BILL ANALYSIS S.B. 182 By: Rossen (Gray) 05-10-95 Committee Report (Amended) BACKGROUND The American College of Clinical Pathologists estimates that 50 percent of all women have clinically evident fibrocystic breasts, and autopsies reveal that 90 percent have some degree of fibrocystic disease. Despite these statistics, women are being denied insurance coverage upon diagnosis. PURPOSE S.B. 182 prohibits insurers, when issuing health insurance policies, from discriminating against women with fibrocystic breast conditions. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 21B, Insurance Code, by adding Article 21.21-6, as follows: Art. 21.21-6. FIBROCYSTIC BREAST CONDITIONS. (a) Defines "insurer." (b) Prohibits an insurer from denying coverage, refusing to renew an insurance policy, cancelling an insurance policy, limiting the coverage, or charging a different rate for equal coverage of an individual who has been diagnosed with or has a history of a fibrocystic breast condition. (c) Provides that an insurer who violates this article commits an unfair and deceptive practice as defined by Article 21.21 of this code and is subject to penalties under that article. (d) Nothing in this article requires insurers to pay for fibrocystic breast disease. SECTION 2. Amends Section 14(b), Article 20A.14(b), V.T.C.S., as follows: (b) Makes Article 21.21-6, Insurance Code, among others, applicable to health maintenance organizations that offer both basic and single health care coverage and plans, except to the extent that the commissioner determines provisions of the article are inappropriate. SECTION 3. Effective date: September 1, 1995. Makes application of this act prospective beginning January 1, 1996. SECTION 4. Emergency clause. EXPLANATION OF AMENDMENTS The Committee amendment to S.B. 182 adds specificity by adding the terms "health" and "policy or contract". SUMMARY OF COMMITTEE ACTION In accordance with House rules, S.B. 182 was heard in a public hearing on May 10, 1995. The Chair laid out S.B. 182 and an amendment to S.B. 182. The Chair recognized Representative Gray to explain the bill and amendment. The Chair recognized Representative Counts who moved the Committee adopt the amendment to S.B. 182. The Chair heard no objections and the amendment was adopted. The Chair recognized Representative Counts who moved the Committee report S.B. 182 as amended to the full House with the recommendation that it do pass, be printed, and be sent to the Committee on Local and Consent. Representative G. Lewis seconded the motion and the motion prevailed by the following vote: AYES: (6); NAYES: (0); PNV: (0); ABSENT: (3).