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.