By: Smithee H.B. No. 1570
73R5979 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to availability of group health insurance coverage
1-3 following a change of employment.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter E, Chapter 21, Insurance Code, is
1-6 amended by adding Article 21.52C to read as follows:
1-7 Art. 21.52C. AVAILABILITY OF GROUP HEALTH INSURANCE COVERAGE
1-8 FOLLOWING CHANGE OF EMPLOYMENT. (a) In this article:
1-9 (1) "Group health insurance policy" means:
1-10 (A) a policy or contract of group health
1-11 insurance, including a policy or contract issued by a group
1-12 hospital service corporation under Chapter 20 of this code; or
1-13 (B) a group evidence of coverage issued by a
1-14 health maintenance organization under the Texas Health Maintenance
1-15 Organization Act (Chapter 20A, Vernon's Texas Insurance Code).
1-16 (2) "Preexisting condition provision" means a group
1-17 health insurance policy provision that excludes benefits for
1-18 expenses incurred during a period after the effective date of
1-19 coverage under the policy resulting from a condition manifested
1-20 during a period preceding the effective date of the coverage.
1-21 (b) An insurer may not refuse to cover an individual under a
1-22 group health insurance policy if the group health insurance policy
1-23 covers the employees of an employer and if:
1-24 (1) the individual is an employee of that employer;
2-1 (2) the individual applied for coverage under the
2-2 group health insurance policy not later than the 30th day after the
2-3 date on which the individual became eligible for coverage as an
2-4 employee of that employer;
2-5 (3) before becoming an employee of that employer, the
2-6 individual was covered under a group health insurance policy as an
2-7 employee of a previous employer; and
2-8 (4) the individual became an employee of the current
2-9 employer not later than the 90th day after the date employment with
2-10 the previous employer terminated.
2-11 (c) The spouse or dependent child of an individual who is
2-12 entitled to coverage under a group health insurance policy under
2-13 Subsection (b) of this article is entitled to coverage if the
2-14 spouse or dependent child was covered under the previous employer's
2-15 group health insurance policy.
2-16 (d) Coverage under a group health insurance policy that is
2-17 required by Subsection (b) or (c) of this article is subject to the
2-18 conditions, restrictions, and limitations of that policy other than
2-19 a preexisting condition provision.
2-20 SECTION 2. (a) This Act takes effect September 1, 1993.
2-21 (b) Subsections (b) and (c), Article 21.52C, Insurance Code,
2-22 as added by this Act, require coverage only under an insurance
2-23 policy that is delivered, issued for delivery, or renewed on or
2-24 after January 1, 1994. A policy that is delivered, issued for
2-25 delivery, or renewed before January 1, 1994, is governed by the law
2-26 as it existed immediately before the effective date of this Act,
2-27 and that law is continued in effect for that purpose.
3-1 SECTION 3. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended.