Texas 2023 - 88th Regular

Texas House Bill HB3371 Compare Versions

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Old	New	Differences
1	1	88R12291 CJD-F
2	2	By: A. Johnson of Harris, et al. H.B. No. 3371
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to health benefits offered by institutions of higher
8	8	education to students and their families.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 1275.002, Insurance Code, is amended to
11	11	read as follows:
12	12	Sec. 1275.002. APPLICABILITY OF CHAPTER. This chapter
13	13	applies to a health benefit plan offered by:
14	14	(1) a nonprofit agricultural organization under
15	15	Chapter 1682; and
16	16	(2) an institution of higher education under Chapter
17	17	1683.
18	18	SECTION 2. Subtitle K, Title 8, Insurance Code, is amended
19	19	by adding Chapter 1683 to read as follows:
20	20	CHAPTER 1683. HEALTH BENEFITS PROVIDED BY CERTAIN INSTITUTIONS OF
21	21	HIGHER EDUCATION
22	22	Sec. 1683.001. DEFINITIONS. In this chapter:
23	23	(1) "Institution of higher education" means:
24	24	(A) an institution of higher education, as
25	25	defined by Section 61.003, Education Code; or
26	26	(B) a private or independent institution of
27	27	higher education, as defined by Section 61.003, Education Code.
28	28	(2) "Higher education health benefits" means health
29	29	benefits:
30	30	(A) sponsored by an institution of higher
31	31	education or an affiliate of the institution;
32	32	(B) offered only to:
33	33	(i) students enrolled at the institution of
34	34	higher education; and
35	35	(ii) family members of students enrolled at
36	36	the institution of higher education;
37	37	(C) that are not provided through an insurance
38	38	policy or other product the offering or issuance of which is
39	39	regulated as the business of insurance in this state; and
40	40	(D) that are deemed by the institution of higher
41	41	education to be important in assisting its students and their
42	42	families to live long and productive lives.
43	43	(3) "Preexisting condition" means a condition present
44	44	before the effective date of an individual's enrollment in higher
45	45	education health benefits.
46	46	Sec. 1683.002. HIGHER EDUCATION HEALTH BENEFITS
47	47	AUTHORIZED. An institution of higher education or an affiliate of
48	48	the institution may offer in this state higher education health
49	49	benefits.
50	50	Sec. 1683.003. WAITING PERIOD FOR PREEXISTING CONDITION.
51	51	Notwithstanding any other provision of this chapter, an institution
52	52	of higher education that offers higher education health benefits
53	53	may not require a waiting period of more than six months for
54	54	treatment of a preexisting condition otherwise included in higher
55	55	education health benefits.
56	56	Sec. 1683.004. REQUIRED DISCLOSURE FOR HIGHER EDUCATION
57	57	HEALTH BENEFITS. (a) An institution of higher education that
58	58	offers higher education health benefits must provide to an
59	59	individual applying for higher education health benefits written
60	60	notice that the benefits are not provided through an insurance
61	61	policy or other product the offering or issuance of which is
62	62	regulated as the business of insurance in this state.
63	63	(b) An individual must sign and return to the institution of
64	64	higher education the notice described by Subsection (a) before the
65	65	individual may enroll in higher education health benefits. The
66	66	institution of higher education must:
67	67	(1) maintain a copy of the signed written notice for
68	68	the duration of the term during which the higher education health
69	69	benefits are provided to the individual; and
70	70	(2) at the request of the individual, provide a copy of
71	71	the written notice to the individual.
72	72	Sec. 1683.005. INSTITUTION OF HIGHER EDUCATION NOT ENGAGED
73	73	IN BUSINESS OF HEALTH INSURANCE. Notwithstanding any other
74	74	provision of this code, for the purposes of offering higher
75	75	education health benefits, an institution of higher education that
76	76	acts in accordance with this chapter is not a health insurer and is
77	77	not engaging in the business of health insurance in this state.
78	78	Sec. 1683.006. RISK TRANSFER OR COVERAGE. An institution
79	79	of higher education that offers higher education health benefits
80	80	under this chapter may contract with a company authorized to engage
81	81	in the business of insurance in this state that is not under common
82	82	control with the institution of higher education to:
83	83	(1) transfer to that company all or a portion of the
84	84	organization's risks arising from higher education health benefits
85	85	offered under this chapter; or
86	86	(2) obtain insurance coverage from the company
87	87	guarantying the institution of higher education's obligations
88	88	arising from higher education health benefits offered under this
89	89	chapter.
90	90	SECTION 3. This Act takes effect immediately if it receives
91	91	a vote of two-thirds of all the members elected to each house, as
92	92	provided by Section 39, Article III, Texas Constitution. If this
93	93	Act does not receive the vote necessary for immediate effect, this
94	94	Act takes effect September 1, 2023.