By Averitt                                      H.B. No. 1212

      75R5407 DLF-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to health insurance portability and availability and the

 1-3     implementation of certain federal reforms relating to health

 1-4     insurance portability and availability.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           PART 1.  HEALTH INSURANCE PORTABILITY AND AVAILABILITY;

 1-7                     GENERAL PROVISIONS; SMALL EMPLOYERS

 1-8           SECTION 1.01.  Article 26.01, Insurance Code, is amended to

 1-9     read as follows:

1-10           Art. 26.01.  SHORT TITLE.  This chapter may be cited as the

1-11     [Small Employer] Health Insurance Portability and Availability Act.

1-12           SECTION 1.02.  Article 26.02, Insurance Code, is amended to

1-13     read as follows:

1-14           Art. 26.02.  DEFINITIONS.  In this chapter:

1-15                 (1)  "Affiliation period" means a period that, under

1-16     the terms of the coverage offered by a health maintenance

1-17     organization, must expire before the coverage becomes effective.

1-18     During an affiliation period:

1-19                       (A)  a health maintenance organization is not

1-20     required to provide health care services or benefits to the

1-21     participant or beneficiary; and

1-22                       (B)  a premium may not be charged to the

1-23     participant or beneficiary.  ["Affiliated employer" means a person

1-24     connected by commonality of ownership with a small employer.  The

 2-1     term includes a person that owns a small employer, shares directors

 2-2     with a small employer, or is eligible to file a consolidated tax

 2-3     return with a small employer.]

 2-4                 (2)  "Agent" means a person who may act as an agent for

 2-5     the sale of a health benefit plan under a license issued under

 2-6     Section 15 or 15A, Texas Health Maintenance Organization Act

 2-7     (Article 20A.15 or 20A.15A, Vernon's Texas Insurance Code), or

 2-8     under Subchapter A, Chapter 21, of this code.

 2-9                 (3)  "Base premium rate" means, for each class of

2-10     business and for a specific rating period, the lowest premium rate

2-11     that is charged or that could be charged under a rating system for

2-12     that class of business by the small employer carrier to small

2-13     employers with similar case characteristics for small employer

2-14     health benefit plans with the same or similar coverage.

2-15                 (4)  "Board of directors" means the board of directors

2-16     of the Texas Health Reinsurance System.

2-17                 (5)  "Case characteristics" means, with respect to a

2-18     small employer, the geographic area in which that employer's

2-19     employees reside, the age and gender of the individual employees

2-20     and their dependents, the appropriate industry classification as

2-21     determined by the small employer carrier, the number of employees

2-22     and dependents, and other objective criteria as established by the

2-23     small employer carrier that are considered by the small employer

2-24     carrier in setting premium rates for that small employer.  The term

2-25     does not include [claim experience,] health status related factors,

2-26     duration of coverage since the date of issuance of a health benefit

2-27     plan,  or whether a covered person is or may become pregnant.

 3-1                 (6)  "Class of business" means all small employers or a

 3-2     separate grouping of small employers established under this

 3-3     chapter.

 3-4                 (7)  "Creditable coverage" means coverage described by

 3-5     Article 26.035 of this code.

 3-6                 (8)  "Dependent" means:

 3-7                       (A)  a spouse;

 3-8                       (B)  a newborn child;

 3-9                       (C)  a child under the age of 19 years;

3-10                       (D)  a child who is a full-time student under the

3-11     age of 23 years and who is financially dependent on the parent;

3-12                       (E)  a child of any age who is medically

3-13     certified as disabled and dependent on the parent; [and]

3-14                       (F)  any person who must be covered under:

3-15                             (i)  Section 3D or 3E, Article 3.51-6, of

3-16     this code; or

3-17                             (ii)  Section 2(L), Chapter 397, Acts of

3-18     the 54th Legislature, Regular Session, 1955 (Article 3.70-2,

3-19     Vernon's Texas Insurance Code); or

3-20                       (G)  any other person included as an eligible

3-21     dependent under an employer's benefit plan.

3-22                 (9) [(8)]  "Eligible employee" means an employee who

3-23     works on a full-time basis and who usually works at least 30 hours

3-24     a week.  The term also includes a sole proprietor, a partner, and

3-25     an independent contractor, if the sole proprietor, partner, or

3-26     independent contractor is included as an employee under a health

3-27     benefit plan of a small or large employer.  The term does not

 4-1     include:

 4-2                       (A)  an employee who works on a part-time,

 4-3     temporary, seasonal, or substitute basis; or

 4-4                       (B)  an employee who is covered under:

 4-5                             (i)  another health benefit plan;

 4-6                             (ii)  a self-funded or self-insured

 4-7     employee welfare benefit plan that provides health benefits and

 4-8     that is established in accordance with the Employee Retirement

 4-9     Income Security Act of 1974 (29 U.S.C. Section 1001 et seq.);

4-10                             (iii)  the Medicaid program if the employee

4-11     elects not to be covered;

4-12                             (iv)  another federal program, including

4-13     the CHAMPUS program or Medicare program, if the employee elects not

4-14     to be covered; or

4-15                             (v)  a benefit plan established in another

4-16     country if the employee elects not to be covered.

