SRC-JFA C.S.S.B. 217 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 217
By: Zaffirini
Economic Development
3-20-97
Committee Report (Substituted)


DIGEST 

Currently, the Insurance Code does not require a health benefit plan to
provide coverage for a breast reconstruction operation following a
mastectomy surgery.  Breast cancer, which affects approximately 11,500
Texas women annually, can be one of the most traumatic experiences a women
ever endures due to a possible removal of a breast.  Studies have shown
that the fear of losing a breast is a leading reason why many women do not
participate in early breast cancer detection programs.  Medical technology
has made it possible to reconstruct a woman's breast following a
mastectomy surgery.  This bill would require certain health benefit plans
that provide coverage for a mastectomy to provide coverage for a breast
reconstruction operation to restore or achieve breast symmetry after a
mastectomy operation has been performed.   

PURPOSE

As proposed, C.S.S.B. 217 requires certain health benefits plans that
provide coverage for a mastectomy to provide coverage for a breast
reconstruction operation incident to the mastectomy.  
RULEMAKING AUTHORITY

Rulemaking authority is granted to the commissioner of the Texas
Department of Insurance under SECTION 1 (Art. 21.53D(5), Insurance Code)
of this bill.   

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 21E, Insurance Code, by adding Article 21.53D,
as follows: 

Art. 21.53D.  COVERAGE FOR RECONSTRUCTIVE SURGERY AFTER MASTECTOMY

Sec. 1.  DEFINITIONS.  Defines "health benefit plan" and "breast
reconstruction."   

Sec. 2.  SCOPE OF ARTICLE.  Provides that this article applies to a health
benefit plan that provides benefits for medical or surgical expenses
incurred as a result of a health condition, accident, or sickness; a plan
that is offered by a multiple employer welfare arrangement as defined by
Section 3, Employee Retirement Income Security Act of 1974 (29 U.S.C.
Section 1002), or another analogous benefit arrangement; or a plan that is
offered by an approved nonprofit health corporation that is certified
under Section 5.01(a), Medical Practice Act (Article 4495b, V.T.C.S.), and
that holds a certificate of authority issued by the commissioner of
insurance (commissioner) under Article 21.52F of this code.  Provides that
this article does not apply to a plan that provides coverage for certain
items; a small employer plan written under Chapter 26 of this code; a
Medicare supplemental policy as defined by Section 1882(g)(1), Social
Security Act (42 U.S.C. 1395ss); workers' compensation coverage; medical
payment insurance issued as part of a motor vehicle insurance policy; or a
long-term care policy, unless the commissioner determines that the policy
provides benefit coverage so comprehensive that the policy is a health
benefit plan as described in this section.   

Sec. 3.  COVERAGE REQUIRED.  Requires a health benefits plan that provides
coverage for a mastectomy to provide coverage for breast reconstruction.
Authorizes the coverage to be subject to the same deductible or copayment
applicable to the mastectomy.   
 
Sec. 4.  PROHIBITION.  Prohibits a health benefit plan from offering a
financial incentive for a patient to forego breast reconstruction or to
waive the coverage required by Section 3 of this article.  

Sec. 5.  RULES.  Authorizes the commissioner to adopt rules to implement
this article.   

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 proposed Article 21.53D, Insurance Code, to set forth the
definition of "health benefit plan" in Section 2 of the article.  Removes
original proposed definition set forth in Section 1.  Adds the proposed
scope of the article in Section 2.  Sets forth the proposed required
coverage in  Section 3, rather than Section 2.  Adds proposed prohibition
to certain activities in Section 4.  Sets forth the proposed rulemaking
authority in Section 5, rather than Section 3.