SRC-CDH C.S.H.B. 1173 75(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 1173
By: Coleman (Ellis)
Economic Development
5-18-97
Committee Report (Substituted)


DIGEST 

Currently, the Insurance Code requires insurers to offer and make
available to group policyholders coverage for certain serious mental
illnesses.  However, persons with serious mental illness may still be
unable to obtain adequate mental health care due to restrictions or limits
in coverage.  C.S.H.B. 1173 would expand the definition of serious mental
illness and require group health benefit plans to provide coverage for the
medical treatment of serious mental illness.  Additionally, this bill
would require plans to provide coverage for inpatient and outpatient
treatment and prohibit plans from including a lifetime limit on these
treatments. 

PURPOSE

As proposed, C.S.H.B. 1173 provides for coverage by certain health benefit
plans for certain serious mental illnesses. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 3.51-14, Insurance Code, as follows:

Art. 3.51-14.  New heading:  COVERAGE FOR CERTAIN SERIOUS MENTAL ILLNESSES

Sec. 1.  New heading:  DEFINITIONS.  Redefines "serious mental illness"
and defines "group health benefit plan" and "small employer." 

Sec. 2.  New heading:  SCOPE OF ARTICLE.  Provides that this article
applies only to a group health benefit plan that provides benefits for
medical or surgical expenses incurred as a result of a health condition,
accident, or sickness, including certain insurance policies or agreements,
group hospital service corporations, health maintenance organizations,
fraternal benefit societies, stipulated premium insurance companies, and
group health benefit plans. Deletes existing text regarding mandatory
coverage and exemptions.  Authorizes this article, notwithstanding Section
172.014, Local Government Code, or any other law, to apply to health and
accident coverage provided by a pool created under Chapter 172, Local
Government Code, if requested by an individual entity.   

Sec. 3.  New heading:  REQUIRED COVERAGE FOR SERIOUS MENTAL ILLNESSES.
Requires a group health benefit plan, except as provided by Section 4 of
this article, to provide coverage for 45 days of inpatient treatment and
60 visits for outpatient treatment in each calender year; and to include
the same amount limits, deductibles, and coinsurance factors for serious
mental illness as for physical illness.  Prohibits a group health benefit
plan from including a lifetime limit on the number of days of inpatient
treatment or the number of outpatient visits covered under the plan.
Prohibits the issuer of a group health benefit plan from counting toward
the number of outpatient visits required to be covered under Subsection
(a)(1) an outpatient visit for the purpose of medication management; and
requires the issuer of a group health benefit plan to cover that
outpatient visit under the same terms and conditions as it covers
outpatient visits for treatment of physical illness.  Authorizes an
issuer of a group health benefit plan to provide or offer coverage through
a managed care plan.  Deletes existing text regarding the level of
coverage offered under this article. 

Sec. 4.  SMALL EMPLOYER COVERAGE.  Requires an issuer of a group health
benefit plan to a small employer to offer the coverage described in
Section 3 of this article, with certain exceptions. 

Sec. 5.  CERTAIN BENEFITS PROHIBITED.  Prohibits this article from being
interpreted to require a group health benefit plan to provide coverage for
treatment of addiction to a controlled substance or marihuana that is used
in violation of law; or mental illness resulting from the use of a
controlled substance or marihuana in violation of law.  Defines
"controlled substance" and "marihuana." 

SECTION 2. Effective date:  September 1, 1997.
  Makes application of this Act prospective to January 1, 1998.

SECTION 3. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 1, Article 3.51-14, Insurance Code, to redefine "serious
mental illness" to include pervasive developmental disorders,
obsessive-compulsive disorders, and depression in childhood and
adolescence; and to delete the inclusion of a psychiatric illness that is
experienced in the period beginning a year before the date of treatment by
a person younger than 18 years of age and that interferes with or limits
the person's ability to function.   

Amends Section 2, Article 3.51-14, Insurance Code, to authorize this
article to apply to health and accident coverage by certain pools, if
requested by an individual entity.  Deletes proposed text which provides
that this article applies to health and accident coverage provided by
certain risk pools.