H.B. No. 369
    1-1                                AN ACT
    1-2  relating to the operation and funding of small employer health
    1-3  benefit plans.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Article 26.02, Insurance Code, is amended by
    1-6  amending Subdivisions (8), (12), and (23) and by adding Subdivision
    1-7  (25) to read as follows:
    1-8              (8)  "Eligible employee" means an employee who works on
    1-9  a full-time basis and who usually works at least 30 hours a week.
   1-10  The term includes a sole proprietor, a partner, and an independent
   1-11  contractor, if the sole proprietor, partner, or independent
   1-12  contractor is included as an employee under a health benefit plan
   1-13  of a small employer.  The term does not include:
   1-14                    (A)  an employee who works on a part-time,
   1-15  temporary, seasonal, or substitute basis; or
   1-16                    (B)  an employee who is covered under:
   1-17                          (i)  another health benefit plan; <or>
   1-18                          (ii)  a self-funded or self-insured <an>
   1-19  employee welfare benefit plan that provides health benefits and
   1-20  that is established in accordance with the Employee Retirement
   1-21  Income Security Act of 1974 (29 U.S.C. Section 1001 et seq.);
   1-22                          (iii)  the Medicaid program if the employee
   1-23  elects not to be covered;
    2-1                          (iv)  another federal program, including
    2-2  the CHAMPUS program or Medicare program, if the employee elects not
    2-3  to be covered; or
    2-4                          (v)  a benefit plan established in another
    2-5  country if the employee elects not to be covered.
    2-6              (12)  "Late enrollee" means an eligible employee or
    2-7  dependent who requests enrollment in a small employer's health
    2-8  benefit plan after the expiration of the initial enrollment period
    2-9  established under the terms of the first plan for which that
   2-10  employee or dependent was eligible through the small employer or
   2-11  after the expiration of an open enrollment period under Article
   2-12  26.21(h) of this code.  An eligible employee or dependent is not a
   2-13  late enrollee if:
   2-14                    (A)  the individual:
   2-15                          (i)  was covered under another employer
   2-16  health benefit plan at the time the individual was eligible to
   2-17  enroll;
   2-18                          (ii)  declines in writing, at the time of
   2-19  the initial eligibility, stating that coverage under another
   2-20  employer health benefit plan was the reason for declining
   2-21  enrollment;
   2-22                          (iii)  has lost coverage under another
   2-23  employer health benefit plan as a result of the termination of
   2-24  employment, the termination of the other plan's coverage, the death
   2-25  of a spouse, or divorce; and
    3-1                          (iv)  requests enrollment not later than
    3-2  the 31st day after the date on which coverage under another
    3-3  employer health benefit plan terminates;
    3-4                    (B)  the individual is employed by an employer
    3-5  who offers multiple health benefit plans and the individual elects
    3-6  a different health benefit plan during an open enrollment period;
    3-7  or
    3-8                    (C)  a court has ordered coverage to be provided
    3-9  for a spouse or minor child under a covered employee's plan and
   3-10  request for enrollment is made not later than the 31st day after
   3-11  issuance of the date on which the court order is issued.
   3-12              (23)  "Small employer health benefit plan" means a plan
   3-13  developed by the commissioner under <the preventive and primary
   3-14  care benefit plan, the in-hospital benefit plan, or the standard
   3-15  health benefit plan described by> Subchapter E of this chapter or
   3-16  any other health benefit plan offered to a small employer in
   3-17  accordance with Article 26.42(c) or 26.48 <(d)> of this code.
   3-18              (25)  "Point-of-service contract" means a benefit plan
   3-19  offered through a health maintenance organization that:
   3-20                    (A)  includes corresponding indemnity benefits in
   3-21  addition to benefits relating to out-of-area or emergency services
   3-22  provided through insurers or group hospital service corporations;
   3-23  and
   3-24                    (B)  permits the insured to obtain coverage under
   3-25  either the health maintenance organization conventional plan or the
    4-1  indemnity plan as determined in accordance with the terms of the
    4-2  contract.
