By:  Lucio                                            S.B. No. 1706
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to denial of or limitation on health insurance coverage
    1-2  because of a preexisting condition.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter E, Chapter 21, Insurance Code, is
    1-5  amended by adding Article 21.49-2E to read as follows:
    1-6        Art. 21.49-2E.  EXCLUSION OF COVERAGE FOR PREEXISTING
    1-7  CONDITION
    1-8        Sec. 1.  DEFINITIONS.  In this article:
    1-9              (1)  "Dependent" means:
   1-10                    (A)  a spouse;
   1-11                    (B)  a newborn child;
   1-12                    (C)  a child under the age of 19 years;
   1-13                    (D)  a child who is a full-time student under the
   1-14  age of 23 years and who is financially dependent on the parent;
   1-15                    (E)  a child of any age who is medically
   1-16  certified as disabled and dependent on the parent; and
   1-17                    (F)  any person who must be covered under:
   1-18                          (i)  Section 3D or 3E, Article 3.51-6, of
   1-19  this code; or
   1-20                          (ii)  Section 2(L), Chapter 397, Acts of
   1-21  the 54th Legislature, Regular Session, 1955 (Article 3.70-2,
   1-22  Vernon's Texas Insurance Code).
   1-23              (2)  "Eligible employee" means a permanent employee who
   1-24  is actively engaged on a full-time basis in the conduct of the
    2-1  business of the employer with a normal work week of at least 30
    2-2  hours, in the employer's regular place of business, and who has met
    2-3  any statutorily authorized applicable waiting period requirements.
    2-4  The term includes a sole proprietor or a partner of a partnership
    2-5  if that person is actively engaged on a full-time basis in the
    2-6  employer's business, and is included as an employee under a health
    2-7  benefit plan of an employer.  The term does not include an employee
    2-8  who:
    2-9                    (A)  works on a part-time, temporary, seasonal,
   2-10  or substitute basis; or
   2-11                    (B)  is covered under another health benefit plan
   2-12  or a self-funded employee welfare benefit plan that provides health
   2-13  benefits and that is established in accordance with the Employee
   2-14  Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et
   2-15  seq.).
   2-16              (3)  "Franchise insurance policy" means an individual
   2-17  health benefit plan under which a number of individual policies are
   2-18  offered to a selected group of employees of an employer.
   2-19              (4)  "Health benefit plan" means a group, blanket, or
   2-20  franchise insurance policy, a certificate issued under a group
   2-21  policy, a group hospital service contract, or a group subscriber
   2-22  contract or evidence of coverage issued by a health maintenance
   2-23  organization that provides benefits for health care services.  The
   2-24  term does not include:
   2-25                    (A)  accident-only insurance coverage;
   2-26                    (B)  credit insurance coverage;
   2-27                    (C)  disability insurance coverage;
    3-1                    (D)  specified disease coverage or other limited
    3-2  benefit policies;
    3-3                    (E)  coverage of Medicare services under a
    3-4  federal contract;
    3-5                    (F)  Medicare supplement and Medicare Select
    3-6  policies regulated in accordance with federal law;
    3-7                    (G)  long-term care insurance coverage;
    3-8                    (H)  coverage limited to dental care;
    3-9                    (I)  coverage limited to care of vision;
   3-10                    (J)  coverage provided by a single service health
   3-11  maintenance organization;
   3-12                    (K)  insurance coverage issued as a supplement to
   3-13  liability insurance;
   3-14                    (L)  insurance coverage arising out of a workers'
   3-15  compensation system or similar statutory system;
   3-16                    (M)  automobile personal injury protection
   3-17  coverage;
   3-18                    (N)  jointly managed trusts authorized under 29
   3-19  U.S.C. Section 141 et seq. that contain a plan of benefits for
   3-20  employees that is negotiated in a collective bargaining agreement
   3-21  governing wages, hours, and working conditions of the employees
   3-22  that is authorized under 29 U.S.C. Section 157;
   3-23                    (O)  hospital confinement indemnity coverage; or
   3-24                    (P)  reinsurance contracts issued on a stop-loss,
   3-25  quota-share, or similar basis.
   3-26              (5)  "Health carrier" means any entity authorized under
   3-27  this code or another insurance law of this state that provides
    4-1  health benefit plans in this state, including an insurance company,
    4-2  a group hospital service corporation under Chapter 20 of this code,
    4-3  a health maintenance organization, and a stipulated premium company
    4-4  under Chapter 22 of this code.
    4-5              (6)  "Health maintenance organization" means an entity
    4-6  regulated under the Texas Health Maintenance Organization Act
    4-7  (Chapter 20A, Vernon's Texas Insurance Code).
    4-8              (7)  "Late enrollee" means an eligible employee or
    4-9  dependent who requests enrollment in an employer's health benefit
   4-10  plan after the expiration of the initial enrollment period
   4-11  established under the terms of the first plan for which that
   4-12  employee or dependent was eligible through the employer.  An
   4-13  eligible employee or dependent is not a late enrollee if the
   4-14  individual:
   4-15                    (A)  was covered under another employer health
   4-16  benefit plan at the time the individual was eligible to enroll;
   4-17                    (B)  declines in writing, at the time of the
   4-18  initial eligibility, stating that coverage under another employer
   4-19  health benefit plan was the reason for declining enrollment;
   4-20                    (C)  has lost coverage under another employer
   4-21  health benefit plan as a result of the termination of employment,
   4-22  the termination of the other plan's coverage, the death of a
   4-23  spouse, or divorce; and
   4-24                    (D)  requests enrollment not later than the 31st
   4-25  day after the date on which coverage under another employer health
   4-26  benefit plan terminates.
