86R12252 SCL-F
By: Zaffirini S.B. No. 1896
A BILL TO BE ENTITLED
AN ACT
relating to alternate health benefit plan contact information for
victims of family violence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 8, Insurance Code, is amended
by adding Chapter 1222 to read as follows:
CHAPTER 1222. ALTERNATE CONTACT INFORMATION FOR VICTIMS OF FAMILY
VIOLENCE
Sec. 1222.0001. DEFINITIONS. In this chapter:
(1) "Family violence" has the meaning assigned by
Section 71.004, Family Code.
(2) "Health benefit plan" means a plan to which this
chapter applies under Section 1222.0002.
(3) "Health benefit plan issuer" means an entity
authorized under this code or another insurance law of this state
that provides health insurance or health benefits in this state.
(4) "Protective order" has the meaning assigned by
Section 88.002, Family Code.
Sec. 1222.0002. APPLICABILITY OF CHAPTER. (a) This
chapter applies only to a health benefit plan that provides
benefits for medical or surgical expenses incurred as a result of a
health condition, accident, or sickness, including an individual,
group, blanket, or franchise insurance policy or insurance
agreement, a group hospital service contract, or an individual or
group evidence of coverage or similar coverage document that is
issued by:
(1) an insurance company;
(2) a group hospital service corporation operating
under Chapter 842;
(3) a health maintenance organization operating under
Chapter 843;
(4) an approved nonprofit health corporation that
holds a certificate of authority under Chapter 844;
(5) a multiple employer welfare arrangement that holds
a certificate of authority under Chapter 846;
(6) a stipulated premium company operating under
Chapter 884;
(7) a fraternal benefit society operating under
Chapter 885;
(8) a Lloyd's plan operating under Chapter 941; or
(9) an exchange operating under Chapter 942.
(b) Notwithstanding any other law, this chapter applies to:
(1) a small employer health benefit plan subject to
Chapter 1501, including coverage provided through a health group
cooperative under Subchapter B of that chapter;
(2) a standard health benefit plan issued under
Chapter 1507;
(3) a basic coverage plan under Chapter 1551;
(4) a basic plan under Chapter 1575;
(5) a primary care coverage plan under Chapter 1579;
(6) a plan providing basic coverage under Chapter
1601;
(7) health benefits provided by or through a church
benefits board under Subchapter I, Chapter 22, Business
Organizations Code;
(8) group health coverage made available by a school
district in accordance with Section 22.004, Education Code;
(9) the state Medicaid program, including the Medicaid
managed care program operated under Chapter 533, Government Code;
(10) the child health plan program under Chapter 62,
Health and Safety Code;
(11) a regional or local health care program operated
under Section 75.104, Health and Safety Code;
(12) a self-funded health benefit plan sponsored by a
professional employer organization under Chapter 91, Labor Code;
(13) county employee group health benefits provided
under Chapter 157, Local Government Code; and
(14) health and accident coverage provided by a risk
pool created under Chapter 172, Local Government Code.
Sec. 1222.0003. APPLICATION FOR ALTERNATE CONTACT
INFORMATION. (a) An individual who is a victim of family violence
and who is a covered dependent in a health benefit plan may apply to
the health benefit plan issuer to designate an alternate mailing
address, telephone number, or other contact information necessary
for billing or claims purposes for the individual and each other
covered dependent named in the application.
(b) An application described by Subsection (a) must
include:
(1) a valid protective order issued in this state
against the policyholder or certificate holder of the individual's
health benefit plan; or
(2) a signed affidavit stating that:
(A) the individual is a victim of family
violence; and
(B) the disclosure of the alternate contact
information provided in the application would endanger the
individual.
(c) A health benefit plan issuer who receives a completed
application under Subsection (a) shall grant the application and
authorize the individual to have alternate contact information for
the individual and each dependent named in the application.
Sec. 1222.0004. DISCLOSURE OF ALTERNATE CONTACT
INFORMATION. A health benefit plan issuer may not disclose the
alternate contact information provided in an application described
by Section 1222.0003 to the policyholder or certificate holder of
the individual's health benefit plan unless the individual consents
to the disclosure in writing. The issuer shall ensure that any
health care provider providing services under the plan does not
disclose the information in accordance with this section.
Sec. 1222.0005. RULES. The commissioner, in consultation
with the Health and Human Services Commission and the Department of
Family and Protective Services, shall adopt rules to guide and
enable health benefit plan issuers to protect the alternate contact
information provided to issuers under this chapter.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.