Texas 2021 - 87th Regular

Texas House Bill HB3742 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R23046 RDS-D
2	2		By: Capriglione, Oliverson, Smithee H.B. No. 3742
	3	+	Substitute the following for H.B. No. 3742:
	4	+	By: Oliverson C.S.H.B. No. 3742
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to a prohibition on the use of genetic information
8	10		gathered from direct-to-consumer genetic tests by a long-term care
9	11		benefit plan issuer or a life insurance company.
10	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	13		SECTION 1. Subtitle C, Title 5, Insurance Code, is amended
12	14		by adding Chapter 564 to read as follows:
13	15		CHAPTER 564. USE OF GENETIC INFORMATION GATHERED FROM
14	16		DIRECT-TO-CONSUMER GENETIC TEST
15	17		Sec. 564.001. APPLICABILITY OF CHAPTER. (a) This chapter
16	18		applies only to:
17	19		(1) an individual long-term care benefit plan that is
18	20		delivered or issued for delivery in this state;
19	21		(2) a group long-term care benefit plan that is:
20	22		(A) delivered or issued for delivery in this
21	23		state; and
22	24		(B) issued to an eligible group as described by
23	25		Subchapter B, Chapter 1251;
24	26		(3) an evidence of coverage delivered or issued for
25	27		delivery in this state for long-term care; and
26	28		(4) a life insurance policy issued or delivered in
27	29		this state.
28	30		(b) This chapter applies only to a policy, certificate, or
29	31		evidence of coverage that is issued by:
30	32		(1) a capital stock insurance company, including a
31	33		life, health and accident, or general casualty insurance company;
32	34		(2) a mutual life insurance company;
33	35		(3) a mutual assessment life insurance company,
34	36		including a statewide mutual assessment corporation, local mutual
35	37		aid association, and burial association;
36	38		(4) a mutual or mutual assessment association,
37	39		including an association subject to Section 887.101;
38	40		(5) a mutual insurance company other than a life
39	41		insurance company;
40	42		(6) a mutual or natural premium life or casualty
41	43		insurance company;
42	44		(7) a fraternal benefit society;
43	45		(8) a Lloyd's plan insurer;
44	46		(9) a reciprocal or interinsurance exchange;
45	47		(10) a nonprofit medical, hospital, or dental service
46	48		corporation, including a company subject to Chapter 842;
47	49		(11) a stipulated premium company;
48	50		(12) a health maintenance organization under Chapter
49	51		843; or
50	52		(13) another insurer required to be licensed by the
51	53		department.
52	54		Sec. 564.002. EXEMPTIONS. This chapter does not apply to:
53	55		(1) a group policy or certificate that is delivered or
54	56		issued for delivery in this state under a single employer or labor
55	57		union group policy that is delivered or issued for delivery outside
56	58		this state; or
57	59		(2) a benefit plan, including a health benefit plan,
58	60		that is not advertised, marketed, or offered as a long-term care
59	61		benefit plan or nursing home benefit plan.
60	62		Sec. 564.003. LONG-TERM CARE BENEFIT PLAN DEFINED. (a) In
61	63		this chapter, "long-term care benefit plan" means an insurance
62	64		policy or group certificate, or rider to the policy or certificate,
63	65		or evidence of coverage issued by a health maintenance organization
64	66		subject to Chapter 843, that is advertised or marketed as
65	67		providing, or offered or designed to provide, coverage for not less
66	68		than 12 consecutive months for each covered individual on an
67	69		expense-incurred, indemnity, prepaid, or other basis for one or
68	70		more necessary or medically necessary diagnostic, preventive,
69	71		therapeutic, rehabilitative, maintenance, or personal care
70	72		services provided in a setting other than an acute care unit of a
71	73		hospital.
72	74		(b) The term includes a plan or rider, other than a group or
73	75		individual annuity or life insurance policy, that provides for
74	76		payment of benefits based on cognitive impairment or the loss of
75	77		functional capacity.
76	78		(c) The term does not include an insurance policy, group
77	79		certificate, or evidence of coverage that is offered primarily to
78	80		provide:
79	81		(1) basic Medicare supplement coverage, basic
80	82		hospital expense coverage, basic medical-surgical expense
81	83		coverage, hospital confinement indemnity coverage, major medical
82	84		expense coverage, disability income protection coverage,
83	85		accident-only coverage, specified disease or specified accident
84	86		coverage, or limited benefit health coverage; or
85	87		(2) basic or single health care services.
86	88		Sec. 564.004. USE OF INFORMATION GATHERED FROM
87	89		DIRECT-TO-CONSUMER GENETIC TESTS PROHIBITED. (a) In this section,
88	90		"direct-to-consumer genetic test" means a genetic test that is
89	91		marketed directly to consumers using television, print
90	92		advertisements, or the Internet and that may be purchased directly
91	93		by a consumer.
92	94		(b) Without written consent from an individual applying for
93	95		coverage under a long-term care benefit plan or life insurance
94	96		policy, a long-term care benefit plan issuer or life insurance
95	97		company may not:
96	98		(1) require the individual to furnish genetic
97	99		information gathered from a direct-to-consumer genetic test; or
98	100		(2) use genetic information gathered from a
99	101		direct-to-consumer genetic test to reject, deny, limit, increase
100	102		the premiums for, or otherwise adversely affect eligibility for or
101	103		coverage under the plan or policy.
102	104		(c) Nothing in this section may be construed to prohibit or
103	105		limit the ability of an insurer to request and obtain medical
104	106		information from an individual applying for insurance.
105	107		SECTION 2. Chapter 564, Insurance Code, as added by this
106	108		Act, applies only to an insurance policy, contract, or evidence of
107	109		coverage that is delivered, issued for delivery, or renewed on or
108	110		after January 1, 2022. A policy, contract, or evidence of coverage
109	111		delivered, issued for delivery, or renewed before January 1, 2022,
110	112		is governed by the law as it existed immediately before the
111	113		effective date of this Act, and that law is continued in effect for
112	114		that purpose.
113	115		SECTION 3. This Act takes effect September 1, 2021.