| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to vaccination requirements for health benefit plans or |
|---|
| 8 | 8 | | insurance policies provided to business entities. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Chapter 544, Insurance Code, is amended by |
|---|
| 11 | 11 | | adding Subchapter M to read as follows: |
|---|
| 12 | 12 | | SUBCHAPTER M. VACCINATION STATUS |
|---|
| 13 | 13 | | Sec. 544.601. APPLICABILITY OF SUBCHAPTER. (a) This |
|---|
| 14 | 14 | | subchapter applies to the issuer of a health benefit plan that |
|---|
| 15 | 15 | | provides benefits for medical or surgical expenses incurred as a |
|---|
| 16 | 16 | | result of a health condition, accident, or sickness, including a |
|---|
| 17 | 17 | | group, blanket, or franchise insurance policy or insurance |
|---|
| 18 | 18 | | agreement, a group hospital service contract, or a group evidence |
|---|
| 19 | 19 | | of coverage or similar coverage document that is offered by: |
|---|
| 20 | 20 | | (1) an insurance company; |
|---|
| 21 | 21 | | (2) a group hospital service corporation operating |
|---|
| 22 | 22 | | under Chapter 842; |
|---|
| 23 | 23 | | (3) a health maintenance organization operating under |
|---|
| 24 | 24 | | Chapter 843; |
|---|
| 25 | 25 | | (4) an approved nonprofit health corporation that |
|---|
| 26 | 26 | | holds a certificate of authority under Chapter 844; |
|---|
| 27 | 27 | | (5) a multiple employer welfare arrangement that holds |
|---|
| 28 | 28 | | a certificate of authority under Chapter 846; |
|---|
| 29 | 29 | | (6) a stipulated premium company operating under |
|---|
| 30 | 30 | | Chapter 884; |
|---|
| 31 | 31 | | (7) a fraternal benefit society operating under |
|---|
| 32 | 32 | | Chapter 885; |
|---|
| 33 | 33 | | (8) a Lloyd's plan operating under Chapter 941; or |
|---|
| 34 | 34 | | (9) an exchange operating under Chapter 942. |
|---|
| 35 | 35 | | (b) Notwithstanding any other law, this subchapter applies |
|---|
| 36 | 36 | | to: |
|---|
| 37 | 37 | | (1) a small employer health benefit plan subject to |
|---|
| 38 | 38 | | Chapter 1501, including coverage provided through a health group |
|---|
| 39 | 39 | | cooperative under Subchapter B of that chapter; and |
|---|
| 40 | 40 | | (2) a standard health benefit plan issued under |
|---|
| 41 | 41 | | Chapter 1507. |
|---|
| 42 | 42 | | (c) This subchapter applies to a life insurance company |
|---|
| 43 | 43 | | that: |
|---|
| 44 | 44 | | (1) issues or delivers a life insurance policy in this |
|---|
| 45 | 45 | | state; or |
|---|
| 46 | 46 | | (2) is organized under the laws of this state. |
|---|
| 47 | 47 | | (d) This subchapter applies to an insurer offering a |
|---|
| 48 | 48 | | property and casualty insurance policy to a business entity. |
|---|
| 49 | 49 | | Sec. 544.602. VACCINATION REQUIREMENTS PROHIBITED. An |
|---|
| 50 | 50 | | insurer or other issuer offering a health benefit plan, life |
|---|
| 51 | 51 | | insurance policy, property and casualty insurance policy, or any |
|---|
| 52 | 52 | | other insurance policy written for business entities may not |
|---|
| 53 | 53 | | discriminate against an employee without a vaccination by requiring |
|---|
| 54 | 54 | | as a condition to purchase or maintain coverage, including an |
|---|
| 55 | 55 | | endorsement, that each of the business's employees is vaccinated. |
|---|
| 56 | 56 | | SECTION 2. Subchapter M, Chapter 544, Insurance Code, as |
|---|
| 57 | 57 | | added by this Act, applies only to a health benefit plan or |
|---|
| 58 | 58 | | insurance policy delivered, issued for delivery, or renewed on or |
|---|
| 59 | 59 | | after January 1, 2022. |
|---|
| 60 | 60 | | SECTION 3. This Act takes effect September 1, 2021. |
|---|