    4-3        SECTION 2.  Articles 26.06(a) and (b), Insurance Code, are
    4-4  amended to read as follows:
    4-5        (a)  An individual or group health benefit plan is subject to
    4-6  this chapter if it provides health care benefits covering three or
    4-7  more eligible employees of a small employer and if it meets any one
    4-8  of the following conditions:
    4-9              (1)  a portion of the premium or benefits is paid by
   4-10  <or on behalf of> a small employer; or
   4-11              (2)  <a covered individual is reimbursed, whether
   4-12  through wage adjustments or otherwise, by or on behalf of a small
   4-13  employer for a portion of the premium; or>
   4-14              <(3)>  the health benefit plan is treated by the
   4-15  employer or by a covered individual as part of a plan or program
   4-16  for the purposes of Section 106 or 162, Internal Revenue Code of
   4-17  1986 (26 U.S.C. Section 106 or 162).
   4-18        (b)  Except as provided by Subsection (a) of this article,
   4-19  this chapter does not apply to an individual health insurance
   4-20  policy that is subject to individual underwriting, even if the
   4-21  premium is remitted through a payroll deduction method
   4-22  <underwritten individually>.
   4-23        SECTION 3.  Article 26.14, Insurance Code, is amended to read
   4-24  as follows:
   4-25        Art. 26.14.  PRIVATE PURCHASING COOPERATIVE.  (a)  Two or
    5-1  more small employers may form a cooperative for the purchase of
    5-2  small employer health benefit plans.  A cooperative must be
    5-3  organized as a nonprofit corporation and has the rights and duties
    5-4  provided by the Texas Non-Profit Corporation Act (Article 1396-1.01
    5-5  et seq., Vernon's Texas Civil Statutes).
    5-6        (b)  On receipt of a certificate of incorporation or
    5-7  certificate of authority from the secretary of state, the
    5-8  cooperative shall file written notification of the receipt of the
    5-9  certificate and a copy of the cooperative's organizational
   5-10  documents with the commissioner.
   5-11        (c)  The board of directors shall file annually with the
   5-12  commissioner a statement of all amounts collected and expenses
   5-13  incurred for each of the preceding three years.
   5-14        (d)  A purchasing cooperative or a member of the board of
   5-15  directors, the executive director, or an employee or agent of a
   5-16  purchasing cooperative is not liable for:
   5-17              (1)  an act performed in good faith in the execution of
   5-18  duties in connection with the purchasing cooperative; or
   5-19              (2)  an independent action of a small employer
   5-20  insurance carrier or a person who provides health care services
   5-21  under a health benefit plan.
   5-22        SECTION 4.  Article 26.21, Insurance Code, is amended to read
   5-23  as follows:
   5-24        Art. 26.21.  SMALL EMPLOYER HEALTH BENEFIT PLANS; EMPLOYER
   5-25  ELECTION.  (a)  Each small employer carrier shall provide the small
    6-1  employer health benefit plans without regard to claim experience,
    6-2  health status, or medical history.  Each small employer carrier
    6-3  shall issue the plan chosen by the small employer to each small
    6-4  employer that elects to be covered under that plan<, agrees to make
    6-5  the required premium payments,> and agrees to satisfy the other
    6-6  requirements of the plan.
    6-7        (b)  This article does not impose a statutory mandate of an
    6-8  employer contribution to the premium paid to the small employer
    6-9  carrier.  However, the small employer carrier may require an
   6-10  employer contribution in accordance with the carrier's usual and
   6-11  customary practices on all employer group health insurance plans in
   6-12  this state.  The premium contribution level shall be applied
   6-13  uniformly to each small employer offered or issued coverage by the
   6-14  small employer carrier in this state.  If two or more small
   6-15  employer carriers participate in a purchasing cooperative
   6-16  established under Article 26.14 of this code, the carrier may use
   6-17  the contribution requirement established by the purchasing
   6-18  cooperative for policies marketed by the cooperative.  <Coverage
   6-19  under a small employer health benefit plan is not available to a
   6-20  small employer unless the small employer pays at least 75 percent
   6-21  of the insurance premium for its eligible employees who elect to be
   6-22  covered by at least one of the small employer health benefit plans
   6-23  selected by the small employer.>  Coverage is available under a
   6-24  small employer health benefit plan if at least 75 <90> percent of a
   6-25  small employer's eligible employees elect to be covered.
