By Van de Putte                                  H.B. No. 262

      75R1918 SAW-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to coverage under certain health benefit plans for

 1-3     reconstructive surgery incident to a mastectomy.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter E, Chapter 21, Insurance Code, is

 1-6     amended by adding Article 21.53D to read as follows:

 1-7           Art. 21.53D.  COVERAGE FOR RECONSTRUCTIVE SURGERY AFTER

 1-8     MASTECTOMY

 1-9           Sec. 1.  DEFINITIONS.  In this article:

1-10                 (1)  "Health benefit plan" means a plan that provides

1-11     benefits for medical or surgical expenses incurred as a result of a

1-12     health condition, accident, or sickness and that is offered by any

1-13     insurance company, group hospital service corporation, or health

1-14     maintenance organization that delivers or issues for delivery an

1-15     individual, group, blanket, or franchise insurance policy or

1-16     insurance agreement, a group hospital service contract, or an

1-17     evidence of coverage, or, to the extent permitted by the Employee

1-18     Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et

1-19     seq.), by a multiple employer welfare arrangement as defined by

1-20     Section 3, Employee Retirement Income Security Act of 1974 (29

1-21     U.S.C. Section 1002), or any other analogous benefit arrangement.

1-22     The term does not include:

1-23                       (A)  a plan that provides coverage:

1-24                             (i)  only for a specified disease;

 2-1                             (ii)  only for accidental death or

 2-2     dismemberment;

 2-3                             (iii)  for wages or payments in lieu of

 2-4     wages for a period during which an employee is absent from work

 2-5     because of sickness or injury; or

 2-6                             (iv)  as a supplement to liability

 2-7     insurance;

 2-8                       (B)  a plan written under Chapter 26 of this

 2-9     code;

2-10                       (C)  a Medicare supplemental policy as defined by

2-11     Section 1882(g)(1), Social Security Act (42 U.S.C. 1395ss);

2-12                       (D)  workers' compensation insurance coverage;

2-13                       (E)  medical payment insurance issued as part of

2-14     a motor vehicle insurance policy; or

2-15                       (F)  a long-term care policy, including a nursing

2-16     home fixed indemnity policy, unless the commissioner determines

2-17     that the policy provides benefit coverage so comprehensive that the

2-18     policy meets the definition of a health benefit plan.

2-19                 (2)  "Breast reconstruction" means reconstruction of a

2-20     breast incident to mastectomy to restore or achieve breast

2-21     symmetry.  The term includes surgical reconstruction of a breast on

2-22     which mastectomy surgery has been performed and surgical

2-23     reconstruction of a breast on which mastectomy surgery has not been

2-24     performed.

2-25           Sec. 2.  COVERAGE REQUIRED.  A health benefits plan that

2-26     provides coverage for mastectomy must provide coverage for breast

2-27     reconstruction.  The coverage may be subject to the same deductible

 3-1     or copayment applicable to mastectomy.

 3-2           Sec. 3.  RULES.  The commissioner may adopt rules to

 3-3     implement this article.

 3-4           SECTION 2.  This Act takes effect September 1, 1997, and

 3-5     applies only to a health benefit plan that is delivered, issued for

 3-6     delivery, or renewed on or after January 1, 1998.  A health benefit

 3-7     plan that is delivered, issued for delivery, or renewed before

 3-8     January 1, 1998, is governed by the law as it existed immediately

 3-9     before the effective date of this Act, and that law is continued in

3-10     effect for this purpose.

3-11           SECTION 3.  The importance of this legislation and the

3-12     crowded condition of the calendars in both houses create an

3-13     emergency and an imperative public necessity that the

3-14     constitutional rule requiring bills to be read on three several

3-15     days in each house be suspended, and this rule is hereby suspended.