1-1  By:  Leedom                                            S.B. No. 888
    1-2        (In the Senate - Filed March 11, 1993; March 15, 1993, read
    1-3  first time and referred to Committee on Economic Development;
    1-4  April 21, 1993, reported favorably by the following vote:  Yeas 9,
    1-5  Nays 0; April 21, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Parker                                         x   
    1-9        Lucio              x                               
   1-10        Ellis              x                               
   1-11        Haley              x                               
   1-12        Harris of Dallas                               x   
   1-13        Harris of Tarrant  x                               
   1-14        Leedom             x                               
   1-15        Madla              x                               
   1-16        Rosson             x                               
   1-17        Shapiro            x                               
   1-18        Wentworth          x                               
   1-19                         A BILL TO BE ENTITLED
   1-20                                AN ACT
   1-21  relating to standards for long-term care insurance policies.
   1-22        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-23        SECTION 1.  Section 3, Article 3.70-12, Insurance Code, is
   1-24  amended to read as follows:
   1-25        Sec. 3.  Minimum standards for long-term care insurance.
   1-26  (a)  The State Board of Insurance by rule shall establish specific
   1-27  standards for provisions of long-term care insurance policies and
   1-28  standards for full and fair disclosure setting forth the manner,
   1-29  content, and required disclosures for the marketing and sale of
   1-30  long-term care insurance policies.  Those standards are in addition
   1-31  to and in accordance with applicable laws of this state, including
   1-32  Subchapter G of Chapter 3 of this code, applicable federal law, and
   1-33  any rules, regulations, and standards required by federal law.
   1-34        (b)  The standards established under Subsection (a) of this
   1-35  section shall cover the following:
   1-36              (1)  terms of renewability;
   1-37              (2)  initial and subsequent conditions of eligibility;
   1-38              (3)  nonduplication of coverage;
   1-39              (4)  coverage of dependents;
   1-40              (5)  preexisting conditions;
   1-41              (6)  termination of insurance;
   1-42              (7)  continuation or conversion;
   1-43              (8)  probationary periods;
   1-44              (9)  benefit limitations, exceptions, and reductions;
   1-45              (10)  elimination periods;
   1-46              (11)  requirements for replacement;
   1-47              (12)  recurrent conditions;
   1-48              (13)  definitions of terms; and
   1-49              (14)  inflation protection.
   1-50        (c)  The standards established under Subsection (a) of this
   1-51  section may:
   1-52              (1)  establish standard claim and policy forms;
   1-53              (2)  require coverage for:
   1-54                    (A)  skilled nursing care;
   1-55                    (B)  intermediate nursing care;
   1-56                    (C)  custodial care; and
   1-57                    (D)  home health care;
   1-58              (3)  require that premium rates may not be raised for a
   1-59  covered individual unless the increase is made for all members of
   1-60  the class to which the individual has been assigned by the insurer;
   1-61              (4)  require an insurer to pay for services covered by
   1-62  the policy that are rendered by any institution licensed to provide
   1-63  those services under Chapter 242, Health and Safety Code; and
   1-64              (5)  require a health maintenance organization to
   1-65  permit participation by any institution licensed to provide
   1-66  services covered under the evidence of coverage under Chapter 242,
   1-67  Health and Safety Code.
   1-68        (d) <(b)>  Any rules issued by the State Board of Insurance
    2-1  under this section shall include requirements no less favorable
    2-2  than the minimum standards of benefits for long-term care insurance
    2-3  adopted in any model laws or regulations relating to minimum
    2-4  standards for benefits for long-term care insurance and mandated by
    2-5  federal law.
    2-6        (e) <(c)>  In addition to other provisions of this section, a
    2-7  long-term care insurance policy or certificate subject to this
    2-8  article may not contain a provision which denies a claim for losses
    2-9  incurred more than six months from the effective date of coverage
   2-10  for a preexisting condition.  A policy may not define a preexisting
   2-11  condition more restrictively than a condition for which medical
   2-12  advice was given or treatment was recommended by or received from a
   2-13  physician within six months before the effective date of coverage.
   2-14  The State Board of Insurance by rule may provide for additional
   2-15  reasonable regulation of preexisting conditions consistent with
   2-16  this section.  That authority includes the authority to extend the
   2-17  limitations periods set forth in this section as to specific age
   2-18  group categories in specific policy forms, based on the board's
   2-19  first finding that such an extension is in the best interest of the
   2-20  public.
   2-21        SECTION 2.  The importance of this legislation and the
   2-22  crowded condition of the calendars in both houses create an
   2-23  emergency and an imperative public necessity that the
   2-24  constitutional rule requiring bills to be read on three several
   2-25  days in each house be suspended, and this rule is hereby suspended,
   2-26  and that this Act take effect and be in force from and after its
   2-27  passage, and it is so enacted.
   2-28                               * * * * *
   2-29                                                         Austin,
   2-30  Texas
   2-31                                                         April 21, 1993
   2-32  Hon. Bob Bullock
   2-33  President of the Senate
   2-34  Sir:
   2-35  We, your Committee on Economic Development to which was referred
   2-36  S.B. No. 888, have had the same under consideration, and I am
   2-37  instructed to report it back to the Senate with the recommendation
   2-38  that it do pass and be printed.
   2-39                                                         Lucio,
   2-40  Vice-Chairman
   2-41                               * * * * *
   2-42                               WITNESSES
   2-43                                                  FOR   AGAINST  ON
   2-44  ___________________________________________________________________
   2-45  Name:  Elizabeth Little                          x
   2-46  Representing:  AARP
   2-47  City:  Austin
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   2-49  Name:  Tom Bond                                          x
   2-50  Representing:  Texas HMO Association
   2-51  City:  Austin
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   2-53  Name:  Erwin Lenet                               x
   2-54  Representing:  TX Silver Haired Legislature
   2-55  City:  Dallas
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   2-57  Name:  Jack Ratkovic                             x
   2-58  Representing:  TSHL
   2-59  City:  Corpus Christi
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   2-61                                                  FOR   AGAINST  ON
   2-62  ___________________________________________________________________
   2-63  Name:  William S. McCaffrey                      x
   2-64  Representing:  TX Silver Haired Legislature
   2-65  City:  Temple
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   2-67  Name:  John W. Holtermann                        x
   2-68  Representing:  TX Silver Haired Legislature
   2-69  City:  San Marcos
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    3-1  Name:  Phill Parmer                              x
    3-2  Representing:  TX Silver Haired Legislature
    3-3  City:  Sunrise Beach, TX
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