    7-1        (c)  If a small employer offers multiple health benefit
    7-2  plans, the collective enrollment of all of those plans must be at
    7-3  least 75 percent of the small employer's eligible employees or, if
    7-4  applicable, the lower participation level offered by the small
    7-5  employer carrier under Subsection (d) of this article.  A small
    7-6  employer carrier may elect not to offer health benefit plans to a
    7-7  small employer who offers multiple health benefit plans if such
    7-8  plans are to be provided by more than one carrier and the small
    7-9  employer carrier would have less than 75 percent of the small
   7-10  employer's eligible employees enrolled in the small employer
   7-11  carrier's health benefit plan unless the coverage is provided
   7-12  through a purchasing cooperative.  A small employer who elects to
   7-13  make contributions for payment of the premium is not required to
   7-14  pay any amount with respect to an employee who elects not to be
   7-15  covered.  The small employer may elect to pay the premium cost for
   7-16  additional coverage.  This chapter does not require a small
   7-17  employer to purchase health insurance coverage for the employer's
   7-18  employees.
   7-19        (d)  A small employer carrier may offer small employer health
   7-20  benefit plans to a small employer even if less than 75 percent of
   7-21  the eligible employees of that employer elect to be covered if the
   7-22  small employer carrier permits the same percentage of participation
   7-23  as a qualifying percentage for each small employer benefit plan
   7-24  offered by that carrier in this state.  A small employer carrier
   7-25  may offer small employer health benefit plans to a small employer
    8-1  even if the employer's participation level is less than the small
    8-2  employer carrier's qualifying participation level established in
    8-3  accordance with this article if:
    8-4              (1)  the small employer obtains a written waiver for
    8-5  each eligible employee who declines coverage under a health plan
    8-6  offered to the small employer ensuring that the eligible employee
    8-7  was not induced or pressured into declining coverage because of the
    8-8  employee's risk characteristics; and
    8-9              (2)  the small employer carrier accepts or rejects the
   8-10  entire group of eligible employees that choose to participate and
   8-11  excludes only those employees that have declined coverage, provided
   8-12  that the carrier may underwrite the group of eligible employees
   8-13  that do not decline coverage <(c)  An eligible employee may obtain
   8-14  coverage in addition to coverage purchased by the employer if at
   8-15  least 40 percent of the eligible employees elect to obtain the same
   8-16  additional coverage.  Subject to insurability, any number of
   8-17  eligible employees may otherwise obtain coverage in addition to
   8-18  coverage purchased by the employer.  The additional coverage may be
   8-19  paid for by the employer, the employee, or both>.
   8-20        (e)  A small employer carrier may not provide coverage to a
   8-21  small employer or the employees of a small employer under
   8-22  Subsection (d)(2) of this article if the health carrier or an agent
   8-23  for the health carrier knows that the small employer has induced or
   8-24  pressured an eligible employee or the employee's dependents to
   8-25  decline coverage because of an individual's risk characteristics.
    9-1        (f)  A small employer carrier, an employer, or an agent may
    9-2  not use the provisions of Subsection (d)(2) of this article to
    9-3  circumvent the requirements of this chapter.
    9-4        (g)  Except as otherwise provided by this chapter, a small
    9-5  employer carrier may not establish a separate class or classes of
    9-6  business for small employers.
    9-7        (h) <(d)>  The initial enrollment period for the employees
    9-8  and their dependents must be at least 31 <30> days, with a 31-day
    9-9  open enrollment period provided annually.
   9-10        (i) <(e)>  A small employer may establish a waiting period
   9-11  during which a new employee is not eligible for coverage.  A
   9-12  waiting period established as provided by this subsection may not
   9-13  exceed 90 days from the first day of employment.
   9-14        (j) <(f)>  A new employee of a covered small employer and the
   9-15  dependents of that employee may not be denied coverage if the
   9-16  application for coverage is received by the small employer carrier
   9-17  not later than the 31st day after the date on which the employment
   9-18  begins or on completion of a waiting period established by the
   9-19  employer under Subsection (i) of this article.
   9-20        (k) <(g)>  A late enrollee may be excluded from coverage
   9-21  until the next annual open enrollment period and <for 18 months
   9-22  from the date of application or> may be subject to a 12-month
   9-23  preexisting condition provision as described by Article <Articles>
   9-24  26.49<(b), (c), (d), and (e)> of this code.  <If both a period of
   9-25  exclusion from coverage and a preexisting condition provision are
   10-1  applicable to a late enrollee, the combined period of exclusion may
   10-2  not exceed 18 months from the date of the late application.>
   10-3        (l) <(h)>  A small employer carrier may not exclude any
   10-4  eligible employee or dependent, including a late enrollee, who
   10-5  would otherwise be covered under a small employer group.
