89R4135 SCF-D
By: Meza H.B. No. 2784
A BILL TO BE ENTITLED
AN ACT
relating to health benefit plan coverage for conversion therapy.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle E, Title 8, Insurance Code, is amended
by adding Chapter 1381 to read as follows:
CHAPTER 1381. PROHIBITION ON COVERAGE OF CONVERSION THERAPY
Sec. 1381.001. DEFINITIONS. In this chapter:
(1) "Conversion therapy" means a practice or treatment
provided to a person by a health care provider or nonprofit
organization that seeks to:
(A) change the person's sexual orientation,
including by attempting to change the person's behavior or gender
identity or expression; or
(B) eliminate or reduce the person's sexual or
romantic attractions or feelings toward individuals of the same
sex.
(2) "Gender identity or expression" means a person's
having, or being perceived as having, a gender-related identity,
appearance, expression, or behavior, whether or not that identity,
appearance, expression, or behavior is different from that commonly
associated with the person's assigned sex at birth.
(3) "Sexual orientation" means the actual or perceived
status of a person with respect to the person's sexuality.
Sec. 1381.002. APPLICABILITY OF CHAPTER. (a) This chapter
applies only to a health benefit plan that provides benefits for
medical or surgical expenses incurred as a result of a health
condition, accident, or sickness, including an individual, group,
blanket, or franchise insurance policy or insurance agreement, a
group hospital service contract, or an individual or group evidence
of coverage or similar coverage document that is offered by:
(1) an insurance company;
(2) a group hospital service corporation operating
under Chapter 842;
(3) a health maintenance organization operating under
Chapter 843;
(4) an approved nonprofit health corporation that
holds a certificate of authority under Chapter 844;
(5) a multiple employer welfare arrangement that holds
a certificate of authority under Chapter 846;
(6) a stipulated premium company operating under
Chapter 884;
(7) a fraternal benefit society operating under
Chapter 885;
(8) a Lloyd's plan operating under Chapter 941; or
(9) an exchange operating under Chapter 942.
(b) Notwithstanding any other law, this chapter applies to:
(1) a small employer health benefit plan subject to
Chapter 1501, including coverage provided through a health group
cooperative under Subchapter B of that chapter;
(2) a standard health benefit plan issued under
Chapter 1507;
(3) a basic coverage plan under Chapter 1551;
(4) a basic plan under Chapter 1575;
(5) a primary care coverage plan under Chapter 1579;
(6) a plan providing basic coverage under Chapter
1601;
(7) health benefits provided by or through a church
benefits board under Subchapter I, Chapter 22, Business
Organizations Code;
(8) the state Medicaid program, including the Medicaid
managed care program operated under Chapter 540, Government Code;
(9) the child health plan program under Chapter 62,
Health and Safety Code;
(10) a regional or local health care program operated
under Section 75.104, Health and Safety Code;
(11) a self-funded health benefit plan sponsored by a
professional employer organization under Chapter 91, Labor Code;
(12) county employee group health benefits provided
under Chapter 157, Local Government Code; and
(13) health and accident coverage provided by a risk
pool created under Chapter 172, Local Government Code.
Sec. 1381.003. PROHIBITED COVERAGE. A health benefit plan
issuer may not provide coverage for conversion therapy.
SECTION 2. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 3. The change in law made by this Act applies only
to a health benefit plan that is delivered, issued for delivery, or
renewed on or after January 1, 2026. A health benefit plan that is
delivered, issued for delivery, or renewed before January 1, 2026,
is governed by the law as it existed immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 4. This Act takes effect September 1, 2025.