Texas 2019 86th Regular

Texas Senate Bill SB437 Comm Sub / Bill

Filed 05/15/2019

                    By: Nelson S.B. No. 437
 (Price, Sheffield, Minjarez, Rose, VanDeaver)


 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.