4-17                 (10) [(9)]  "Health benefit plan" means a group,

4-18     blanket, or franchise insurance policy, a certificate issued under

4-19     a group policy, a group hospital service contract, or a group

4-20     subscriber contract or evidence of coverage issued by a health

4-21     maintenance organization that provides benefits for health care

4-22     services.  The term does not include:

4-23                       (A)  accident-only or disability income insurance

4-24     or a combination of accident-only and disability income insurance

4-25     [coverage];

4-26                       (B)  credit-only [credit] insurance [coverage];

4-27                       (C)  disability insurance coverage;

 5-1                       (D)  coverage for a specified disease or illness

 5-2     [coverage or other limited benefit policies];

 5-3                       (E)  [coverage of] Medicare services under a

 5-4     federal contract;

 5-5                       (F)  Medicare supplement and Medicare Select

 5-6     policies regulated in accordance with federal law;

 5-7                       (G)  long-term care [insurance] coverage or

 5-8     benefits, nursing home care coverage or benefits, home health care

 5-9     coverage or benefits, community-based care coverage or benefits, or

5-10     any combination of those coverages or benefits;

5-11                       (H)  coverage that provides limited-scope

5-12     [limited to] dental or [care;]

5-13                       [(I)  coverage limited to care of] vision

5-14     benefits;

5-15                       (I) [(J)]  coverage provided by a single service

5-16     health maintenance organization;

5-17                       (J) [(K)  insurance] coverage issued as a

5-18     supplement to liability insurance;

5-19                       (K) [(L)  insurance coverage arising out of a]

5-20     workers' compensation [system] or similar insurance [statutory

5-21     system];

5-22                       (L) [(M)]  automobile medical payment insurance

5-23     coverage;

5-24                       (M) [(N)]  jointly managed trusts authorized

5-25     under 29 U.S.C.  Section 141 et seq. that contain a plan of

5-26     benefits for employees that is negotiated in a collective

5-27     bargaining agreement governing wages, hours, and working conditions

 6-1     of the employees that is authorized under 29 U.S.C. Section 157;

 6-2                       (N) [(O)]  hospital [confinement] indemnity or

 6-3     other fixed indemnity insurance [coverage]; [or]

 6-4                       (O) [(P)]  reinsurance contracts issued on a

 6-5     stop-loss, quota-share, or similar basis;

 6-6                       (P)  short-term major medical contracts;

 6-7                       (Q)  liability insurance, including general

 6-8     liability insurance and automobile liability insurance;

 6-9                       (R)  other coverage that is:

6-10                             (i)  similar to the coverage described by

6-11     this subdivision under which benefits for medical care are

6-12     secondary or incidental to other insurance benefits; and

6-13                             (ii)  specified in federal regulations;

6-14                       (S)  coverage for on-site medical clinics; or

6-15                       (T)  coverage that provides other limited

6-16     benefits specified by federal regulations.

6-17                 (11) [(10)]  "Health carrier" means any entity

6-18     authorized under this code or another insurance law of this state

6-19     that provides health insurance or health benefits in this state,

6-20     including an insurance company, a group hospital service

6-21     corporation under Chapter 20 of this code, a health maintenance

6-22     organization under the Texas Health Maintenance Organization Act

6-23     (Chapter 20A, Vernon's Texas Insurance Code), and a stipulated

6-24     premium company under Chapter 22 of this code.

6-25                 (12)  "Health status related factor" means:

6-26                       (A)  health status;

6-27                       (B)  medical condition, including both physical

 7-1     and mental illness;

 7-2                       (C)  claims experience;

 7-3                       (D)  receipt of health care;

 7-4                       (E)  medical history;

 7-5                       (F)  genetic information;

 7-6                       (G)  evidence of insurability, including

 7-7     conditions arising out of acts of family violence; and

 7-8                       (H)  disability.

 7-9                 (13) [(11)]  "Index rate" means, for each class of

7-10     business as to a rating period for small employers with similar

7-11     case characteristics, the arithmetic average of the applicable base

7-12     premium rate and corresponding highest premium rate.

7-13                 (14)  "Large employer" means an employer who employed

7-14     an average of at least 51 eligible employees on business days

7-15     during the preceding calendar year and who employs at least two

7-16     eligible employees on the first day of the plan year.  For purposes

7-17     of this definition, a partnership is the employer of a partner.

7-18                 (15)  "Large employer carrier" means a health carrier,

7-19     to the extent that carrier is offering, delivering, issuing for

7-20     delivery, or renewing health benefit plans subject to Subchapter H

7-21     of this chapter.

7-22                 (16)  "Large employer health benefit plan" means a

7-23     health benefit plan offered to a large employer.

7-24                 (17) [(12)]  "Late enrollee" means any [an eligible]

7-25     employee or dependent eligible for enrollment who requests

7-26     enrollment in a small or large employer's health benefit plan after

7-27     the expiration of the initial enrollment period established under

 8-1     the terms of the first plan for which that employee or dependent

 8-2     was eligible through the small or large employer or after the

 8-3     expiration of an open enrollment period under Article 26.21(h) or

 8-4     26.83 of this code.  An [eligible] employee or dependent is not a

 8-5     late enrollee if:

 8-6                       (A)  the individual:

 8-7                             (i)  was covered under another [employer]

 8-8     health benefit plan or self-funded employer health benefit plan at

 8-9     the time the individual was eligible to enroll;

8-10                             (ii)  declines in writing, at the time of

8-11     the initial eligibility, stating that coverage under another

8-12     [employer] health benefit plan or self-funded employer health

8-13     benefit plan was the reason for declining enrollment;

8-14                             (iii)  has lost coverage under another

8-15     [employer] health benefit plan or self-funded employer health

8-16     benefit plan as a result of:

8-17                                            (a)  the termination of

8-18     employment;

8-19                                            (b)  the reduction in the

8-20     number of hours of employment;

8-21                                            (c)[,]  the termination of

8-22     the other plan's coverage;

8-23                                            (d)  the termination of

8-24     contributions toward the premium made by the employer; or

8-25                                            (e)[,] the death of a

8-26     spouse[,] or divorce; and

8-27                             (iv)  requests enrollment not later than

 9-1     the 31st day after the date on which coverage under the other

 9-2     [another employer] health benefit plan or self-funded employer

 9-3     health benefit plan terminates;

 9-4                       (B)  the individual is employed by an employer

 9-5     who offers multiple health benefit plans and the individual elects

 9-6     a different health benefit plan during an open enrollment period;

 9-7     [or]

 9-8                       (C)  a court has ordered coverage to be provided

 9-9     for a spouse [or minor child] under a covered employee's plan and

9-10     request for enrollment is made not later than the 31st day after

9-11     [issuance of] the date on which the court order is issued; or

9-12                       (D)  a court has ordered coverage to be provided

9-13     for a child under a covered employee's plan and the request for

9-14     enrollment is made not later than the 31st day after the date on

9-15     which the employer receives notice of the court order.

