any notice required |
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| 15 | 15 | | under this chapter or Chapter 1369 or by rule of the commissioner. |
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| 16 | 16 | | (b) A notice sent to an enrollee under this section must |
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| 17 | 17 | | include an electronic link to a web page on a website maintained by |
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| 18 | 18 | | the health maintenance organization. The web page must include the |
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| 19 | 19 | | information required for the notice in the form prescribed by |
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| 20 | 20 | | statute or by rule of the commissioner. |
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| 21 | 21 | | (c) Notwithstanding any provision of this chapter, Chapter |
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| 22 | 22 | | 1369, or any other law, if an enrollee elects to receive notice by |
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| 23 | 23 | | e-mail or text message under this section, the health maintenance |
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| 24 | 24 | | organization is not required to mail to the enrollee a notice |
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| 25 | 25 | | required by this chapter or Chapter 1369 or by rule of the |
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| 26 | 26 | | commissioner. |
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| 27 | 27 | | SECTION 2. Subchapter A, Chapter 1301, Insurance Code, is |
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| 28 | 28 | | amended by adding Section 1301.010 to read as follows: |
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| 29 | 29 | | Sec. 1301.010. NOTICE BY E-MAIL OR TEXT MESSAGE. (a) An |
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| 30 | 30 | | insurer shall provide each insured the option to receive by e-mail |
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| 31 | 31 | | or text message any notice required under this chapter or Chapter |
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| 32 | 32 | | 1369 or by rule of the commissioner. |
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| 33 | 33 | | (b) A notice sent to an insured under this section must |
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| 34 | 34 | | include an electronic link to a web page on a website maintained by |
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| 35 | 35 | | the insurer. The web page must include the information required for |
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| 36 | 36 | | the notice in the form prescribed by statute or by rule of the |
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| 37 | 37 | | commissioner. |
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| 38 | 38 | | (c) Notwithstanding any provision of this chapter, Chapter |
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| 39 | 39 | | 1369, or any other law, if an insured elects to receive notice by |
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| 40 | 40 | | e-mail or text message under this section, the insurer is not |
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| 41 | 41 | | required to mail to the insured a notice required by this chapter or |
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| 42 | 42 | | Chapter 1369 or by rule of the commissioner. |
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| 43 | 43 | | SECTION 3. The change in law made by this Act applies only |
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| 44 | 44 | | to a health benefit plan that is delivered, issued for delivery, or |
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| 45 | 45 | | renewed on or after January 1, 2020. |
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| 46 | 46 | | SECTION 4. This Act takes effect September 1, 2019. |
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