75R10389 SAW-D                           

         By Coleman, Maxey, et al.                             H.B. No. 1173

         Substitute the following for H.B. No. 1173:

         By Lewis of Tarrant                               C.S.H.B. No. 1173

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

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

 1-3     serious mental illnesses.

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

 1-5           SECTION 1.  Article 3.51-14, Insurance Code, is amended to

 1-6     read as follows:

 1-7           Art. 3.51-14.  COVERAGE [MANDATORY PROVISION OF BENEFITS] FOR

 1-8     CERTAIN  SERIOUS MENTAL ILLNESSES

 1-9           Sec. 1.  DEFINITIONS [DEFINITION].   For purposes of this

1-10     article:[,]

1-11                 (1)  "Serious [serious] mental illness" means the

1-12     following psychiatric illnesses as defined by the American

1-13     Psychiatric Association in the Diagnostic and Statistical Manual

1-14     (DSM) [III-R]:

1-15                       (A) [(1)]  schizophrenia;

1-16                       (B) [(2)]  paranoid and other psychotic

1-17     disorders;

1-18                       (C) [(3)]  bipolar disorders (hypomanic [mixed],

1-19     manic, [and] depressive, and mixed);

1-20                       (D) [(4)]  major depressive disorders (single

1-21     episode or recurrent); [and]

1-22                       (E) [(5)]  schizo-affective disorders (bipolar or

1-23     depressive); and

1-24                       (F)  a psychiatric illness that is experienced in

 2-1     the period beginning a year before the date of treatment by a

 2-2     person younger than 18 years of age and that substantially

 2-3     interferes with or limits the person's ability to function in the

 2-4     person's community, family, or school.

 2-5                 (2)  "Group health benefit plan" means a plan described

 2-6     by Section 2 of this article.

 2-7                 (3)  "Small employer" has the meaning assigned by

 2-8     Article 26.02 of this code.

 2-9           Sec. 2.  SCOPE OF ARTICLE [MANDATORY COVERAGE; EXEMPTION].

2-10     (a) This article applies only to a group health benefit plan that

2-11     provides benefits  for medical or surgical expenses incurred as a

2-12     result of a health condition, accident, or sickness, including:

2-13                 (1)  a group insurance policy or insurance agreement, a

2-14     group hospital service contract, or a group evidence of coverage

2-15     that is offered by:

2-16                       (A)  an insurance company;

2-17                       (B)  a group [Each insurer, nonprofit] hospital

2-18     service [plan] corporation operating under [subject to] Chapter 20

2-19     of this code;

2-20                       (C)  a[,] health maintenance organization

2-21     operating under [subject to] the Texas Health Maintenance

2-22     Organization Act (Chapter 20A,  Vernon's Texas Insurance Code);

2-23                       (D)  a fraternal benefit society operating under

2-24     Chapter 10 of this code; or

2-25                       (E)  a stipulated premium insurance company

2-26     operating under Chapter 22 of this code; and

2-27                 (2)  to the extent permitted by the Employee Retirement

 3-1     Income Security Act of 1974 (29 U.S.C. Section 1001 et seq.), a

 3-2     group health benefit plan that is offered under:

 3-3                       (A)  a multiple employer welfare arrangement as

 3-4     defined by Section 3, Employee Retirement Income Security Act of

 3-5     1974 (29 U.S.C. Section 1002); or

 3-6                       (B)  another analogous benefit arrangement [,

 3-7     employer, multiple employer, union, association, trustee, or other

 3-8     self-funded or self-insured welfare or benefit plan, program, or

 3-9     arrangement that issues group health insurance policies, enters

3-10     into health care service contracts or plans, or provides for group

3-11     health benefits, coverage, or services in this state for hospital,

3-12     medical, or surgical expenses incurred as a result of accident or

3-13     sickness shall offer and make available to each group policyholder,

3-14     contract holder, employer, multiple employer, union, association,

3-15     or trustee under a group policy, contract, plan, program, or

3-16     arrangement that provides hospital, surgical, and medical benefits,

3-17     coverage for services and benefits on an expense-incurred, service,

3-18     or prepaid basis for expenses incurred for the necessary care,

3-19     diagnosis, and treatment of serious mental illnesses].

3-20           (b)  This article [section] does not apply to coverage under:

3-21                 (1)  a blanket accident and health insurance policy as

3-22     that term is defined under Section 2, Article 3.51-6 of this code;

3-23                 (2)  a short-term travel policy;

3-24                 (3)  an accident-only policy;

3-25                 (4)  a limited or specified-disease policy;  or

3-26                 (5)  a medicare supplement policy, as that term is

3-27     defined under Section 1(3), Article 3.74 of this code.

 4-1           Sec. 3.  REQUIRED [LEVEL OF] COVERAGE FOR SERIOUS MENTAL

 4-2     ILLNESSES.  (a)  Except as provided by Section 4 of this article, a

 4-3     group health benefit plan:

 4-4                 (1)  must provide coverage for the following treatment

 4-5     of serious mental illness in each calendar year:

 4-6                       (A)  45 days of inpatient treatment; and

 4-7                       (B)  60 visits for outpatient treatment,

 4-8     including group and individual outpatient treatment;

 4-9                 (2)  may not include a lifetime limit on the number of

4-10     days of inpatient treatment or the number of outpatient visits

4-11     covered under the plan; and

4-12                 (3)  [The coverage offered under this article for

4-13     services and benefits for the condition of serious mental illness

4-14     must be at least as favorable as the coverage made available for

4-15     services and benefits provided by the insuring entity for other

4-16     major illnesses and] must include the same [durational limits,]

4-17     amount limits, deductibles, and coinsurance factors for serious

4-18     mental illness as for physical illness.

4-19           (b)  An issuer of a group health benefit plan may not count

4-20     toward the number of outpatient visits required to be covered under

4-21     Subsection (a)(1) of this section an outpatient visit for the

4-22     purpose of medication management and must cover that outpatient

4-23     visit under the same terms and conditions as it covers outpatient

4-24     visits for treatment of physical illness.

4-25           (c)  An issuer of a group health benefit plan may provide or

4-26     offer coverage required under this section through a managed care

4-27     plan.

 5-1           Sec. 4.  SMALL EMPLOYER COVERAGE.  An issuer of a group

 5-2     health benefit plan to a small employer must offer the coverage

 5-3     described in Section 3 of this article but is not required to

 5-4     provide the coverage if the small employer rejects the coverage.

 5-5           SECTION 2.  This Act takes effect September 1, 1997,  and

 5-6     applies only to a group health benefit plan that is delivered,

 5-7     issued for delivery, or renewed on or after January 1, 1998.  A

 5-8     group health benefit plan that is delivered, issued for delivery,

 5-9     or renewed before January 1, 1998, is governed by the law as it

5-10     existed immediately before the effective date of this Act, and that

5-11     law is continued in effect for that purpose.

5-12           SECTION 3.  The importance of this legislation and the

5-13     crowded condition of the calendars in both houses create an

5-14     emergency and an imperative public necessity that the

5-15     constitutional rule requiring bills to be read on three several

5-16     days in each house be suspended, and this rule is hereby suspended.