9-16                 (18) [(13)]  "New business premium rate" means, for

9-17     each class of business as to a rating period, the lowest premium

9-18     rate that is charged or offered or that could be charged or offered

9-19     by the small employer carrier to small employers with similar case

9-20     characteristics for newly issued small employer health benefit

9-21     plans that provide the same or similar coverage.

9-22                 (19)  "Participation criteria" means any criteria or

9-23     rules established by a large employer to determine the employees

9-24     who are eligible for enrollment, including continued enrollment,

9-25     under the terms of a health benefit plan.

9-26                 (20) [(14)]  "Person" means an individual, corporation,

9-27     partnership, [association,] or other [private] legal entity.

 10-1                (21) [(15)]  "Plan of operation" means the plan of

 10-2    operation of the system established under Article 26.55 of this

 10-3    code.

 10-4                (22)  "Point-of-service contract" means a benefit plan

 10-5    offered through a health maintenance organization that:

 10-6                      (A)  includes corresponding indemnity benefits in

 10-7    addition to benefits relating to out-of-area or emergency services

 10-8    provided through insurers or group hospital service corporations;

 10-9    and

10-10                      (B)  permits the insured to obtain coverage under

10-11    either the health maintenance organization conventional plan or the

10-12    indemnity plan as determined in accordance with the terms of the

10-13    contract.

10-14                (23) [(16)]  "Preexisting condition provision" means a

10-15    provision that denies, excludes, or limits coverage as to a disease

10-16    or condition for a specified period after the effective date of

10-17    coverage.

10-18                (24) [(17)]  "Premium" means all amounts paid by a

10-19    small or large employer and eligible employees as a condition of

10-20    receiving coverage from a small or large employer carrier,

10-21    including any fees or other contributions associated with a health

10-22    benefit plan.

10-23                (25) [(18)]  "Rating period" means a calendar period

10-24    for which premium rates established by a small employer carrier are

10-25    assumed to be in effect.

10-26                (26) [(19)]  "Reinsured carrier" means a small employer

10-27    carrier participating in the system.

 11-1                (27) [(20)]  "Risk-assuming carrier" means a small

 11-2    employer carrier that elects not to participate in the system.

 11-3                (28) [(21)]  "Small employer" means an employer who

 11-4    employed an average of at least two but not more than 50 eligible

 11-5    employees on business days during the preceding calendar year and

 11-6    who employs at least two eligible employees on the first day of the

 11-7    plan year.  For purposes of this definition, a partnership is the

 11-8    employer of a partner [a person that is actively engaged in

 11-9    business and that, on at least 50 percent of its working days

11-10    during the preceding calendar year, employed at least three but not

11-11    more than 50 eligible employees, including the employees of an

11-12    affiliated employer, the majority of whom were employed in this

11-13    state].

11-14                (29) [(22)]  "Small employer carrier" means a health

11-15    carrier, to the extent that that carrier is offering, delivering,

11-16    issuing for delivery, or renewing health benefit plans subject to

11-17    Subchapters C-G of this chapter under Article 26.06(a) of this

11-18    code.

11-19                (30) [(23)]  "Small employer health benefit plan" means

11-20    a plan developed by the commissioner under Subchapter E of this

11-21    chapter or any other health benefit plan offered to a small

11-22    employer in accordance with Article 26.42(c) or 26.48 of this code.

11-23                (31) [(24)]  "System" means the Texas Health

11-24    Reinsurance System established under Subchapter F of this chapter.

11-25                (32)  "Waiting period" means a period established by an

11-26    employer that must pass before an individual who is a potential

11-27    enrollee in a health benefit plan is eligible to be covered for

 12-1    benefits.

 12-2                [(25)  "Point-of-service contract" means a benefit plan

 12-3    offered through a health maintenance organization that:]

 12-4                      [(A)  includes corresponding indemnity benefits

 12-5    in addition to benefits relating to out-of-area or emergency

 12-6    services provided through insurers or group hospital service

 12-7    corporations; and]

 12-8                      [(B)  permits the insured to obtain coverage

 12-9    under either the health maintenance organization conventional plan

12-10    or the indemnity plan as determined in accordance with the terms of

12-11    the contract.]

12-12          SECTION 1.03.  Subchapter A, Chapter 26, Insurance Code, is

12-13    amended by adding Articles 26.035 and 26.036 to read as follows:

12-14          Art. 26.035.  CREDITABLE COVERAGE.  (a)  An individual's

12-15    coverage is creditable for purposes of this chapter if the coverage

12-16    is provided under:

12-17                (1)  a self-funded or self-insured employee welfare

12-18    benefit plan that provides health benefits and that is established

12-19    in accordance with the Employee Retirement Income Security Act of

12-20    1974 (29 U.S.C. Section 1001 et seq.);

12-21                (2)  a group health benefit plan provided by a health

12-22    insurance carrier or health maintenance organization;

12-23                (3)  an individual health insurance policy or evidence

12-24    of coverage;

12-25                (4)  Part A or Part B of Title XVIII of the Social

12-26    Security Act  (42 U.S.C. Section 1395c et seq.);

12-27                (5)  Title XIX of the Social Security Act (42 U.S.C.