   10-6        (m) <(i)>  A small employer health benefit plan issued by a
   10-7  small employer carrier may not limit or exclude, by use of a rider
   10-8  or amendment applicable to a specific individual, coverage by type
   10-9  of illness, treatment, medical condition, or accident, except for
  10-10  preexisting conditions or diseases as permitted under Article 26.49
  10-11  of this code.
  10-12        (n) <(j)>  A small employer health benefit plan may not limit
  10-13  or exclude initial coverage of a newborn child of a covered
  10-14  employee.  Any coverage of a newborn child of an employee under
  10-15  this subsection terminates on the 32nd <31st> day after the date of
  10-16  the birth of the child unless:
  10-17              (1)  dependent children are eligible for coverage; and
  10-18              (2)  notification of the birth and any required
  10-19  additional premium are received by the small employer carrier not
  10-20  later than the 31st <30th> day after the date of birth.
  10-21        (o) <(k)>  If the Consolidated Omnibus Budget Reconciliation
  10-22  Act of 1985 (Pub. L. No. 99-272, 100 Stat. 222) does not require
  10-23  continuation or conversion coverage for dependents of an employee,
  10-24  a dependent who has been covered by that small employer for at
  10-25  least one year or is under one year of age may elect to continue
   11-1  coverage under a small employer health benefit plan, if the
   11-2  dependent loses eligibility for coverage because of the death,
   11-3  divorce, or retirement of the employee, as required by Section 3B,
   11-4  Article 3.51-6, of this code.
   11-5        SECTION 5.  Article 26.31, Insurance Code, is amended by
   11-6  adding Subsections (e) and (f) to read as follows:
   11-7        (e)  A small employer carrier may not establish a separate
   11-8  class of business based on participation requirements.
   11-9        (f)  A small employer carrier may not establish a separate
  11-10  class of business based on whether the coverage provided to a small
  11-11  employer group is provided on a guaranteed issue basis or is
  11-12  subject to underwriting or proof of insurability.
  11-13        SECTION 6.  Article 26.38, Insurance Code, is amended to read
  11-14  as follows:
  11-15        Art. 26.38.  HEALTH MAINTENANCE ORGANIZATION; APPROVED HEALTH
  11-16  BENEFIT PLAN.  (a)  The premium rates for a state-approved health
  11-17  benefit plan offered by a health maintenance organization under
  11-18  Article 26.48 of this code must be established in accordance with
  11-19  formulas or schedules of charges filed with the department.
  11-20        (b)  A health maintenance organization that participates in a
  11-21  purchasing cooperative that provides employees of small employers a
  11-22  choice of benefit plans, that has established a separate class of
  11-23  business as provided by Article 26.31 of this code, and that has
  11-24  established a separate line of business as provided under Article
  11-25  26.48(a) of this code and Title XIII, Public Health Service Act (42
   12-1  U.S.C. Section 300e et seq.) may use rating methods in accordance
   12-2  with this subchapter that are used by other small employer carriers
   12-3  participating in the same cooperative, including rating by age and
   12-4  gender.
   12-5        SECTION 7.  Article 26.42, Insurance Code, is amended to read
   12-6  as follows:
   12-7        Art. 26.42.  SMALL EMPLOYER HEALTH BENEFIT PLANS.  (a)  A
   12-8  small employer carrier shall offer the following two <three> health
   12-9  benefit plans as adopted by the commissioner:
  12-10              (1)  the catastrophic <preventive and primary> care
  12-11  benefit plan; and
  12-12              (2)  the basic coverage <in-hospital> benefit plan<;
  12-13  and>
  12-14              <(3)  the standard health benefit plan>.
  12-15        (b)  A small employer carrier may offer to a small employer
  12-16  additional benefit riders to either of the <standard health>
  12-17  benefit plans <plan>.
  12-18        (c)  <A small employer carrier may not offer to a small
  12-19  employer benefit riders to:>
  12-20              <(1)  the preventive and primary care benefit plan,
  12-21  except as provided by Article 26.45(d) of this code; or>
  12-22              <(2)  the in-hospital benefit plan, except as provided
  12-23  by Article 26.46(e) of this code.>
  12-24        <(d)>  Subject to the provisions of this chapter, a small
  12-25  employer carrier may also offer to small employers any other health
   13-1  benefit plan authorized under this code.  Article 26.06(c) does not
   13-2  apply to a health benefit plan offered to a small employer under
   13-3  this subsection.
