Texas 2019 - 86th Regular

Texas Senate Bill SB1896 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R12252 SCL-F
2	2	By: Zaffirini S.B. No. 1896
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to alternate health benefit plan contact information for
8	8	victims of family violence.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle A, Title 8, Insurance Code, is amended
11	11	by adding Chapter 1222 to read as follows:
12	12	CHAPTER 1222. ALTERNATE CONTACT INFORMATION FOR VICTIMS OF FAMILY
13	13	VIOLENCE
14	14	Sec. 1222.0001. DEFINITIONS. In this chapter:
15	15	(1) "Family violence" has the meaning assigned by
16	16	Section 71.004, Family Code.
17	17	(2) "Health benefit plan" means a plan to which this
18	18	chapter applies under Section 1222.0002.
19	19	(3) "Health benefit plan issuer" means an entity
20	20	authorized under this code or another insurance law of this state
21	21	that provides health insurance or health benefits in this state.
22	22	(4) "Protective order" has the meaning assigned by
23	23	Section 88.002, Family Code.
24	24	Sec. 1222.0002. APPLICABILITY OF CHAPTER. (a) This
25	25	chapter applies only to a health benefit plan that provides
26	26	benefits for medical or surgical expenses incurred as a result of a
27	27	health condition, accident, or sickness, including an individual,
28	28	group, blanket, or franchise insurance policy or insurance
29	29	agreement, a group hospital service contract, or an individual or
30	30	group evidence of coverage or similar coverage document that is
31	31	issued by:
32	32	(1) an insurance company;
33	33	(2) a group hospital service corporation operating
34	34	under Chapter 842;
35	35	(3) a health maintenance organization operating under
36	36	Chapter 843;
37	37	(4) an approved nonprofit health corporation that
38	38	holds a certificate of authority under Chapter 844;
39	39	(5) a multiple employer welfare arrangement that holds
40	40	a certificate of authority under Chapter 846;
41	41	(6) a stipulated premium company operating under
42	42	Chapter 884;
43	43	(7) a fraternal benefit society operating under
44	44	Chapter 885;
45	45	(8) a Lloyd's plan operating under Chapter 941; or
46	46	(9) an exchange operating under Chapter 942.
47	47	(b) Notwithstanding any other law, this chapter applies to:
48	48	(1) a small employer health benefit plan subject to
49	49	Chapter 1501, including coverage provided through a health group
50	50	cooperative under Subchapter B of that chapter;
51	51	(2) a standard health benefit plan issued under
52	52	Chapter 1507;
53	53	(3) a basic coverage plan under Chapter 1551;
54	54	(4) a basic plan under Chapter 1575;
55	55	(5) a primary care coverage plan under Chapter 1579;
56	56	(6) a plan providing basic coverage under Chapter
57	57	1601;
58	58	(7) health benefits provided by or through a church
59	59	benefits board under Subchapter I, Chapter 22, Business
60	60	Organizations Code;
61	61	(8) group health coverage made available by a school
62	62	district in accordance with Section 22.004, Education Code;
63	63	(9) the state Medicaid program, including the Medicaid
64	64	managed care program operated under Chapter 533, Government Code;
65	65	(10) the child health plan program under Chapter 62,
66	66	Health and Safety Code;
67	67	(11) a regional or local health care program operated
68	68	under Section 75.104, Health and Safety Code;
69	69	(12) a self-funded health benefit plan sponsored by a
70	70	professional employer organization under Chapter 91, Labor Code;
71	71	(13) county employee group health benefits provided
72	72	under Chapter 157, Local Government Code; and
73	73	(14) health and accident coverage provided by a risk
74	74	pool created under Chapter 172, Local Government Code.
75	75	Sec. 1222.0003. APPLICATION FOR ALTERNATE CONTACT
76	76	INFORMATION. (a) An individual who is a victim of family violence
77	77	and who is a covered dependent in a health benefit plan may apply to
78	78	the health benefit plan issuer to designate an alternate mailing
79	79	address, telephone number, or other contact information necessary
80	80	for billing or claims purposes for the individual and each other
81	81	covered dependent named in the application.
82	82	(b) An application described by Subsection (a) must
83	83	include:
84	84	(1) a valid protective order issued in this state
85	85	against the policyholder or certificate holder of the individual's
86	86	health benefit plan; or
87	87	(2) a signed affidavit stating that:
88	88	(A) the individual is a victim of family
89	89	violence; and
90	90	(B) the disclosure of the alternate contact
91	91	information provided in the application would endanger the
92	92	individual.
93	93	(c) A health benefit plan issuer who receives a completed
94	94	application under Subsection (a) shall grant the application and
95	95	authorize the individual to have alternate contact information for
96	96	the individual and each dependent named in the application.
97	97	Sec. 1222.0004. DISCLOSURE OF ALTERNATE CONTACT
98	98	INFORMATION. A health benefit plan issuer may not disclose the
99	99	alternate contact information provided in an application described
100	100	by Section 1222.0003 to the policyholder or certificate holder of
101	101	the individual's health benefit plan unless the individual consents
102	102	to the disclosure in writing. The issuer shall ensure that any
103	103	health care provider providing services under the plan does not
104	104	disclose the information in accordance with this section.
105	105	Sec. 1222.0005. RULES. The commissioner, in consultation
106	106	with the Health and Human Services Commission and the Department of
107	107	Family and Protective Services, shall adopt rules to guide and
108	108	enable health benefit plan issuers to protect the alternate contact
109	109	information provided to issuers under this chapter.
110	110	SECTION 2. This Act takes effect immediately if it receives
111	111	a vote of two-thirds of all the members elected to each house, as
112	112	provided by Section 39, Article III, Texas Constitution. If this
113	113	Act does not receive the vote necessary for immediate effect, this
114	114	Act takes effect September 1, 2019.