Texas 2023 - 88th Regular

Texas Senate Bill SB1040 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 1040
2	2
3	3
4	4	AN ACT
5	5	relating to health benefit plan coverage of a transplant of an organ
6	6	that originated from or is transplanted in a country known to have
7	7	participated in forced organ harvesting.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle E, Title 8, Insurance Code, is amended
10	10	by adding Chapter 1380 to read as follows:
11	11	CHAPTER 1380. HUMAN ORGAN TRANSPLANT
12	12	Sec. 1380.001. DEFINITION. In this chapter, "forced organ
13	13	harvesting" means the removal of one or more organs from a living
14	14	person by means of coercion, abduction, deception, fraud, or abuse
15	15	of power or a position of vulnerability.
16	16	Sec. 1380.002. APPLICABILITY OF CHAPTER. (a) This chapter
17	17	applies only to a health benefit plan that provides benefits for
18	18	medical or surgical expenses incurred as a result of a health
19	19	condition, accident, or sickness, including an individual, group,
20	20	blanket, or franchise insurance policy or insurance agreement, a
21	21	group hospital service contract, or an individual or group evidence
22	22	of coverage or similar coverage document that is offered by:
23	23	(1) an insurance company;
24	24	(2) a group hospital service corporation operating
25	25	under Chapter 842;
26	26	(3) a health maintenance organization operating under
27	27	Chapter 843;
28	28	(4) an approved nonprofit health corporation that
29	29	holds a certificate of authority under Chapter 844;
30	30	(5) a multiple employer welfare arrangement that holds
31	31	a certificate of authority under Chapter 846;
32	32	(6) a stipulated premium company operating under
33	33	Chapter 884;
34	34	(7) a fraternal benefit society operating under
35	35	Chapter 885;
36	36	(8) a Lloyd's plan operating under Chapter 941; or
37	37	(9) an exchange operating under Chapter 942.
38	38	(b) Notwithstanding any other law, this chapter applies to:
39	39	(1) a small employer health benefit plan subject to
40	40	Chapter 1501, including coverage provided through a health group
41	41	cooperative under Subchapter B of that chapter;
42	42	(2) a standard health benefit plan issued under
43	43	Chapter 1507;
44	44	(3) a basic coverage plan under Chapter 1551;
45	45	(4) a basic plan under Chapter 1575;
46	46	(5) a primary care coverage plan under Chapter 1579;
47	47	(6) a plan providing basic coverage under Chapter
48	48	1601;
49	49	(7) health benefits provided by or through a church
50	50	benefits board under Subchapter I, Chapter 22, Business
51	51	Organizations Code;
52	52	(8) the state Medicaid program, including the Medicaid
53	53	managed care program operated under Chapter 533, Government Code;
54	54	(9) the child health plan program under Chapter 62,
55	55	Health and Safety Code;
56	56	(10) a regional or local health care program operated
57	57	under Section 75.104, Health and Safety Code;
58	58	(11) a self-funded health benefit plan sponsored by a
59	59	professional employer organization under Chapter 91, Labor Code;
60	60	(12) county employee group health benefits provided
61	61	under Chapter 157, Local Government Code; and
62	62	(13) health and accident coverage provided by a risk
63	63	pool created under Chapter 172, Local Government Code.
64	64	Sec. 1380.003. COVERAGE PROHIBITED. (a) A health benefit
65	65	plan issuer may not cover a human organ transplant or
66	66	post-transplant care if:
67	67	(1) the transplant operation is performed in China or
68	68	another country known to have participated in forced organ
69	69	harvesting, as designated by the commissioner of state health
70	70	services; or
71	71	(2) the human organ to be transplanted was procured by
72	72	a sale or donation originating in China or another country known to
73	73	have participated in forced organ harvesting, as designated by the
74	74	commissioner of state health services.
75	75	(b) The commissioner of state health services may designate
76	76	additional countries with governments that fund, sponsor, or
77	77	otherwise facilitate forced organ harvesting and shall provide
78	78	written notice to the commissioner, Teacher Retirement System of
79	79	Texas, Employees Retirement System of Texas, and executive
80	80	commissioner of the Health and Human Services Commission when the
81	81	commissioner of state health services designates an additional
82	82	country.
83	83	SECTION 2. It is the intent of the legislature that this
84	84	Act:
85	85	(1) combat the practice of forcibly harvesting organs
86	86	from living persons for transplant without free, voluntary consent;
87	87	(2) bring awareness to China's state-sanctioned
88	88	practice of forced organ harvesting of prisoners of conscience and
89	89	other vulnerable persons, including Falun Gong practitioners,
90	90	Uyghur Muslims, Tibetan Buddhists, and House Church Christians; and
91	91	(3) curb illicit transplant tourism and prevent
92	92	residents of this state from unknowingly involving themselves in
93	93	forced organ harvesting.
94	94	SECTION 3. If before implementing any provision of this Act
95	95	a state agency determines that a waiver or authorization from a
96	96	federal agency is necessary for implementation of that provision,
97	97	the agency affected by the provision shall request the waiver or
98	98	authorization and may delay implementing that provision until the
99	99	waiver or authorization is granted.
100	100	SECTION 4. Chapter 1380, Insurance Code, as added by this
101	101	Act, applies only to a health benefit plan delivered, issued for
102	102	delivery, or renewed on or after January 1, 2024.
103	103	SECTION 5. This Act takes effect September 1, 2023.
104	104	______________________________ ______________________________
105	105	President of the Senate Speaker of the House
106	106	I hereby certify that S.B. No. 1040 passed the Senate on
107	107	April 6, 2023, by the following vote: Yeas 31, Nays 0; and that
108	108	the Senate concurred in House amendment on May 25, 2023, by the
109	109	following vote: Yeas 31, Nays 0.
110	110	______________________________
111	111	Secretary of the Senate
112	112	I hereby certify that S.B. No. 1040 passed the House, with
113	113	amendment, on May 22, 2023, by the following vote: Yeas 145,
114	114	Nays 0, one present not voting.
115	115	______________________________
116	116	Chief Clerk of the House
117	117	Approved:
118	118	______________________________
119	119	Date
120	120	______________________________
121	121	Governor