   13-4        SECTION 8.  Article 26.43(a), Insurance Code, is amended to
   13-5  read as follows:
   13-6        (a)  The commissioner shall promulgate the benefits section
   13-7  of the catastrophic care <preventive and primary> benefit plan
   13-8  and<,> the basic coverage <in-hospital> benefit plan<, and the
   13-9  standard health benefit plan> policy forms in accordance with
  13-10  Article 26.44A of this code and shall develop prototype policies
  13-11  for each of the benefit plans.  For all other portions of these
  13-12  policy forms, a small employer carrier shall comply with Article
  13-13  3.42 of this code as it relates to policy form approval and with
  13-14  the Texas Health Maintenance Organization Act (Article 20A.01 et
  13-15  seq., Vernon's Texas Insurance Code) as it relates to approval of
  13-16  an evidence of coverage.  A small employer carrier may not offer
  13-17  these <three> benefit plans through a policy form or evidence of
  13-18  coverage that does not comply with this chapter <article>.
  13-19        SECTION 9.  Subchapter E, Chapter 26, Insurance Code, is
  13-20  amended by adding Article 26.44A to read as follows:
  13-21        Art. 26.44A.  BENEFIT PLANS.  (a)  The commissioner by rule
  13-22  shall establish the coverage requirements for the catastrophic care
  13-23  benefit plan and the basic coverage benefit plan.  The commissioner
  13-24  shall develop prototype policies for use by small employer carriers
  13-25  that include all contractual provisions required to produce an
   14-1  entire contract in accordance with this article and this code.
   14-2        (b)  Coverage under the catastrophic care benefit plan must
   14-3  be designed to provide necessary coverage in the event of
   14-4  catastrophic illness or injury.  The commissioner shall establish
   14-5  deductibles and coinsurance requirements at levels that permit
   14-6  options for the insured to obtain affordable catastrophic coverage.
   14-7        (c)  The commissioner by rule shall establish coverage
   14-8  requirements for the basic coverage benefit plan.  Coverage under
   14-9  the basic coverage benefit plan must be designed to provide basic
  14-10  hospital, medical, and surgical coverages.  Benefits under the plan
  14-11  are limited to basic care requirements for illness and injury.
  14-12        (d)  The benefits provisions of the benefit plan policies
  14-13  must include the following:
  14-14              (1)  all required or applicable definitions;
  14-15              (2)  a list of any exclusions or limitations to
  14-16  coverage;
  14-17              (3)  a description of covered services required under
  14-18  the plan; and
  14-19              (4)  the deductible and coinsurance options that are
  14-20  required or permitted under the plan.
  14-21        SECTION 10.  Subchapter E, Chapter 26, Insurance Code, is
  14-22  amended by adding Article 26.44B to read as follows:
  14-23        Art. 26.44B.  ALCOHOL AND SUBSTANCE ABUSE BENEFITS.  If the
  14-24  small employer basic coverage benefit plan developed by the
  14-25  commissioner includes coverage for alcohol and substance abuse
   15-1  benefits, the employees of a small employer group may accept and
   15-2  small employer carriers may offer the basic coverage benefit plan
   15-3  without providing coverage for alcohol and substance abuse benefits
   15-4  if:
   15-5              (1)  at least 50 percent of the employees waive in
   15-6  writing the benefits and indicate in writing that they have
   15-7  undergone alcoholism or substance abuse treatment or counseling
   15-8  within the last three years; and
   15-9              (2)  the exclusion from coverage of alcohol and
  15-10  substance abuse applies to only those employees.
  15-11        SECTION 11.  Article 26.48, Insurance Code, is amended to
  15-12  read as follows:
  15-13        Art. 26.48.  HEALTH MAINTENANCE ORGANIZATION PLANS.  (a)
  15-14  Instead of the small employer health benefit plans described by
  15-15  this subchapter, a health maintenance organization may offer:
  15-16              (1)  a state-approved health benefit plan that complies
  15-17  with the requirements of Title XIII <XI>, Public Health Service Act
  15-18  (42 U.S.C. Section 300e et seq.) and rules adopted under that Act;
  15-19              (2)  a plan developed by the commissioner under Article
  15-20  26.44A of this code and additional benefit riders to the plan; or
  15-21              (3)  a point-of-service contract in connection with an
  15-22  insurance carrier that includes optional coverage for out-of-area
  15-23  services, emergency care, or out-of-network care.
