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).