Texas 2021 - 87th Regular

Texas House Bill HB1854 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R2994 MWC-D
2		-	By: Anchia~~, Bonnen, Shine~~ H.B. No. 1854
	2	+	By: Anchia H.B. No. 1854
3	3
4	4
5	5		A BILL TO BE ENTITLED
6	6		AN ACT
7	7		relating to insurance coverage for the disposition of embryonic and
8	8		fetal tissue remains.
9	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10		SECTION 1. Title 9, Insurance Code, is amended by adding
11	11		Chapter 1702 to read as follows:
12	12		CHAPTER 1702. CERTAIN COVERAGE REQUIRED FOR DISPOSITION OF
13	13		EMBRYONIC AND FETAL TISSUE REMAINS
14	14		Sec. 1702.0001. APPLICABILITY. (a) This chapter applies
15	15		to any issuer, sponsor, trustee, or third-party administrator of
16	16		any insurance policy, annuity or other contract, or group benefit
17	17		plan that provides a death benefit payable for the costs of
18	18		cremation or burial of a child of a named insured or beneficiary,
19	19		including:
20	20		(1) an insurance company operating under Chapter 841;
21	21		(2) a statewide mutual assessment company operating
22	22		under Chapter 881;
23	23		(3) a mutual life insurance company operating under
24	24		Chapter 882;
25	25		(4) a stipulated premium insurance company operating
26	26		under Chapter 884;
27	27		(5) a fraternal benefit society operating under
28	28		Chapter 885;
29	29		(6) a local mutual aid association operating under
30	30		Chapter 886;
31	31		(7) a burial association operating under Chapter 888;
32	32		(8) an employer or other group benefit plan sponsor,
33	33		regardless of whether the death benefit is provided through an
34	34		insurance policy or is self-insured;
35	35		(9) a voluntary association that holds a group life
36	36		insurance policy under Chapter 1578;
37	37		(10) a third-party administrator under Chapter 4151
38	38		for group benefits that include a death benefit; and
39	39		(11) a trustee of a trust-funded prepaid funeral
40	40		benefits contract regulated under Subchapter F, Chapter 154,
41	41		Finance Code.
42	42		(b) This chapter applies to a health benefit plan that
43	43		provides benefits for medical or surgical expenses incurred as a
44	44		result of a health condition, accident, or sickness, including an
45	45		individual, group, blanket, or franchise insurance policy or
46	46		insurance agreement, a group hospital service contract, or an
47	47		individual or group evidence of coverage or similar coverage
48	48		document that is issued in this state by:
49	49		(1) an insurance company;
50	50		(2) a group hospital service corporation operating
51	51		under Chapter 842;
52	52		(3) a health maintenance organization operating under
53	53		Chapter 843;
54	54		(4) an approved nonprofit health corporation that
55	55		holds a certificate of authority under Chapter 844;
56	56		(5) a multiple employer welfare arrangement that holds
57	57		a certificate of authority under Chapter 846;
58	58		(6) a stipulated premium company operating under
59	59		Chapter 884;
60	60		(7) a fraternal benefit society operating under
61	61		Chapter 885;
62	62		(8) a Lloyd's plan operating under Chapter 941; or
63	63		(9) an exchange operating under Chapter 942.
64	64		(c) Notwithstanding any other law, this chapter applies to:
65	65		(1) a small employer health benefit plan subject to
66	66		Chapter 1501, including coverage provided through a health group
67	67		cooperative under Subchapter B of that chapter;
68	68		(2) a standard health benefit plan issued under
69	69		Chapter 1507;
70	70		(3) health benefits provided by or through a church
71	71		benefits board under Subchapter I, Chapter 22, Business
72	72		Organizations Code;
73	73		(4) a regional or local health care program operated
74	74		under Section 75.104, Health and Safety Code; and
75	75		(5) a self-funded health benefit plan sponsored by a
76	76		professional employer organization under Chapter 91, Labor Code.
77	77		(d) This chapter does not apply to:
78	78		(1) a plan that provides coverage:
79	79		(A) for wages or payments in lieu of wages for a
80	80		period during which an employee is absent from work because of
81	81		sickness or injury;
82	82		(B) as a supplement to a liability insurance
83	83		policy;
84	84		(C) for credit insurance;
85	85		(D) only for dental or vision care;
86	86		(E) only for hospital expenses; or
87	87		(F) only for indemnity for hospital confinement;
88	88		(2) a Medicare supplemental policy as defined by
89	89		Section 1882(g)(1), Social Security Act (42 U.S.C. Section
90	90		1395ss(g)(1));
91	91		(3) a workers' compensation insurance policy;
92	92		(4) medical payment insurance coverage provided under
93	93		a motor vehicle insurance policy; or
94	94		(5) a long-term care policy, including a nursing home
95	95		fixed indemnity policy, unless the commissioner determines that the
96	96		policy provides benefit coverage so comprehensive that the policy
97	97		is a health benefit plan as described by Subsection (b) or (c).
98	98		Sec. 1702.0002. REQUIRED COVERAGE. (a) An entity to which
99	99		this chapter applies must provide a benefit or coverage for the cost
100	100		of disposition of embryonic and fetal tissue remains with a
101	101		post-fertilization age of 20 weeks or more.
102	102		(b) The manner of disposition for which coverage is required
103	103		by Subsection (a) includes:
104	104		(1) interment;
105	105		(2) cremation;
106	106		(3) incineration followed by interment; and
107	107		(4) steam disinfection followed by interment.
108	108		SECTION 2. Chapter 1702, Insurance Code, as added by this
109	109		Act, applies only to an insurance policy, evidence of coverage,
110	110		annuity or other contract, or group benefit plan that is delivered,
111	111		issued for delivery, or renewed on or after January 1, 2022. A
112	112		policy, evidence of coverage, annuity or other contract, or group
113	113		benefit plan delivered, issued for delivery, or renewed before
114	114		January 1, 2022, is governed by the law as it existed immediately
115	115		before the effective date of this Act, and that law is continued in
116	116		effect for that purpose.
117	117		SECTION 3. This Act takes effect September 1, 2021.