1-1     By:  Coleman, et al. (Senate Sponsor - Ellis)         H.B. No. 1173

 1-2           (In the Senate - Received from the House May 5, 1997;

 1-3     May 6, 1997, read first time and referred to Committee on Economic

 1-4     Development; May 18, 1997, reported adversely, with favorable

 1-5     Committee Substitute by the following vote:  Yeas 11, Nays 0;

 1-6     May 18, 1997, sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 1173                   By:  Lucio

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to coverage by certain health benefit plans for certain

1-11     serious mental illnesses.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Article 3.51-14, Insurance Code, is amended to

1-14     read as follows:

1-15           Art. 3.51-14.  COVERAGE [MANDATORY PROVISION OF BENEFITS] FOR

1-16     CERTAIN SERIOUS MENTAL ILLNESSES

1-17           Sec. 1.  DEFINITIONS [DEFINITION].  For purposes of this

1-18     article:[,]

1-19                 (1)  "Serious [serious] mental illness" means the

1-20     following psychiatric illnesses as defined by the American

1-21     Psychiatric Association in the Diagnostic and Statistical Manual

1-22     (DSM) [III-R]:

1-23                       (A) [(1)]  schizophrenia;

1-24                       (B) [(2)]  paranoid and other psychotic

1-25     disorders;

1-26                       (C) [(3)]  bipolar disorder (hypomanic [mixed],

1-27     manic, [and] depressive, and mixed);

1-28                       (D) [(4)]  major depressive disorders (single

1-29     episode or recurrent); [and]

1-30                       (E) [(5)]  schizo-affective disorders (bipolar or

1-31     depressive);

1-32                       (F)  pervasive developmental disorders;

1-33                       (G)  obsessive-compulsive disorders; and

1-34                       (H)  depression in childhood and adolescence.

1-35                 (2)  "Group health benefit plan" means a plan described

1-36     by Section 2 of this article.

1-37                 (3)  "Small employer" has the meaning assigned by

1-38     Article 26.02 of this code.

1-39           Sec. 2.  SCOPE OF ARTICLE [MANDATORY COVERAGE; EXEMPTION].

1-40     (a)  This article applies only to a group health benefit plan that

1-41     provides benefits for medical or surgical expenses incurred as a

1-42     result of a health condition, accident, or sickness, including:

1-43                 (1)  a group insurance policy or insurance agreement, a

1-44     group hospital service contract, or a group evidence of coverage

1-45     that is offered by:

1-46                       (A)  an insurance company;

1-47                       (B)  a group [Each insurer, nonprofit] hospital

1-48     service [plan] corporation operating under [subject to] Chapter 20

1-49     of this code;

1-50                       (C)  a[,] health maintenance organization

1-51     operating under [subject to] the Texas Health Maintenance

1-52     Organization Act (Chapter 20A, Vernon's Texas Insurance Code);

1-53                       (D)  a fraternal benefit society operating under

1-54     Chapter 10 of this code; or

1-55                       (E)  a stipulated premium insurance company

1-56     operating under Chapter 22 of this code; and

1-57                 (2)  to the extent permitted by the Employee Retirement

1-58     Income Security Act of 1974 (29 U.S.C. Section 1001 et seq.), a

1-59     group health benefit plan that is offered under:

1-60                       (A)  a multiple employer welfare arrangement as

1-61     defined by Section 3, Employee Retirement Income Security Act of

1-62     1974 (29 U.S.C. Section 1002); or

1-63                       (B)  another analogous benefit arrangement [,

1-64     employer, multiple employer, union, association, trustee, or other

 2-1     self-funded or self-insured welfare or benefit plan, program, or

 2-2     arrangement that issues group health insurance policies, enters

 2-3     into health care service contracts or plans, or provides for group

 2-4     health benefits, coverage, or services in this state for hospital,

 2-5     medical, or surgical expenses incurred as a result of accident or

 2-6     sickness shall offer and make available to each group policyholder,

 2-7     contract holder, employer, multiple employer, union, association,

 2-8     or trustee under a group policy, contract, plan, program, or

 2-9     arrangement that provides hospital, surgical, and medical benefits,

2-10     coverage for services and benefits on an expense-incurred, service,

2-11     or prepaid basis for expenses incurred for the necessary care,

2-12     diagnosis, and treatment of serious mental illnesses].

