SRC-JFA H.B. 1865 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1865
By: Maxey (Shapleigh)
Economic Development
5-12-97
Engrossed


DIGEST 

Currently, the Insurance Code authorizes an insurer to pay an accelerated
benefit under a group term life insurance policy under certain conditions.
During the interim, the House Human Services Committee recommended that an
insured under a life insurance policy obtain proceed from the policy
before death.  Federal health reform legislation passed by the 104th
Congress established a preferred tax status for accelerated benefit under
certain circumstances.  This bill would authorize an insurer to pay an
accelerated benefit under an individual or group term life insurance
policy if the company has evidence that the insured has a terminal
illness, long-term care illness, or a specified disease.   

PURPOSE

As proposed, H.B. 1865 authorizes an insurer to pay an accelerated benefit
under an  individual or group term life insurance policy if the company
has evidence that the insured has a terminal illness, long-term care
illness or a specified disease.   

RULEMAKING AUTHORITY

Rulemaking authority is granted to the commissioner of insurance in
SECTION 1 (Article 3.50-6(c), Insurance Code) of this bill.   

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 3.50-6, Insurance Code, as follows:

Art. 3.50-6.  New heading:  PAYMENT OF ACCELERATED LIFE INSURANCE
BENEFITS.  Defines "long-term care illness," "specified disease," and
"terminal illness." Authorizes an insurance company to pay an accelerated
benefit under an individual or group term life insurance policy or
certificate if, among other conditions, the company has received a written
medical opinion, satisfactory to the company, that the insured has a
terminal illness, a long-term care illness, or a specified disease, rather
than an opinion that the insured is not expected to continue living for
more than 12 months because of the terminal illness.  Deletes existing
Subdivision (b)(2).  Authorizes the commissioner of insurance to adopt
rules to implement this article.  Makes conforming changes.   

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

SECTION 3. Emergency clause.