87R7573 MWC-D
By: Meza H.B. No. 2753
A BILL TO BE ENTITLED
AN ACT
relating to coverage for conversion therapy by a health benefit
plan offered by a public employer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle E, Title 8, Insurance Code, is amended
by adding Chapter 1381 to read as follows:
CHAPTER 1381. PROHIBITION ON COVERAGE OF CONVERSION THERAPY
Sec. 1381.001. DEFINITIONS. In this chapter:
(1) "Conversion therapy" means a practice or treatment
provided to a person by a health care provider or nonprofit
organization that seeks to:
(A) change the person's sexual orientation,
including by attempting to change the person's behavior or gender
identity or expression; or
(B) eliminate or reduce the person's sexual or
romantic attractions or feelings toward individuals of the same
sex.
(2) "Gender identity or expression" means a person's
having, or being perceived as having, a gender-related identity,
appearance, expression, or behavior, whether or not that identity,
appearance, expression, or behavior is different from that commonly
associated with the person's assigned sex at birth.
(3) "Public employer" has the meaning assigned by
Section 619.001, Government Code.
(4) "Sexual orientation" means the actual or perceived
status of a person with respect to the person's sexuality.
Sec. 1381.002. APPLICABILITY OF CHAPTER. (a) This chapter
applies only to a health benefit plan offered to employees by a
public employer 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; or
(6) a stipulated premium company operating under
Chapter 884.
(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, if offered by a
public employer;
(2) a standard health benefit plan issued under
Chapter 1507, if offered by a public employer;
(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) a regional or local health care program operated
under Section 75.104, Health and Safety Code, if offered by a public
employer;
(8) county employee group health benefits provided
under Chapter 157, Local Government Code; and
(9) health and accident coverage provided by a risk
pool created under Chapter 172, Local Government Code.
Sec. 1381.003. PROHIBITED COVERAGE. A health benefit plan
to which this chapter applies may not provide coverage for
conversion therapy.
SECTION 2. The change in law made by this Act applies only
to a health benefit plan that is delivered, issued for delivery, or
renewed on or after January 1, 2022. A health benefit plan that is
delivered, issued for delivery, or renewed before January 1, 2022,
is governed by the law as it existed immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 3. This Act takes effect September 1, 2021.