  15-24        (b)  A contract offered by an insurance carrier under
  15-25  Subsection (a)(3) of this article is subject to all provisions of
   16-1  this chapter unless specifically exempted.  The insurance carrier
   16-2  with which the health maintenance organization contracts for a
   16-3  point-of-service contract is not required to otherwise make
   16-4  available the benefit plans adopted under Subchapter E of this
   16-5  chapter if the insurance carrier's small employer products are
   16-6  limited to the point-of-service contract.
   16-7        SECTION 12.  Article 26.49, Insurance Code, is amended to
   16-8  read as follows:
   16-9        Art. 26.49.  PREEXISTING CONDITION AND WAITING PERIOD
  16-10  PROVISIONS.  (a)  A <Except as provided by Article 26.21(g) of this
  16-11  code, a> preexisting condition provision in a small employer health
  16-12  benefit plan may not apply to expenses incurred on or after the
  16-13  expiration of the 12 months following <first anniversary of> the
  16-14  initial effective date of coverage of the enrollee or late
  16-15  enrollee.
  16-16        (b)  A preexisting condition provision in a small employer
  16-17  health benefit plan may not apply to coverage for a disease or
  16-18  condition other than a disease or condition<:>
  16-19              <(1)>  for which medical advice, diagnosis, care, or
  16-20  treatment was recommended or received during the six months before
  16-21  the effective date of coverage<; or>
  16-22              <(2)  that would have caused an ordinary, prudent
  16-23  person to seek medical advice, diagnosis, care, or treatment during
  16-24  the six months before the effective date of coverage>.
  16-25        (c)  A preexisting condition provision in a small employer
   17-1  health benefit plan may not apply to an individual who was
   17-2  continuously covered for a minimum period of 12 months by a health
   17-3  benefit plan that was in effect up to a date not more than 60 days
   17-4  before the effective date of coverage under the small employer
   17-5  health benefit plan, excluding any waiting period.
   17-6        (d)  <A preexisting condition provision may exclude coverage
   17-7  for a pregnancy existing on the effective date of the coverage,
   17-8  except as provided by Subsection (c) of this article.>
   17-9        <(e)>  In determining whether a preexisting condition
  17-10  provision applies to an individual covered by a small employer
  17-11  health benefit plan, the small employer carrier shall credit the
  17-12  time the individual was covered under a previous health benefit
  17-13  plan if the previous coverage was in effect at any time during the
  17-14  12 months preceding the effective date of coverage under a small
  17-15  employer health benefit plan.  If the previous coverage was issued
  17-16  by a health maintenance organization, any waiting period that
  17-17  applied before that coverage became effective also shall be
  17-18  credited against the preexisting condition provision period.
  17-19        (e)  A carrier that does not use a preexisting condition
  17-20  provision in any of its health benefit plans may impose an
  17-21  affiliation period.   For purposes of this subsection, "affiliation
  17-22  period" means a period not to exceed 90 days for new enrollees and
  17-23  not to exceed 180 days for late enrollees during which premiums are
  17-24  not collected and the issued coverage is not effective.
  17-25        (f)  Subsection (e) of this article does not preclude
   18-1  application of any waiting period applicable to all new enrollees
   18-2  under the health benefit plan.  However, any carrier-imposed
   18-3  waiting period may not exceed 90 days and must be used in lieu of a
   18-4  preexisting condition provision.
   18-5        SECTION 13.  Article 26.54, Insurance Code, is amended by
   18-6  adding Subsection (e) to read as follows:
   18-7        (e)  There is no liability on the part of, and no cause of
   18-8  action of any nature arises against, a member of the board of
   18-9  directors for action or omission performed in good faith in the
  18-10  performance of powers and duties under this subchapter.
  18-11        SECTION 14.  Article 26.71, Insurance Code, is amended to
  18-12  read as follows:
  18-13        Art. 26.71.  FAIR MARKETING.  (a)  Each small employer
  18-14  carrier shall market the small employer health benefit plan through
  18-15  properly licensed agents to eligible small employers in this state.