 13-1    Section 1396 et seq.), other than coverage consisting solely of

 13-2    benefits under Section 1928 of that Act (42 U.S.C. Section 1396s);

 13-3                (6)  Chapter 55, Title 10, United States Code (10

 13-4    U.S.C.  Section 1071 et seq.);

 13-5                (7)  a medical care program of the Indian Health

 13-6    Service or of a tribal organization;

 13-7                (8)  a state health benefits risk pool;

 13-8                (9)  a health plan offered under Chapter 89, Title 5,

 13-9    United States Code (5 U.S.C. Section 8901 et seq.);

13-10                (10)  a public health plan as defined by federal

13-11    regulations; or

13-12                (11)  a health benefit plan under Section 5(e), Peace

13-13    Corps Act (22 U.S.C. Section 2504(e)).

13-14          (b)  Creditable coverage does not include:

13-15                (1)  accident-only or disability income insurance, or a

13-16    combination of accident-only and disability income insurance;

13-17                (2)  coverage issued as a supplement to liability

13-18    insurance;

13-19                (3)  liability insurance, including general liability

13-20    insurance and automobile liability insurance;

13-21                (4)  workers' compensation or similar insurance;

13-22                (5)  automobile medical payment insurance;

13-23                (6)  credit-only insurance;

13-24                (7)  coverage for on-site medical clinics;

13-25                (8)  other coverage that is:

13-26                      (A)  similar to the coverage described by this

13-27    subsection under which benefits for medical care are secondary or

 14-1    incidental to other insurance benefits; and

 14-2                      (B)  specified in federal regulations;

 14-3                (9)  coverage that provides limited-scope dental or

 14-4    vision benefits;

 14-5                (10)  long-term care coverage or benefits, nursing home

 14-6    care coverage or benefits, home health care coverage or benefits,

 14-7    community-based care coverage or benefits, or any combination of

 14-8    those coverages or benefits;

 14-9                (11)  coverage that provides other limited benefits

14-10    specified by federal regulations;

14-11                (12)  coverage for a specified disease or illness;

14-12                (13)  hospital indemnity or other fixed indemnity

14-13    insurance; or

14-14                (14)  Medicare supplemental health insurance as defined

14-15    under Section 1882(g)(1), Social Security Act (42 U.S.C.  Section

14-16    1395ss), coverage supplemental to the coverage provided under

14-17    Chapter 55, Title 10, United States Code (10 U.S.C. Section 1071 et

14-18    seq.), and similar supplemental coverage provided under a group

14-19    plan.

14-20          Art. 26.036.  SCHOOL DISTRICT ELECTION.  (a)  An independent

14-21    school district may elect to participate in the small employer

14-22    market without regard to the number of eligible employees of the

14-23    independent school district.

14-24          (b)  An independent school district that elects to

14-25    participate in the small employer market under this article is

14-26    treated as a small employer under this chapter for all purposes.

14-27          SECTION 1.04.  Article 26.04, Insurance Code, is amended to

 15-1    read as follows:

 15-2          Art. 26.04.  RULES.  The commissioner [board] shall adopt

 15-3    rules to implement this chapter and to meet the minimum

 15-4    requirements of federal law and regulations.

 15-5          SECTION 1.05.  Article 26.06, Insurance Code, is amended to

 15-6    read as follows:

 15-7          Art. 26.06.  APPLICABILITY.  (a)  An individual or group

 15-8    health benefit plan is subject to Subchapters C-G of this chapter

 15-9    if it provides health care benefits covering two [three] or  more

15-10    eligible employees of a small employer and if [it meets any one of

15-11    the following conditions]:

15-12                (1)  a portion of the premium or benefits is paid by a

15-13    small employer; or

15-14                (2)  the health benefit plan is treated by the employer

15-15    or by a covered individual as part of a plan or program for the

15-16    purposes of Section 106 or 162, Internal Revenue Code of 1986 (26

15-17    U.S.C. Section 106 or 162).

15-18          (b)  For an employer who was not in existence throughout the

15-19    calendar year preceding the year in which the determination of

15-20    whether the employer is a small employer is made, the determination

15-21    is based on the average number of eligible employees the employer

15-22    reasonably expects to employ on business days in the calendar year

15-23    in which the determination is made.

15-24          (c)  Except as provided by Subsection (a) of this article,

15-25    this chapter does not apply to an individual health insurance

15-26    policy that is subject to individual underwriting, even if the

15-27    premium is remitted through a payroll deduction method.

 16-1          (d) [(c)]  Except as expressly provided in this chapter, a

 16-2    small employer health benefit plan is not subject to a law that

 16-3    requires coverage or the offer of coverage of a health care service

 16-4    or benefit.

 16-5          SECTION 1.06.  Articles 26.14(a) and (d), Insurance Code, are

 16-6    amended to read as follows:

 16-7          (a)  Two or more small employers may form a cooperative for

 16-8    the purchase of small employer health benefit plans.  Two or more

 16-9    large employers may form a cooperative for the purchase of large

16-10    employer health benefit plans.  A cooperative must be organized as

16-11    a nonprofit corporation and has the rights and duties provided by

16-12    the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq.,

16-13    Vernon's Texas Civil Statutes).

16-14          (d)  A purchasing cooperative or a member of the board of

16-15    directors, the executive director, or an employee or agent of a

16-16    purchasing cooperative is not liable for:

16-17                (1)  an act performed in good faith in the execution of

16-18    duties in connection with the purchasing cooperative; or

16-19                (2)  an independent action of a small or large employer

16-20    insurance carrier or a person who provides health care services

16-21    under a health benefit plan.

