1 | 1 | | 89R9301 SCF-D |
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2 | 2 | | By: Guillen H.B. No. 2516 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the eligibility of certain individuals younger than 65 |
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10 | 10 | | years of age to purchase Medicare supplement benefit plans. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Subchapter B, Chapter 1652, Insurance Code, is |
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13 | 13 | | amended by adding Sections 1652.059 and 1652.060 to read as |
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14 | 14 | | follows: |
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15 | 15 | | Sec. 1652.059. COVERAGE FOR CERTAIN INDIVIDUALS YOUNGER |
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16 | 16 | | THAN 65. (a) In this section, "entity" means an entity that |
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17 | 17 | | delivers or issues for delivery a Medicare supplement benefit plan |
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18 | 18 | | in this state. |
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19 | 19 | | (b) An entity that offers coverage under a Medicare |
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20 | 20 | | supplement benefit plan to individuals 65 years of age or older must |
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21 | 21 | | offer the same coverage to individuals younger than 65 years of age |
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22 | 22 | | who are eligible for and enrolled in Medicare by reason of |
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23 | 23 | | disability or end stage renal disease. |
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24 | 24 | | (c) Except as otherwise provided by rules adopted under |
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25 | 25 | | Section 1652.051, any benefit, protection, policy, or procedure |
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26 | 26 | | applicable to coverage under a plan for an individual 65 years of |
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27 | 27 | | age or older must apply to coverage offered under Subsection (b). |
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28 | 28 | | (d) An entity shall offer a plan under Subsection (b) at the |
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29 | 29 | | same premium rate charged for that plan to an individual 65 years of |
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30 | 30 | | age. |
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31 | 31 | | Sec. 1652.060. OPEN AND SPECIAL ENROLLMENT PERIODS FOR |
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32 | 32 | | CERTAIN INDIVIDUALS YOUNGER THAN 65. (a) In this section, "entity" |
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33 | 33 | | means an entity that delivers or issues for delivery a Medicare |
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34 | 34 | | supplement benefit plan in this state. |
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35 | 35 | | (b) An individual eligible for coverage under a Medicare |
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36 | 36 | | supplement benefit plan under Section 1652.059 may enroll any time |
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37 | 37 | | during: |
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38 | 38 | | (1) the six-month period beginning the first day of |
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39 | 39 | | the first month the individual becomes enrolled for benefits under |
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40 | 40 | | Medicare Part B; |
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41 | 41 | | (2) a 60-day open enrollment period each year |
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42 | 42 | | beginning on the date of the individual's birth; or |
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43 | 43 | | (3) a special enrollment period designated by the |
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44 | 44 | | commissioner. |
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45 | 45 | | (c) During an enrollment period, an entity may not: |
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46 | 46 | | (1) deny or condition the issuance or effectiveness of |
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47 | 47 | | a Medicare supplement benefit plan or certificate that the entity |
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48 | 48 | | offers and is available for issuance in this state; |
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49 | 49 | | (2) subject an applicant to medical underwriting or |
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50 | 50 | | discriminate in the price of a Medicare supplement benefit plan or |
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51 | 51 | | certificate because of the applicant's health status, claims |
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52 | 52 | | experience, receipt of health care, or medical condition; or |
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53 | 53 | | (3) impose an exclusion of benefits based on an |
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54 | 54 | | applicant's preexisting condition. |
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55 | 55 | | (d) The commissioner shall adopt rules as necessary to |
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56 | 56 | | administer this section, including rules designating enrollment |
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57 | 57 | | periods. |
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58 | 58 | | SECTION 2. The changes in law made by this Act apply only to |
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59 | 59 | | a Medicare supplement benefit plan delivered, issued for delivery, |
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60 | 60 | | or renewed on or after September 1, 2025. |
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61 | 61 | | SECTION 3. In addition to other enrollment periods provided |
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62 | 62 | | by law, an individual younger than 65 years of age and enrolled in |
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63 | 63 | | Medicare Part B by reason of disability or end stage renal disease |
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64 | 64 | | on the effective date of this Act may apply for coverage under a |
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65 | 65 | | Medicare supplement benefit plan: |
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66 | 66 | | (1) after August 31, 2025, and before March 2, 2026; or |
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67 | 67 | | (2) if the individual is unable to submit an |
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68 | 68 | | application for coverage under the plan during the period described |
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69 | 69 | | by Subdivision (1) of this section because the application is not |
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70 | 70 | | available and the individual requested the application during that |
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71 | 71 | | period, during a six-month period beginning on the date the |
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72 | 72 | | application initially becomes available. |
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73 | 73 | | SECTION 4. This Act takes effect September 1, 2025. |
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