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A BILL TO BE ENTITLED
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AN ACT
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relating to vaccination requirements for health benefit plans or |
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insurance policies provided to business entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 544, Insurance Code, is amended by |
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adding Subchapter M to read as follows: |
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SUBCHAPTER M. VACCINATION STATUS |
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Sec. 544.601. APPLICABILITY OF SUBCHAPTER. (a) This |
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subchapter applies to the issuer of a health benefit plan that |
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provides benefits for medical or surgical expenses incurred as a |
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result of a health condition, accident, or sickness, including a |
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group, blanket, or franchise insurance policy or insurance |
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agreement, a group hospital service contract, or a group evidence |
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of coverage or similar coverage document that is offered by: |
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(1) an insurance company; |
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(2) a group hospital service corporation operating |
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under Chapter 842; |
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(3) a health maintenance organization operating under |
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Chapter 843; |
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(4) an approved nonprofit health corporation that |
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holds a certificate of authority under Chapter 844; |
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(5) a multiple employer welfare arrangement that holds |
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a certificate of authority under Chapter 846; |
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(6) a stipulated premium company operating under |
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Chapter 884; |
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(7) a fraternal benefit society operating under |
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Chapter 885; |
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(8) a Lloyd's plan operating under Chapter 941; or |
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(9) an exchange operating under Chapter 942. |
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(b) Notwithstanding any other law, this subchapter applies |
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to: |
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(1) a small employer health benefit plan subject to |
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Chapter 1501, including coverage provided through a health group |
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cooperative under Subchapter B of that chapter; and |
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(2) a standard health benefit plan issued under |
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Chapter 1507. |
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(c) This subchapter applies to a life insurance company |
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that: |
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(1) issues or delivers a life insurance policy in this |
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state; or |
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(2) is organized under the laws of this state. |
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(d) This subchapter applies to an insurer offering a |
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property and casualty insurance policy to a business entity. |
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Sec. 544.602. VACCINATION REQUIREMENTS PROHIBITED. An |
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insurer or other issuer offering a health benefit plan, life |
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insurance policy, property and casualty insurance policy, or any |
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other insurance policy written for business entities may not |
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discriminate against an employee without a vaccination by requiring |
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as a condition to purchase or maintain coverage, including an |
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endorsement, that each of the business's employees is vaccinated. |
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SECTION 2. Subchapter M, Chapter 544, Insurance Code, as |
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added by this Act, applies only to a health benefit plan or |
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insurance policy delivered, issued for delivery, or renewed on or |
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after January 1, 2022. |
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SECTION 3. This Act takes effect September 1, 2021. |