16-22          SECTION 1.07.  Articles 26.15(a) and (b), Insurance Code, are

16-23    amended to read as follows:

16-24          (a)  A cooperative:

16-25                (1)  shall arrange for small or large employer health

16-26    benefit plan coverage for small or large employer groups who

16-27    participate in the cooperative by contracting with small or large

 17-1    employer carriers who meet the criteria established by Subsection

 17-2    (b) of this article;

 17-3                (2)  shall collect premiums to cover the cost of:

 17-4                      (A)  small or large employer health benefit plan

 17-5    coverage purchased through the cooperative; and

 17-6                      (B)  the cooperative's administrative expenses;

 17-7                (3)  may contract with agents to market coverage issued

 17-8    through the cooperative;

 17-9                (4)  shall establish administrative and accounting

17-10    procedures for the operation of the cooperative;

17-11                (5)  shall establish procedures under which an

17-12    applicant for or participant in coverage issued through the

17-13    cooperative may have a grievance reviewed by an impartial person;

17-14                (6)  may contract with a small or large employer

17-15    carrier or third-party administrator to provide administrative

17-16    services to the cooperative;

17-17                (7)  shall contract with small or large employer

17-18    carriers for the provision of services to small or large employers

17-19    covered through the cooperative;

17-20                (8)  shall develop and implement a plan to maintain

17-21    public awareness of the cooperative and publicize the eligibility

17-22    requirements for, and the procedures for enrollment in coverage

17-23    through, the cooperative; and

17-24                (9)  may negotiate the premiums paid by its members.

17-25          (b)  A cooperative may contract only with small or large

17-26    employer carriers who desire to offer coverage through the

17-27    cooperative and who demonstrate:

 18-1                (1)  that the carrier is a health carrier or health

 18-2    maintenance organization licensed and in good standing with the

 18-3    department;

 18-4                (2)  the capacity to administer the health benefit

 18-5    plans;

 18-6                (3)  the ability to monitor and evaluate the quality

 18-7    and cost effectiveness of care and applicable procedures;

 18-8                (4)  the ability to conduct utilization management and

 18-9    applicable procedures and policies;

18-10                (5)  the ability to assure enrollees adequate access to

18-11    health care providers, including adequate numbers and types of

18-12    providers;

18-13                (6)  a satisfactory grievance procedure and the ability

18-14    to respond to enrollees' calls, questions, and complaints; and

18-15                (7)  financial capacity, either through financial

18-16    solvency standards as applied by the commissioner or through

18-17    appropriate reinsurance or other risk-sharing mechanisms.

18-18          SECTION 1.08.  Article 26.21, Insurance Code, is amended by

18-19    amending Subsections (a), (k), and (n) to read as follows:

18-20          (a)  Each small employer carrier shall provide the small

18-21    employer health benefit plans without regard to [claim experience,]

18-22    health status related factors[, or medical history].  Each small

18-23    employer carrier shall issue the plan chosen by the small employer

18-24    to each small employer that elects to be covered under that plan

18-25    and agrees to satisfy the other requirements of the plan.

18-26          (k)  A late enrollee may be excluded from coverage until the

18-27    next annual open enrollment period and may be subject to a 12-month

 19-1    preexisting condition provision as described by Article 26.49 of

 19-2    this code.  The period during which a preexisting condition

 19-3    provision is imposed may not exceed 18 months from the date of the

 19-4    initial application.

 19-5          (n)  A small employer health benefit plan may not limit or

 19-6    exclude initial coverage of a newborn child of a covered employee.

 19-7    Any coverage of a newborn child of an employee under this

 19-8    subsection terminates on the 32nd day after the date of the birth

 19-9    of the child unless[:]

19-10                [(1)  dependent children are eligible for coverage; and]

19-11                [(2)]  notification of the birth and any required

19-12    additional premium are received by the small employer carrier not

19-13    later than the 31st day after the date of birth.

19-14          SECTION 1.09.  Subchapter C, Chapter 26, Insurance Code, is

19-15    amended by adding Article 26.21A to read as follows:

19-16          Art. 26.21A.  COVERAGE FOR ADOPTED CHILDREN.  (a)  A small

19-17    employer health benefit plan may not limit or exclude initial

19-18    coverage of an adopted  child of an insured.  A child is considered

19-19    to be the child of an insured if the insured is a party in a suit

19-20    in which the adoption of the child by the insured is sought.

19-21          (b)  An adopted child is enrolled on the date the insured

19-22    becomes a party in the suit. Coverage of an adopted child under

19-23    this subsection terminates on the 32nd day after the date the

19-24    insured becomes a party in the suit unless notice of the adoption

19-25    and any required additional premium are received by the small

19-26    employer carrier not later than the 31st day after that date.

19-27          (c)  An adopted child who is not enrolled in the plan by the

 20-1    date the adoption becomes final is enrolled on that date.  Coverage

 20-2    of an adopted child under this subsection terminates on the 32nd

 20-3    day after the date the adoption becomes final unless notice of the

 20-4    adoption and any required additional premium are received by the

 20-5    small employer carrier not later than the 31st day after that date.

 20-6          SECTION 1.10.  Articles 26.22(a) and (e), Insurance Code, are

 20-7    amended to read as follows:

 20-8          (a)  A small employer carrier is not required to offer or

 20-9    issue the small employer health benefit plans:

20-10                (1)  to a small employer that is not located within a

20-11    geographic service area of the small employer carrier;

20-12                (2)  to an employee of a small employer who neither

20-13    resides nor works in the geographic service area of the small

20-14    employer carrier; or

20-15                (3)  to a small employer located within a geographic

20-16    service area with respect to which the small employer carrier

20-17    demonstrates to the satisfaction of the commissioner that:

20-18                      (A)  the small employer carrier reasonably

20-19    anticipates that it will not have the capacity to deliver services

20-20    adequately because of obligations to existing covered individuals;

20-21    and

20-22                      (B)  the small employer carrier is acting

20-23    uniformly without regard to claims experience of the employer or

20-24    any health status related factor of employees or dependents or new

20-25    employees or dependents who may become eligible for the coverage.

20-26          (e)  If the commissioner determines that requiring the

20-27    acceptance of small employers under this subchapter would place a

 21-1    small employer carrier in a financially impaired condition and that

 21-2    the small employer carrier is acting uniformly without regard to

 21-3    the claims experience of the small employer or any health status

 21-4    related factors of employees or dependents or new employees or

 21-5    dependents who may become eligible for the coverage, the small

 21-6    employer carrier may [is] not offer [required to provide] coverage

 21-7    to small employers until the later of:

 21-8                (1)  the 180th day after the date the commissioner

 21-9    makes the determination; or

21-10                (2)  the date the commissioner determines that

21-11    accepting small employers would not place the small employer

21-12    carrier in a financially impaired condition [for a period to be set

21-13    by the commissioner].

