By Janek H.B. No. 612
75R583 MWV-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain disclosures to be made by a health benefit plan
1-3 business.
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 21.62 to read as follows:
1-7 Art. 21.62. HEALTH BENEFIT PLAN DISCLOSURE. (a) In this
1-8 article:
1-9 (1) "Health benefit plan" means a plan that provides
1-10 benefits for medical or surgical expenses incurred as a result of a
1-11 health condition, accident, or sickness and that is offered by any
1-12 insurance company, group hospital service corporation, or health
1-13 maintenance organization that delivers or issues for delivery an
1-14 individual, group, blanket, or franchise insurance policy or
1-15 insurance agreement, a group hospital service contract, or an
1-16 evidence of coverage, by a multiple employer welfare arrangement as
1-17 defined by Section 3, Employee Retirement Income Security Act of
1-18 1974 (29 U.S.C. Section 1002), or by any other analogous benefit
1-19 arrangement to the extent permitted by the Employee Retirement
1-20 Income Security Act of 1974 (29 U.S.C. Section 1002). The term
1-21 does not include:
1-22 (A) a plan that provides coverage:
1-23 (i) only for accidental death or
1-24 dismemberment;
2-1 (ii) for wages or payments in lieu of
2-2 wages for a period during which an employee is absent from work
2-3 because of sickness or injury; or
2-4 (iii) as a supplement to liability
2-5 insurance;
2-6 (B) a medicare supplemental policy as defined by
2-7 Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss);
2-8 (C) worker's compensation insurance coverage;
2-9 (D) medical payment insurance issued as part of
2-10 a motor vehicle insurance policy; or
2-11 (E) a long-term care policy, including a nursing
2-12 home fixed indemnity policy, unless the commissioner determines
2-13 that the policy provides benefit coverage so comprehensive that the
2-14 policy meets the definition of a health benefit plan.
2-15 (2) "Health benefit plan business" means an
2-16 individual, corporation, association, partnership, or any other
2-17 entity engaged in the business of selling or providing a health
2-18 benefit plan, including an insurance agent or broker.
2-19 (b) A health benefit plan business shall, at the time of
2-20 making an offer to provide a health benefit plan, disclose the
2-21 ratio of coverage premiums paid by consumers to the estimated
2-22 benefits paid to consumers during the previous calendar year under
2-23 the health benefit plan offered.
2-24 (c) The commissioner shall adopt rules to:
2-25 (1) establish fair standards of disclosure as required
2-26 by this article; and
2-27 (2) administer this article.
3-1 SECTION 2. This Act takes effect September 1, 1997, and
3-2 applies only to an offer to provide a health benefit plan made on
3-3 or after January 1, 1998. An offer to provide a health benefit
3-4 plan that is made before January 1, 1998, is governed by the law as
3-5 it existed immediately before the effective date of this Act, and
3-6 that law is continued in effect for that purpose.
3-7 SECTION 3. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended.