Texas 2025 - 89th Regular

Texas House Bill HB388 Compare Versions

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11 89R724 MEW-D
22 By: Harris Davila H.B. No. 388
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75 A BILL TO BE ENTITLED
86 AN ACT
97 relating to a uniform coordination of benefits questionnaire for
108 health benefit plans.
119 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1210 SECTION 1. Chapter 1203, Insurance Code, is amended by
1311 adding Subchapter D to read as follows:
1412 SUBCHAPTER D. COORDINATION OF BENEFITS QUESTIONNAIRE
1513 Sec. 1203.151. APPLICABILITY OF SUBCHAPTER. (a) This
1614 subchapter applies only to a health benefit plan that provides
1715 benefits for medical or surgical expenses incurred as a result of a
1816 health condition, accident, or sickness, including an individual,
1917 group, blanket, or franchise insurance policy or insurance
2018 agreement, a group hospital service contract, or an individual or
2119 group evidence of coverage or similar coverage document that is
2220 issued by:
2321 (1) an insurance company;
2422 (2) a group hospital service corporation operating
2523 under Chapter 842;
2624 (3) a health maintenance organization operating under
2725 Chapter 843;
2826 (4) an approved nonprofit health corporation that
2927 holds a certificate of authority under Chapter 844;
3028 (5) a multiple employer welfare arrangement that holds
3129 a certificate of authority under Chapter 846;
3230 (6) a stipulated premium company operating under
3331 Chapter 884;
3432 (7) a Lloyd's plan operating under Chapter 941; or
3533 (8) an exchange operating under Chapter 942.
3634 (b) Notwithstanding any other law, this subchapter applies
3735 to:
3836 (1) a small employer health benefit plan subject to
3937 Chapter 1501, including coverage provided through a health group
4038 cooperative under Subchapter B of that chapter;
4139 (2) a standard health benefit plan issued under
4240 Chapter 1507;
4341 (3) a basic coverage plan under Chapter 1551;
4442 (4) a basic plan under Chapter 1575;
4543 (5) a primary care coverage plan under Chapter 1579;
4644 (6) a plan providing basic coverage under Chapter
4745 1601;
4846 (7) alternative health benefit coverage offered by a
4947 subsidiary of the Texas Mutual Insurance Company under Subchapter
5048 M, Chapter 2054;
5149 (8) group health coverage made available by a school
5250 district in accordance with Section 22.004, Education Code;
5351 (9) the state Medicaid program, including the Medicaid
5452 managed care program operated under Chapter 540, Government Code;
5553 (10) the child health plan program under Chapter 62,
5654 Health and Safety Code;
5755 (11) a regional or local health care program operated
5856 under Section 75.104, Health and Safety Code; and
5957 (12) a self-funded health benefit plan sponsored by a
6058 professional employer organization under Chapter 91, Labor Code.
6159 Sec. 1203.152. CREATION OF UNIFORM COORDINATION OF BENEFITS
6260 QUESTIONNAIRE. In collaboration with appropriate stakeholders,
6361 the commissioner shall adopt rules establishing a uniform
6462 coordination of benefits questionnaire to be used by all health
6563 benefit plan issuers in this state.
6664 Sec. 1203.153. UNIFORM COORDINATION OF BENEFITS
6765 QUESTIONNAIRE REQUIRED. Each health benefit plan issuer that
6866 issues a health benefit plan that includes a coordination of
6967 benefits provision shall use the uniform coordination of benefits
7068 questionnaire established under Section 1203.152 and make the
7169 questionnaire available to health care providers as appropriate.
7270 SECTION 2. (a) Not later than January 1, 2026, the
7371 commissioner of insurance shall adopt rules establishing the
7472 uniform coordination of benefits questionnaire under Section
7573 1203.152, Insurance Code, as added by this Act.
7674 (b) The changes in law made by this Act apply only to the use
7775 of a coordination of benefits questionnaire on or after February 1,
7876 2026.
7977 SECTION 3. This Act takes effect September 1, 2025.