21-14          SECTION 1.11.  Articles 26.23(a) and (b), Insurance Code, are

21-15    amended to read as follows:

21-16          (a)  Except as provided by Article 26.24 of this code, a

21-17    small employer carrier shall renew the small employer health

21-18    benefit plan for any covered small employer, at the option of the

21-19    small employer, unless[, except for]:

21-20                (1)  [nonpayment of] a premium has not been paid as

21-21    required by the terms of the plan;

21-22                (2)  the small employer has committed fraud or

21-23    intentional misrepresentation of a material fact [by the small

21-24    employer]; [or]

21-25                (3)  the [noncompliance with] small employer has not

21-26    complied with the terms of the health benefit plan;

21-27                (4)  no enrollee in connection with the plan resides or

 22-1    works in the service area of the small employer carrier or in the

 22-2    area for which the small employer carrier is authorized to do

 22-3    business; or

 22-4                (5)  membership of an employer in an association

 22-5    terminates, but only if coverage is terminated uniformly without

 22-6    regard to a health status related factor of a covered individual

 22-7    [provisions].

 22-8          (b)  A small employer carrier may refuse to renew the

 22-9    coverage of an eligible employee or dependent for fraud or

22-10    intentional misrepresentation of a material fact by that

22-11    individual.

22-12          SECTION 1.12.  Article 26.24, Insurance Code, is amended by

22-13    amending Subsection (a) and adding Subsection (d) to read as

22-14    follows:

22-15          (a)  A small employer carrier may elect to refuse to renew

22-16    all [each] small employer health benefit plans [plan] delivered or

22-17    issued for delivery by the small employer carrier in this state or

22-18    in a geographic service area approved under Article 26.22 of this

22-19    code.  The small employer carrier shall [must] notify the

22-20    commissioner of the election not later than the 180th day before

22-21    the date coverage under the first small employer health benefit

22-22    plan terminates under this subsection.

22-23          (d)  A small employer carrier may elect to discontinue a

22-24    particular type of small employer coverage only if the small

22-25    employer carrier:

22-26                (1)  provides notice to each employer of the

22-27    discontinuation before the 90th day preceding the date of the

 23-1    discontinuation of the coverage;

 23-2                (2)  offers to each employer the option to purchase

 23-3    other small employer coverage offered by the small employer carrier

 23-4    at the time of the discontinuation; and

 23-5                (3)  acts uniformly without regard to the claims

 23-6    experience of the employer or any health status related factors of

 23-7    employees or dependents or new employees or dependents who may

 23-8    become eligible for the coverage.

 23-9          SECTION 1.13.  Article 26.25, Insurance Code, is amended to

23-10    read as follows:

23-11          Art. 26.25.  NOTICE TO COVERED PERSONS.  (a)  Not later than

23-12    the 30th day before the date on which termination of coverage is

23-13    effective, a small employer carrier that cancels or refuses to

23-14    renew coverage under a small employer health benefit plan under

23-15    Article 26.23 or 26.24 of this code shall notify the small employer

23-16    of the cancellation or refusal to renew.   It is the responsibility

23-17    of the small employer to notify enrollees of the cancellation or

23-18    refusal to renew the coverage.

23-19          (b)  The notice provided to a small employer by a small

23-20    employer carrier under this article is in addition to any other

23-21    notice required by Article 26.23 or 26.24 of this code.

23-22          SECTION 1.14.  Article 26.33, Insurance Code, is amended by

23-23    adding Subsection (d) to read as follows:

23-24          (d)  A small employer carrier may establish premium

23-25    discounts, rebates, or a reduction in otherwise applicable

23-26    copayments or deductibles in return for adherence to programs of

23-27    health promotion and disease prevention.  A discount, rebate, or

 24-1    reduction established under this subsection does not violate

 24-2    Section 4(8), Article 21.21, of this code.

 24-3          SECTION 1.15.  Article 26.40, Insurance Code, is amended to

 24-4    read as follows:

 24-5          Art. 26.40.  DISCLOSURE.  (a)  In connection with the

 24-6    offering for sale of any small employer health benefit plan, each

 24-7    small employer carrier and each agent shall make a reasonable

 24-8    disclosure, as part of its solicitation and sales materials, of:

 24-9                (1)  the extent to which premium rates for a specific

24-10    small employer are established or adjusted based on the actual or

24-11    expected variation in claim costs or the actual or expected

24-12    variation in health status of the employees of the small employer

24-13    and their dependents;

24-14                (2)  provisions concerning the small employer carrier's

24-15    right to change premium rates and the factors other than claim

24-16    experience that affect changes in premium rates;

24-17                (3)  provisions relating to renewability of policies

24-18    and contracts; and

24-19                (4)  any preexisting condition provision.

24-20          (b)  Each small employer carrier shall disclose on request by

24-21    a small employer the benefits and premiums available under all

24-22    small employer coverage for which the employer is qualified.

24-23          (c)  A small employer carrier is not required to disclose any

24-24    information to a small employer that is proprietary or trade secret

24-25    information under applicable law.

24-26          (d)  Information provided under this article to small

24-27    employers must be provided in a manner that is understandable by

 25-1    the average small employer and sufficient to reasonably inform

 25-2    small employers of their rights and obligations under a small

 25-3    employer health benefit plan.

 25-4          SECTION 1.16.  Article 26.49, Insurance Code, is amended to

 25-5    read as follows:

 25-6          Art. 26.49.  PREEXISTING CONDITION PROVISIONS.  (a)  A

 25-7    preexisting condition provision in a small employer health benefit

 25-8    plan may not apply to expenses incurred on or after the expiration

 25-9    of the 12 months following the initial effective date of coverage

25-10    of the enrollee or late enrollee.

