By Coleman                                      H.B. No. 1173

      75R5843 SAW-D                           

                                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.  MANDATORY PROVISION OF BENEFITS FOR CERTAIN

 1-8     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);

1-24                       (F)  obsessive-compulsive disorders;

 2-1                       (G)  panic disorders;

 2-2                       (H)  pervasive developmental disorders;

 2-3                       (I)  attention deficit disorders;

 2-4                       (J)  tic disorders, including Tourette's

 2-5     disorder; and

 2-6                       (K)  depression in childhood and adolescence

 2-7     (dysthymia).

 2-8                 (2)  "Health benefit plan" means a plan described by

 2-9     Section 2 of this article.

2-10           Sec. 2.  SCOPE OF ARTICLE [MANDATORY COVERAGE; EXEMPTION].

2-11     (a) This article applies only to a health benefit plan that

2-12     provides benefits  for medical or surgical expenses incurred as a

2-13     result of a health condition, accident, or sickness, including:

2-14                 (1)  an individual, group, blanket, or franchise

2-15     insurance policy or insurance agreement, a group hospital service

2-16     contract, or an individual or group evidence of coverage that is

2-17     offered by:

2-18                       (A)  an insurance company;

2-19                       (B)  a group [Each insurer, nonprofit] hospital

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

2-21     of this code;

2-22                       (C)  a[,] health maintenance organization

2-23     operating under [subject to] the Texas Health Maintenance

2-24     Organization Act (Chapter 20A,  Vernon's Texas Insurance Code);

2-25                       (D)  a fraternal benefit society operating under

2-26     Chapter 10 of this code; or

2-27                       (E)  a stipulated premium insurance company

 3-1     operating under Chapter 22 of this code; and

 3-2                 (2)  to the extent permitted by the Employee Retirement

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

 3-4     health benefit plan that is offered by:

 3-5                       (A)  a multiple employer welfare arrangement as

 3-6     defined by Section 3, Employee Retirement Income Security Act of

 3-7     1974 (29 U.S.C. Section 1002); or

 3-8                       (B)  another analogous benefit arrangement [,

 3-9     employer, multiple employer, union, association, trustee, or other

3-10     self-funded or self-insured welfare or benefit plan, program, or

3-11     arrangement that issues group health insurance policies, enters

3-12     into health care service contracts or plans, or provides for group

3-13     health benefits, coverage, or services in this state for hospital,

3-14     medical, or surgical expenses incurred as a result of accident or

3-15     sickness shall offer and make available to each group policyholder,

3-16     contract holder, employer, multiple employer, union, association,

3-17     or trustee under a group policy, contract, plan, program, or

3-18     arrangement that provides hospital, surgical, and medical benefits,

3-19     coverage for services and benefits on an expense-incurred, service,

3-20     or prepaid basis for expenses incurred for the necessary care,

3-21     diagnosis, and treatment of serious mental illnesses].

3-22           (b)  This article [section] does not apply to coverage under:

3-23                 (1)  a blanket accident and health insurance policy as

3-24     that term is defined under Section 2, Article 3.51-6 of this code;

3-25                 (2)  a short-term travel policy;

3-26                 (3)  an accident-only policy;

3-27                 (4)  a limited or specified-disease policy;  or

 4-1                 (5)  a medicare supplement policy, as that term is

 4-2     defined under Section 1(3), Article 3.74 of this code.

 4-3           Sec. 3.  MENTAL HEALTH [LEVEL OF] COVERAGE.  A health benefit

 4-4     plan must provide coverage for the medical treatment of serious

 4-5     mental illness under the same terms and conditions as coverage is

 4-6     provided for other illnesses. The coverage offered under this

 4-7     article [for services and benefits for the condition of serious

 4-8     mental illness must be at least as favorable as the coverage made

 4-9     available for services and benefits provided by the insuring entity

4-10     for other major illnesses and] must include the same durational

4-11     limits, amount limits, deductibles, and coinsurance factors for

4-12     serious mental  illness as for other illnesses.

4-13           SECTION 2.  This Act takes effect September 1, 1997,  and

4-14     applies only to a health benefit plan that is delivered, issued for

4-15     delivery, or renewed on or after January 1, 1998.  A health benefit

4-16     plan that is delivered, issued for delivery, or renewed before

4-17     January 1, 1998, is governed by the law as it existed immediately

4-18     before the effective date of this Act, and that law is continued in

4-19     effect for that purpose.

4-20           SECTION 3.  The importance of this legislation and the

4-21     crowded condition of the calendars in both houses create an

4-22     emergency and an imperative public necessity that the

4-23     constitutional rule requiring bills to be read on three several

4-24     days in each house be suspended, and this rule is hereby suspended.