BILL ANALYSIS
S.B. 182
By: Rosson
Economic Development
04-12-95
Committee Report (Unamended)
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
As proposed, 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 grant any
additional rulemaking authority to a state officer, institution, or
agency.
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.
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.