25-11          (b)  A preexisting condition provision in a small employer

25-12    health benefit plan may not apply to coverage for a disease or

25-13    condition other than a disease or condition for which medical

25-14    advice, diagnosis, care, or treatment was recommended or received

25-15    during the six months before the earlier of:

25-16                (1)  the effective date of coverage; or

25-17                (2)  the first day of the waiting period.

25-18          (c)  A small employer carrier may not treat genetic

25-19    information as a preexisting condition described by Subsection (b)

25-20    of this article in the absence of a diagnosis of the condition

25-21    related to the information.

25-22          (d)  A small employer carrier may not treat a pregnancy as a

25-23    preexisting condition described by Subsection (b) of this article.

25-24          (e)  A preexisting condition provision in a small employer

25-25    health benefit plan may not apply to an individual who was

25-26    continuously covered for an aggregate [a minimum] period of 12

25-27    months under creditable coverage [by a health benefit plan] that

 26-1    was in  effect up to a date not more than 63 [60] days before the

 26-2    effective date of coverage under the small employer health benefit

 26-3    plan, excluding any waiting period.

 26-4          (f) [(d)]  In determining whether a preexisting condition

 26-5    provision applies to an individual covered by a small employer

 26-6    health benefit plan, the small employer carrier shall credit the

 26-7    time the individual was covered under creditable coverage [a

 26-8    previous health benefit plan] if the previous coverage was in

 26-9    effect at any time during the 12 months preceding the effective

26-10    date of coverage under a small employer health benefit plan.  If

26-11    the previous coverage was issued under [by] a health benefit plan

26-12    [maintenance organization], any waiting period that applied before

26-13    that coverage became effective also shall be credited against the

26-14    preexisting condition provision period.

26-15          (g)  A health maintenance organization may impose an

26-16    affiliation period if the period is applied uniformly without

26-17    regard to any health status related factor. The affiliation period

26-18    may not exceed two months for an enrollee, other than a late

26-19    enrollee,  and may not exceed 90 days for a late enrollee.  An

26-20    affiliation period under a plan must run concurrently with any

26-21    applicable waiting period under the plan.  The health maintenance

26-22    organization must credit an affiliation period to any preexisting

26-23    condition provision period.  A health maintenance organization may

26-24    use an alternative method approved by the commissioner to address

26-25    adverse selection.

26-26          [(e)  A carrier that does not use a preexisting condition

26-27    provision in any of its health benefit plans may impose an

 27-1    affiliation period.  For purposes of this subsection, "affiliation

 27-2    period" means a period not to exceed 90 days for new enrollees and

 27-3    not to exceed 180 days for late enrollees during which premiums are

 27-4    not collected and the issued coverage is not effective.]

 27-5          (h)  This  [(f)  Subsection (e) of this] article does not

 27-6    preclude application of any waiting period applicable to all new

 27-7    enrollees under the health benefit plan.  [However, any

 27-8    carrier-imposed waiting period may not exceed 90 days and must be

 27-9    used in lieu of a preexisting condition provision.]

27-10          SECTION 1.17.  The headings to Subchapters C, D, E, F, and G,

27-11    Chapter 26, Insurance Code, are amended to read as follows:

27-12         SUBCHAPTER C. GUARANTEED ISSUE AND RENEWABILITY OF SMALL

27-13                       EMPLOYER HEALTH BENEFIT PLANS

27-14         SUBCHAPTER D.  UNDERWRITING AND RATING OF SMALL EMPLOYER

27-15                           HEALTH BENEFIT PLANS

27-16            SUBCHAPTER E. COVERAGE UNDER SMALL EMPLOYER HEALTH

27-17                               BENEFIT PLANS

27-18            SUBCHAPTER F. REINSURANCE FOR SMALL EMPLOYER HEALTH

27-19                               BENEFIT PLANS

27-20             SUBCHAPTER G. MARKETING OF SMALL EMPLOYER HEALTH

27-21                               BENEFIT PLANS

27-22             PART 2.  PROVISIONS APPLICABLE TO LARGE EMPLOYERS

27-23          SECTION 2.01.  Chapter 26, Insurance Code, is amended by

27-24    adding Subchapter H to read as follows:

27-25            SUBCHAPTER H.  LARGE EMPLOYER HEALTH BENEFIT PLANS

27-26          Art. 26.81.  APPLICABILITY.  (a)  An individual or group

27-27    health benefit plan is subject to this subchapter if the plan

 28-1    provides health care benefits to eligible employees of a large

 28-2    employer and if:

 28-3                (1)  a portion of the premium or benefits is paid by a

 28-4    large employer; or

 28-5                (2)  the health benefit plan is treated by the employer

 28-6    or by a covered individual as part of a plan or program for the

 28-7    purposes of Section 106 or 162, Internal Revenue Code of 1986 (26

 28-8    U.S.C. Section 106 or 162).

 28-9          (b)  For an employer who was not in existence throughout the

28-10    calendar year preceding the year in which the determination of

28-11    whether the employer is a large employer is made, the determination

28-12    is based on the average number of eligible employees the employer

28-13    reasonably expects to employ on business days in the calendar year

28-14    in which the determination is made.

28-15          (c)  Except as provided by Subsection (a) of this article,

28-16    this subchapter does not apply to an individual health insurance

28-17    policy that is subject to individual underwriting, even if the

28-18    premium is remitted through payroll deduction.

28-19          Art. 26.82.  CERTIFICATION.  (a)  Not later than March 1 of

28-20    each year, each health carrier shall certify to the commissioner

28-21    whether, as of January 1 of that year, it is offering a health

28-22    benefit plan subject to this subchapter under Article 26.81 of this

28-23    code.