   4-27              (8)  "Person" means an individual, corporation,
    5-1  partnership, association, or other private legal entity.
    5-2              (9)  "Preexisting condition" means a medical condition
    5-3  of an applicant for coverage under a health benefit plan for which
    5-4  medical advice, diagnosis, care, or treatment was recommended or
    5-5  received during the six months before the effective date of the
    5-6  coverage.
    5-7              (10)  "Preexisting condition provision" means a
    5-8  provision that excludes or limits coverage for a preexisting
    5-9  condition for a specified period after the effective date of
   5-10  coverage under a health benefit plan.
   5-11              (11)  "Qualifying prior coverage" means:
   5-12                    (A)  an individual or group policy, contract, or
   5-13  program that is written or administered by a health carrier,
   5-14  nonprofit hospital service plan, health maintenance organization,
   5-15  stipulated premium company, fraternal benefits society,
   5-16  self-insured employer plan, or any other entity, in this state or
   5-17  elsewhere, and that arranges or provides medical, hospital, and
   5-18  surgical coverage not designed to supplement other private or
   5-19  governmental plans, including continuation or conversion coverage
   5-20  but not including coverage excluded under Subdivision (4) of this
   5-21  section;
   5-22                    (B)  the federal Medicare program under Title
   5-23  XVIII, Social Security Act (42 U.S.C. Section 1395 et seq.);
   5-24                    (C)  the federal Medicaid program under Title
   5-25  XIX, Social Security Act (42 U.S.C. Section 1396 et seq.); or
   5-26                    (D)  any other publicly sponsored program,
   5-27  provided in this state or elsewhere, of medical, hospital, and
    6-1  surgical care.
    6-2              (12)  "Waiting period" means a set time established by
    6-3  an employer during which a new employee is not eligible for
    6-4  coverage.
    6-5        Sec. 2.  RESTRICTIONS ON USE OF PREEXISTING CONDITION
    6-6  PROVISIONS.  (a)  A preexisting condition provision in a health
    6-7  benefit plan for which the employer pays a portion of the employee
    6-8  premium may not apply to an individual who was continuously covered
    6-9  under qualifying prior coverage that was in effect:
   6-10              (1)  for a minimum period of 12 months; and
   6-11              (2)  up to a date not more than 60 days before:
   6-12                    (A)  the effective date of coverage under a
   6-13  health benefit plan; or
   6-14                    (B)  if a mandatory waiting period is applicable,
   6-15  the first day of the waiting period.
   6-16        (b)  In determining whether a preexisting condition provision
   6-17  applies to an individual covered by a health benefit plan, the
   6-18  health carrier shall credit the time the individual was covered
   6-19  under qualifying prior coverage if the previous coverage was in
   6-20  effect at any time during the 12 months before the effective date
   6-21  of coverage under a health benefit plan.  If the previous coverage
   6-22  was issued by a health maintenance organization, any waiting period
   6-23  that applied before that coverage became effective also shall be
   6-24  credited against the preexisting condition provision period.
   6-25        (c)  Before being eligible for coverage, a late enrollee may
   6-26  be required to wait until the next open enrollment period or the
   6-27  annual renewal date of the policy, or may be subject to a 12-month
    7-1  preexisting condition provision.
    7-2        (d)  A preexisting condition provision in a health benefit
    7-3  plan may not apply to coverage for a disease or condition other
    7-4  than a disease or condition for which medical advice, diagnosis,
    7-5  care, or treatment was recommended or received during the six
    7-6  months before the effective date of coverage under the plan.
    7-7        (e)  An employer may establish a waiting period during which
    7-8  a new employee is not eligible for coverage.
    7-9        (f)  To determine if preexisting conditions exist, a health
   7-10  carrier shall ascertain the source of previous or existing coverage
   7-11  of each eligible employee and each dependent of an eligible
   7-12  employee at the time that employee or dependent initially enrolls
   7-13  in the health benefit plan provided by the health carrier.  The
   7-14  health carrier shall contact the source of the previous or existing
   7-15  coverage to resolve any questions about the benefits or limitations
   7-16  related to that previous or existing coverage.
   7-17        SECTION 2.  This Act takes effect September 1, 1995, and
   7-18  applies only to a health insurance policy, contract, or evidence of
   7-19  coverage that is delivered, issued for delivery, or renewed on or
   7-20  after January 1, 1996.  A policy, contract, or evidence of coverage
   7-21  that is delivered, issued for delivery, or renewed before January
   7-22  1, 1996, is governed by the law as it existed immediately before
   7-23  the effective date of this Act, and that law is continued in effect
   7-24  for that purpose.
   7-25        SECTION 3.  The importance of this legislation and the
   7-26  crowded condition of the calendars in both houses create an
   7-27  emergency and an imperative public necessity that the
    8-1  constitutional rule requiring bills to be read on three several
    8-2  days in each house be suspended, and this rule is hereby suspended.