  18-16  Each small employer purchasing a small employer health benefit plan
  18-17  shall be given a summary of the benefit plans established by the
  18-18  commissioner under Subchapter E of this chapter.  The commissioner
  18-19  shall prescribe the format of the summary.  The <must affirm that
  18-20  the> agent shall offer and explain each of the plans to the small
  18-21  employer on inquiry and request by the small <who sold the plan
  18-22  offered and explained all three plans to that> employer.
  18-23        (b)  <The department may require periodic demonstration by
  18-24  small employer carriers and agents that those carriers and agents
  18-25  are marketing or issuing small employer health benefit plans to
   19-1  small employers in fulfillment of the purposes of this article.>
   19-2        <(c)>  The department may require periodic reports by small
   19-3  employer carriers and agents regarding small employer health
   19-4  benefit plans issued by those carriers and agents.  The reporting
   19-5  requirements shall include information regarding case
   19-6  characteristics and the numbers of small employer health benefit
   19-7  plans in various categories that are marketed or issued to small
   19-8  employers.
   19-9        SECTION 15.  Article 26.75, Insurance Code, is amended to
  19-10  read as follows:
  19-11        Art. 26.75.  RULES.  The commissioner <board> may adopt rules
  19-12  setting forth additional standards to provide for the fair
  19-13  marketing and broad availability of small employer health benefit
  19-14  plans to small employers in this state.
  19-15        SECTION 16.  Section 1(d)(3)(A)(i), Article 3.51-6, Insurance
  19-16  Code, is amended to read as follows:
  19-17                          (i)  An insurer shall first offer to each
  19-18  employee, member, or dependent a conversion policy without evidence
  19-19  of insurability if written application for and payment of the first
  19-20  premium is made not later than the 31st day after the date of the
  19-21  termination.  The converted policy shall provide similar <the same>
  19-22  coverage and benefits as provided under the group policy or plan.
  19-23  The lifetime maximum benefits shall be computed from the initial
  19-24  date of the employee's, member's, or dependent's coverage with the
  19-25  group.  An insurer shall offer and an employee, member, or
   20-1  dependent may elect lesser coverage and benefits.  An employee,
   20-2  member, or dependent shall not be entitled to have a converted
   20-3  policy or plan issued if termination of the insurance occurred
   20-4  because:  (aa) such person failed to pay any required premium; or
   20-5  (bb) any discontinued group coverage was replaced by similar group
   20-6  coverage within 31 days.
   20-7        SECTION 17.  Articles 26.45, 26.46, 26.47, and 26.47A,
   20-8  Insurance Code, are repealed effective June 1, 1996.
   20-9        SECTION 18.  The commissioner of insurance shall develop and
  20-10  adopt rules establishing small employer health benefit plans under
  20-11  Subchapter E, Chapter 26, Insurance Code, as amended by this Act,
  20-12  not later than January 1, 1996.
  20-13        SECTION 19.  (a)  Each small employer health benefit plan,
  20-14  including prototype plans developed by the commissioner of
  20-15  insurance, under Chapter 26, Insurance Code, as amended by this
  20-16  Act, shall be offered, delivered, or issued for delivery to small
  20-17  employers beginning June 1, 1996.
  20-18        (b)  A small employer health benefit plan issued before
  20-19  September 1, 1993, is governed by the law in effect immediately
  20-20  before September 1, 1993, except that on and after September 1,
  20-21  1995, those plans are subject to the provisions of Subchapter D,
  20-22  Chapter 26, Insurance Code, as amended by this Act.
  20-23        (c)  A small employer health benefit plan issued on or after
  20-24  September 1, 1993, but before June 1, 1996, must comply with
  20-25  Chapter 26, Insurance Code, as amended by this Act, beginning on
   21-1  the first renewal date of the health benefit plan following June 1,
   21-2  1996.
   21-3        (d)  Article 26.38, Insurance Code, as amended by this Act,
   21-4  applies to small employer health benefit plans offered, issued, or
   21-5  issued for delivery on or after September 1, 1995.
   21-6        (e)  Article 3.51-6, Insurance Code, as amended by this Act,
   21-7  applies only to a health benefit plan offered, delivered, or issued
   21-8  for delivery on or after June 1, 1996.
   21-9        SECTION 20.  This Act takes effect September 1, 1995.
  21-10        SECTION 21.  The importance of this legislation and the
  21-11  crowded condition of the calendars in both houses create an
  21-12  emergency and an imperative public necessity that the
  21-13  constitutional rule requiring bills to be read on three several
  21-14  days in each house be suspended, and this rule is hereby suspended.