By: Nelson S.B. No. 437
A BILL TO BE ENTITLED
AN ACT
relating to prohibited practices by a life insurance company
relating to an individual's prescription for or obtainment of an
opioid antagonist.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 1101, Insurance Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. PROHIBITED PRACTICES RELATING TO PRESCRIPTION FOR OR
OBTAINMENT OF OPIOID ANTAGONIST
Sec. 1101.201. DEFINITION. In this subchapter, "opioid
antagonist" means any drug that binds to opioid receptors and
blocks or otherwise inhibits the effects of opioids acting on those
receptors to reverse the effects of an opioid overdose.
Sec. 1101.202. APPLICABILITY OF SUBCHAPTER. This
subchapter applies to a life insurance policy:
(1) issued or delivered in this state; or
(2) issued by a life insurance company organized in
this state.
Sec. 1101.203. PROHIBITION. A life insurance company may
not, based solely on whether an individual has been prescribed or
has obtained through a standing order an opioid antagonist:
(1) deny coverage to the individual;
(2) limit the amount, extent, or kind of coverage
available to the individual; or
(3) charge the individual or a group to which the
individual belongs a rate that is different from the rate charged to
other individuals or groups, respectively, for the same coverage,
unless the charge is based on sound underwriting or actuarial
principles reasonably related to actual or anticipated loss
experience for a particular risk.
SECTION 2. This Act takes effect September 1, 2019.