Texas 2023 - 88th Regular

Texas House Bill HB1452 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R24410 KBB-D
2	2	By: Anchía, Bonnen, Shine, Rose, Flores H.B. No. 1452
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to insurance coverage for the disposition of embryonic and
8	8	fetal tissue remains.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 9, Insurance Code, is amended by adding
11	11	Chapter 1702 to read as follows:
12	12	CHAPTER 1702. CERTAIN COVERAGE REQUIRED FOR DISPOSITION OF
13	13	EMBRYONIC AND FETAL TISSUE REMAINS
14	14	Sec. 1702.001. APPLICABILITY. (a) This chapter applies to
15	15	any issuer, sponsor, trustee, or third-party administrator of any
16	16	insurance policy, annuity or other contract, or group benefit plan
17	17	that provides a death benefit payable for the costs of cremation or
18	18	burial of a child of a named insured or beneficiary, including:
19	19	(1) an insurance company operating under Chapter 841;
20	20	(2) a statewide mutual assessment company operating
21	21	under Chapter 881;
22	22	(3) a mutual life insurance company operating under
23	23	Chapter 882;
24	24	(4) a stipulated premium insurance company operating
25	25	under Chapter 884;
26	26	(5) a fraternal benefit society operating under
27	27	Chapter 885;
28	28	(6) a local mutual aid association operating under
29	29	Chapter 886;
30	30	(7) a burial association operating under Chapter 888;
31	31	(8) an employer or other group benefit plan sponsor,
32	32	regardless of whether the death benefit is provided through an
33	33	insurance policy or is self-insured;
34	34	(9) a voluntary association that holds a group life
35	35	insurance policy under Chapter 1578;
36	36	(10) a third-party administrator under Chapter 4151
37	37	for group benefits that include a death benefit; and
38	38	(11) a trustee of a trust-funded prepaid funeral
39	39	benefits contract regulated under Subchapter F, Chapter 154,
40	40	Finance Code.
41	41	(b) This chapter applies to a health benefit plan that
42	42	provides benefits for medical or surgical expenses incurred as a
43	43	result of a health condition, accident, or sickness, including an
44	44	individual, group, blanket, or franchise insurance policy or
45	45	insurance agreement, a group hospital service contract, or an
46	46	individual or group evidence of coverage or similar coverage
47	47	document that is issued in this state by:
48	48	(1) an insurance company;
49	49	(2) a group hospital service corporation operating
50	50	under Chapter 842;
51	51	(3) a health maintenance organization operating under
52	52	Chapter 843;
53	53	(4) an approved nonprofit health corporation that
54	54	holds a certificate of authority under Chapter 844;
55	55	(5) a multiple employer welfare arrangement that holds
56	56	a certificate of authority under Chapter 846;
57	57	(6) a stipulated premium company operating under
58	58	Chapter 884;
59	59	(7) a fraternal benefit society operating under
60	60	Chapter 885;
61	61	(8) a Lloyd's plan operating under Chapter 941; or
62	62	(9) an exchange operating under Chapter 942.
63	63	(c) Notwithstanding any other law, this chapter applies to:
64	64	(1) a small employer health benefit plan subject to
65	65	Chapter 1501, including coverage provided through a health group
66	66	cooperative under Subchapter B of that chapter;
67	67	(2) a standard health benefit plan issued under
68	68	Chapter 1507;
69	69	(3) nonprofit agricultural organization health
70	70	benefits offered by a nonprofit agricultural organization under
71	71	Chapter 1682;
72	72	(4) alternative health benefit coverage offered by a
73	73	subsidiary of the Texas Mutual Insurance Company under Subchapter
74	74	M, Chapter 2054;
75	75	(5) a regional or local health care program operated
76	76	under Section 75.104, Health and Safety Code; and
77	77	(6) a self-funded health benefit plan sponsored by a
78	78	professional employer organization under Chapter 91, Labor Code.
79	79	(d) This chapter does not apply to:
80	80	(1) a plan that provides coverage:
81	81	(A) for wages or payments in lieu of wages for a
82	82	period during which an employee is absent from work because of
83	83	sickness or injury;
84	84	(B) as a supplement to a liability insurance
85	85	policy;
86	86	(C) for credit insurance;
87	87	(D) only for dental or vision care;
88	88	(E) only for hospital expenses; or
89	89	(F) only for indemnity for hospital confinement;
90	90	(2) a Medicare supplemental policy as defined by
91	91	Section 1882(g)(1), Social Security Act (42 U.S.C. Section
92	92	1395ss(g)(1));
93	93	(3) a workers' compensation insurance policy;
94	94	(4) medical payment insurance coverage provided under
95	95	a motor vehicle insurance policy;
96	96	(5) a long-term care policy, including a nursing home
97	97	fixed indemnity policy, unless the commissioner determines that the
98	98	policy provides benefit coverage so comprehensive that the policy
99	99	is a health benefit plan as described by Subsection (b) or (c); or
100	100	(6) the state Medicaid program, including the Medicaid
101	101	managed care program operated under Chapter 533, Government Code.
102	102	Sec. 1702.002. REQUIRED COVERAGE. (a) An entity to which
103	103	this chapter applies must provide a benefit or coverage for up to
104	104	$7,500 of the cost of disposition of embryonic and fetal tissue
105	105	remains with a post-fertilization age of 20 weeks or more.
106	106	(b) The manner of disposition for which coverage is required
107	107	by Subsection (a) includes:
108	108	(1) interment;
109	109	(2) cremation;
110	110	(3) incineration followed by interment; and
111	111	(4) steam disinfection followed by interment.
112	112	SECTION 2. Chapter 1702, Insurance Code, as added by this
113	113	Act, applies only to an insurance policy, evidence of coverage,
114	114	annuity or other contract, or group benefit plan that is delivered,
115	115	issued for delivery, or renewed on or after January 1, 2024. A
116	116	policy, evidence of coverage, annuity or other contract, or group
117	117	benefit plan delivered, issued for delivery, or renewed before
118	118	January 1, 2024, is governed by the law as it existed immediately
119	119	before the effective date of this Act, and that law is continued in
120	120	effect for that purpose.
121	121	SECTION 3. This Act takes effect September 1, 2023.