2-13           (b)  This article [section] does not apply to coverage under:

2-14                 (1)  a blanket accident and health insurance policy as

2-15     that term is defined under Section 2, Article 3.51-6 of this code;

2-16                 (2)  a short-term travel policy;

2-17                 (3)  an accident-only policy;

2-18                 (4)  a limited or specified-disease policy; or

2-19                 (5)  a medicare supplement policy, as that term is

2-20     defined under Section 1(3), Article 3.74 of this code.

2-21           (c)  Notwithstanding Section 172.014, Local Government Code,

2-22     or any other law, this article may apply to health and accident

2-23     coverage provided by a pool created under Chapter 172, Local

2-24     Government Code, if requested by an individual entity.

2-25           Sec. 3.  REQUIRED [LEVEL OF] COVERAGE FOR SERIOUS MENTAL

2-26     ILLNESSES.  (a)  Except as provided by Section 4 of this article, a

2-27     group health benefit plan:

2-28                 (1)  must provide coverage for the following treatment

2-29     of serious mental illness in each calendar year:

2-30                       (A)  45 days of inpatient treatment; and

2-31                       (B)  60 visits for outpatient treatment,

2-32     including group and individual outpatient treatment;

2-33                 (2)  may not include a lifetime limit on the number of

2-34     days of inpatient treatment or the number of outpatient visits

2-35     covered under the plan; and

2-36                 (3)  [The coverage offered under this article for

2-37     services and benefits for the condition of serious mental illness

2-38     must be at least as favorable as the coverage made available for

2-39     services and benefits provided by the insuring entity for other

2-40     major illnesses and] must include the same [durational limits,]

2-41     amount limits, deductibles, and coinsurance factors for serious

2-42     mental illness as for physical illness.

2-43           (b)  An issuer of a group health benefit plan may not count

2-44     toward the number of outpatient visits required to be covered under

2-45     Subsection (a)(1) of this section an outpatient visit for the

2-46     purpose of medication management and must cover that outpatient

2-47     visit under the same terms and conditions as it covers outpatient

2-48     visits for treatment of physical illness.

2-49           (c)  An issuer of a group health benefit plan may provide or

2-50     offer coverage required under this section through a managed care

2-51     plan.

2-52           Sec. 4.  SMALL EMPLOYER COVERAGE.  An issuer of a group

2-53     health  benefit plan to a small employer must offer the coverage

2-54     described in Section 3 of this article but is not required to

2-55     provide the coverage if the small employer rejects the coverage.

2-56           Sec. 5.  CERTAIN BENEFITS PROHIBITED.  (a)  This article may

2-57     not be interpreted to require a group health benefit plan to

2-58     provide coverage for treatment of:

2-59                 (1)  addiction to a controlled substance or marihuana

2-60     that is used in violation of law; or

2-61                 (2)  mental illness resulting from the use of a

2-62     controlled substance or marihuana in violation of law.

2-63           (b)  In this section, "controlled substance" and "marihuana"

2-64     have the meanings assigned by Section 481.002, Health and Safety

2-65     Code.

2-66           SECTION 2.  This Act takes effect September 1, 1997, and

2-67     applies only to a group health benefit plan that is delivered,

2-68     issued for delivery, or renewed on or after January 1, 1998.  A

2-69     group health benefit plan that is delivered, issued for delivery,

 3-1     or renewed before January 1, 1998, is governed by the law as it

 3-2     existed immediately before the effective date of this Act, and that

 3-3     law is continued in effect for that purpose.

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

 3-5     crowded condition of the calendars in both houses create an

 3-6     emergency and an imperative public necessity that the

 3-7     constitutional rule requiring bills to be read on three several

 3-8     days in each house be suspended, and this rule is hereby suspended.

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