| 1 | 1 | | 87R1661 SCL-D |
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| 2 | 2 | | By: Swanson H.B. No. 42 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to prohibited actions regarding health benefit plan |
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| 8 | 8 | | coverage for enrollees who refuse to have an abortion; providing a |
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| 9 | 9 | | civil penalty. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter A, Chapter 1454, Insurance Code, is |
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| 12 | 12 | | amended by adding Section 1454.003 to read as follows: |
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| 13 | 13 | | Sec. 1454.003. LOSS OF COVERAGE FOR ABORTION REFUSAL |
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| 14 | 14 | | PROHIBITED. (a) A health benefit plan issuer may not condition |
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| 15 | 15 | | continued health benefit coverage for an enrollee on the enrollee |
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| 16 | 16 | | having or require the enrollee to have an abortion regardless of |
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| 17 | 17 | | whether a physician or health care practitioner has diagnosed the |
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| 18 | 18 | | enrollee's unborn child as unviable or having a fetal abnormality. |
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| 19 | 19 | | (b) The attorney general shall monitor enforcement of this |
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| 20 | 20 | | section and establish a complaint system for a person to report a |
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| 21 | 21 | | violation of this section. The attorney general shall notify the |
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| 22 | 22 | | department of a valid complaint. |
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| 23 | 23 | | (c) In addition to a sanction under Chapter 82, an |
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| 24 | 24 | | administrative penalty under Chapter 84, or any other enforcement |
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| 25 | 25 | | authorized under Subtitle B, Title 2, a health benefit plan issuer |
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| 26 | 26 | | that violates this section is subject to a civil penalty in an |
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| 27 | 27 | | amount of not more than $1,000 for each violation and for each day |
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| 28 | 28 | | of a continuing violation. The attorney general may recover |
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| 29 | 29 | | reasonable attorney's fees and costs incurred in bringing a suit to |
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| 30 | 30 | | recover the civil penalty. |
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| 31 | 31 | | SECTION 2. The heading to Chapter 1696, Insurance Code, is |
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| 32 | 32 | | amended to read as follows: |
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| 33 | 33 | | CHAPTER 1696. COVERAGE FOR AND REQUIREMENT TO HAVE ELECTIVE |
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| 34 | 34 | | ABORTION; PROHIBITIONS AND REQUIREMENTS |
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| 35 | 35 | | SECTION 3. The heading to Section 1696.002, Insurance Code, |
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| 36 | 36 | | is amended to read as follows: |
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| 37 | 37 | | Sec. 1696.002. PROHIBITED COVERAGE AND REQUIREMENTS |
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| 38 | 38 | | THROUGH HEALTH BENEFIT EXCHANGE. |
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| 39 | 39 | | SECTION 4. Chapter 1696, Insurance Code, is amended by |
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| 40 | 40 | | adding Section 1696.003 to read as follows: |
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| 41 | 41 | | Sec. 1696.003. LOSS OF COVERAGE FOR ABORTION REFUSAL |
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| 42 | 42 | | PROHIBITED. (a) An issuer of a qualified plan offered through a |
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| 43 | 43 | | health benefit exchange may not condition continued health benefit |
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| 44 | 44 | | coverage for an enrollee on the enrollee having or require the |
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| 45 | 45 | | enrollee to have an abortion regardless of whether a physician or |
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| 46 | 46 | | health care practitioner has diagnosed the enrollee's unborn child |
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| 47 | 47 | | as unviable or having a fetal abnormality. |
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| 48 | 48 | | (b) The attorney general shall monitor enforcement of this |
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| 49 | 49 | | section and establish a complaint system for a person to report a |
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| 50 | 50 | | violation of this section. The attorney general shall notify the |
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| 51 | 51 | | department of a valid complaint. |
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| 52 | 52 | | (c) In addition to a sanction under Chapter 82, an |
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| 53 | 53 | | administrative penalty under Chapter 84, or any other enforcement |
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| 54 | 54 | | authorized under Subtitle B, Title 2, an issuer of a qualified plan |
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| 55 | 55 | | offered through a health benefit exchange that violates this |
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| 56 | 56 | | section is subject to a civil penalty in an amount of not more than |
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| 57 | 57 | | $1,000 for each violation and for each day of a continuing |
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| 58 | 58 | | violation. The attorney general may recover reasonable attorney's |
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| 59 | 59 | | fees and costs incurred in bringing a suit to recover the civil |
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| 60 | 60 | | penalty. |
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| 61 | 61 | | SECTION 5. The changes in law made by this Act apply only to |
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| 62 | 62 | | a health benefit or qualified plan delivered, issued for delivery, |
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| 63 | 63 | | or renewed on or after January 1, 2022. |
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| 64 | 64 | | SECTION 6. This Act takes effect September 1, 2021. |
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