SRC-JFA H.B. 2063 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2063
By: Van de Putte (Cain)
Economic Development
5-14-97
Engrossed


DIGEST 

Currently, certain dental patients have conditions which require that they
receive anesthesia or are hospitalized in order to receive dental
treatment.  These patients would include very small children who need
extensive care and persons with mental or physical handicaps.  Many
benefit plans deny payment for the necessary anesthesia and
hospitalization which may be necessary for these patients to receive care.
This bill would prohibit a health benefit plan from excluding from
coverage under the plan an individual who is unable to undergo dental
treatment in an office setting or under local anesthesia due to a
documented physical, mental, or medical reason as determined by the
individual's physician or the dentist providing the dental care.     

Additionally, temporomandibular joint disorders can cause severe
headaches, earaches, and muscle spasms.  While an act passed in the 70th
Legislature required coverage for such disorders, additional clarification
may be necessary to update the Insurance Code.  This bill would mandate
coverage by health benefit plans for diagnosis and treatment of
temporomandibular joint disorders. 
  
PURPOSE

As proposed, H.B. 2063  prohibits a health benefit plan from excluding
from coverage under the plan an individual who is unable to undergo dental
treatment in an office setting or under local anesthesia due to a
documented physical, mental, or medical reason as determined by the
individual's physician or the dentist providing the dental care.
Additionally, this bill mandates coverage by health benefit plans for
diagnosis and treatment of temporomandibular joint disorders.   

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 21.53A, Insurance Code, as follows: 

Sec. 1.  DEFINITION.  Defines "health benefit plan."  Makes a conforming
change.    

Sec. 2.  SCOPE OF ARTICLE.  Sets forth the group health plans that this
article applies to in regard to benefits for certain bone and joint
procedures.  Sets forth the group health plans that this article does not
apply to.  Deletes existing definition of "health insurance policy."  
Sec. 3.  REQUIRED BENEFIT FOR DIAGNOSIS AND TREATMENT AFFECTING
TEMPOROMANDIBULAR JOINT.  Requires each health benefit plan, rather than
insurance policy, delivered or issued for delivery in this state that
provides benefits for the medically necessary diagnostic or, rather than
and/or, surgical treatment of skeletal joints to provide, rather than
include, comparable coverage as provided by this article, rather than
benefits, for the medically necessary diagnostic or surgical treatment of
conditions affecting the temporomandibular, rather than temporomandibular
jaw or craniomandibular, joint. Provides that for purposes of this
section, the temporomandibular joint includes the jaw and the
craniomandibular joint.  Requires each health benefit plan to provide
coverage under this article for diagnosis or surgical treatment medically
necessary as a result of an accident; a trauma; a congenital defect; a
developmental defect; or a pathology.  Authorizes all other  provisions,
rather than policy provisions, generally applicable to surgical treatment
under the health benefit plan to be applied to the benefits required under
this article.  Makes conforming changes.  

Sec. 4.  DENTAL SERVICES.  Prohibits a health benefit plan from excluding
from coverage under the plan an individual who is unable to undergo dental
treatment in an office setting or under local anesthesia due to a
documented physical, mental, or health reason as determined by the
individual's physician or the dentist providing the dental care.  Deletes
existing Subsection (e).  Makes conforming changes.  

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

SECTION 3. Emergency clause.