87R9933 SCL-D
By: Middleton, Cook, et al. H.B. No. 3028
A BILL TO BE ENTITLED
AN ACT
relating to vaccination requirements for health benefit plans or
insurance policies provided to business entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 544, Insurance Code, is amended by
adding Subchapter M to read as follows:
SUBCHAPTER M. VACCINATION STATUS
Sec. 544.601. APPLICABILITY OF SUBCHAPTER. (a) This
subchapter applies to the issuer of a health benefit plan that
provides benefits for medical or surgical expenses incurred as a
result of a health condition, accident, or sickness, including a
group, blanket, or franchise insurance policy or insurance
agreement, a group hospital service contract, or a group evidence
of coverage or similar coverage document that is offered 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;
(6) a stipulated premium company operating under
Chapter 884;
(7) a fraternal benefit society operating under
Chapter 885;
(8) a Lloyd's plan operating under Chapter 941; or
(9) an exchange operating under Chapter 942.
(b) Notwithstanding any other law, this subchapter 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; and
(2) a standard health benefit plan issued under
Chapter 1507.
(c) This subchapter applies to a life insurance company
that:
(1) issues or delivers a life insurance policy in this
state; or
(2) is organized under the laws of this state.
(d) This subchapter applies to an insurer offering a
property and casualty insurance policy to a business entity.
Sec. 544.602. VACCINATION REQUIREMENTS PROHIBITED. An
insurer or other issuer offering a health benefit plan, life
insurance policy, property and casualty insurance policy, or any
other insurance policy written for business entities may not
discriminate against an employee without a vaccination by requiring
as a condition to purchase or maintain coverage, including an
endorsement, that each of the business's employees is vaccinated.
SECTION 2. Subchapter M, Chapter 544, Insurance Code, as
added by this Act, applies only to a health benefit plan or
insurance policy delivered, issued for delivery, or renewed on or
after January 1, 2022.
SECTION 3. This Act takes effect September 1, 2021.