28-24          (b)  The certification must include a statement that the

28-25    health carrier is not offering or marketing to large employers any

28-26    coverage that is not a health benefit plan and that the  carrier is

28-27    complying with this subchapter to the extent it is applicable to

 29-1    the carrier.

 29-2          Art. 26.83.  COVERAGE REQUIREMENTS.  (a)  A large employer

 29-3    carrier may refuse to provide coverage to a large employer in

 29-4    accordance with the carrier's underwriting standards and criteria.

 29-5    However, on issuance of a health benefit plan to a large employer,

 29-6    each large employer carrier shall provide coverage to the employees

 29-7    who meet the participation criteria established by the large

 29-8    employer without regard to an individual's health status related

 29-9    factors. The participation criteria may not be based on health

29-10    status related factors.

29-11          (b)  The large employer carrier shall accept or reject the

29-12    entire group of individuals who meet the participation criteria

29-13    established by the employer and who choose coverage and may exclude

29-14    only those employees or dependents who have declined coverage.  The

29-15    carrier may charge premiums in accordance with Article 26.89 of

29-16    this code to the group of employees or dependents who meet the

29-17    participation criteria established by the employer and who do not

29-18    decline coverage.

29-19          (c)  The large employer carrier shall obtain a written waiver

29-20    for each employee who meets the participation criteria and who

29-21    declines coverage under the health plan offered to a large

29-22    employer. The waiver must ensure that the employee was not induced

29-23    or pressured into declining coverage because of the employee's

29-24    health status related factors.

29-25          (d)  A large employer carrier may not provide coverage to a

29-26    large employer or the employees of a large employer if the  carrier

29-27    or an agent for the carrier knows that the large employer has

 30-1    induced or pressured an employee who meets the participation

 30-2    criteria or a dependent of the employee to decline coverage because

 30-3    of that individual's health status related factors.

 30-4          (e)  A large employer carrier may require a large employer to

 30-5    meet minimum contribution or participation requirements as a

 30-6    condition of issuance and renewal in accordance with the carrier's

 30-7    usual and customary practices for all employer health benefit plans

 30-8    in this state.  Those requirements must be stated in the contract

 30-9    and must be applied uniformly to each large employer offered or

30-10    issued coverage by the large employer carrier in this state.

30-11          (f)  The initial enrollment period for employees meeting the

30-12    participation criteria must be at least 31 days, with a 31-day

30-13    annual open enrollment period.

30-14          (g)  If dependent coverage is offered to enrollees under a

30-15    large employer health benefit plan, the initial enrollment period

30-16    for the dependents must be at least 31 days, with a 31-day annual

30-17    open enrollment period.

30-18          (h)  A large employer may establish a waiting period during

30-19    which a new employee is not eligible for coverage. The employer

30-20    shall determine the duration of the waiting period.

30-21          (i)  A new employee who meets the participation criteria of a

30-22    covered large employer may not be denied coverage if the

30-23    application for coverage is received by the large employer not

30-24    later than the 31st day after the later of:

30-25                (1)  the date on which the employment begins; or

30-26                (2)  the date on which the waiting period established

30-27    under Subsection (h) of this article expires.

 31-1          (j)  If dependent coverage is offered to the enrollees under

 31-2    a large employer health benefit plan, a dependent of a new employee

 31-3    who meets the participation criteria established by the large

 31-4    employer may not be denied coverage if the application for coverage

 31-5    is received by the large employer not later than the 31st day after

 31-6    the later of:

 31-7                (1)  the date on which the employment begins;

 31-8                (2)  the date on which the waiting period established

 31-9    under Subsection (h) of this article expires; or

31-10                (3)  the date on which the dependent becomes eligible

31-11    for enrollment.

31-12          (k)  A late enrollee may be excluded from coverage until the

31-13    next annual open enrollment period and may be subject to a 12-month

31-14    preexisting condition provision as described by Article 26.90 of

31-15    this code. The period during which a preexisting condition

31-16    provision applies may not exceed 18 months from the date of  the

31-17    initial application.

31-18          (l)  A large employer carrier may not exclude any employee

31-19    who meets the participation criteria or an eligible dependent,

31-20    including a late enrollee, who would otherwise be covered under a

31-21    large employer group.

31-22          (m)  A large employer health benefit plan may not, by use of

31-23    a rider or amendment applicable to a specific individual, limit or

31-24    exclude coverage by type of illness, treatment, medical condition,

31-25    or accident, except for a preexisting condition permitted under

31-26    Article 26.90 of this code.

31-27          Art. 26.84.  DEPENDENT CHILDREN.  (a)  A large employer

 32-1    health benefit plan may not limit or exclude initial coverage of a

 32-2    newborn child of a covered employee.  Any coverage of a newborn

 32-3    child of a covered employee under this subsection terminates on the

 32-4    32nd day after the date of the birth of the child unless:

 32-5                (1)  dependent children are eligible for coverage under

 32-6    the large employer health benefit plan; and

 32-7                (2)  notification of the birth and any required

 32-8    additional premium are received by the large employer carrier not

 32-9    later than the 31st day after the date of birth.

32-10          (b)  If dependent children are eligible for coverage under

32-11    the large employer health benefit plan, a large employer health

32-12    benefit plan may not limit or exclude initial coverage of an

32-13    adopted child of an insured.  A child is considered to be the child

32-14    of an insured if the insured is a party in a suit in which the

32-15    adoption of the child by the insured is sought.

32-16          (c)  An adopted child is enrolled on the date the insured

32-17    becomes a party in the suit. Coverage of an adopted child under

32-18    this subsection terminates on the 32nd day after the date the

32-19    insured becomes a party in the suit unless notice of the adoption

32-20    and any required additional premium are received by the large

32-21    employer carrier not later than the 31st day after that date.

32-22          (d)  An adopted child who is not enrolled in the plan by the

32-23    date the adoption becomes final is enrolled on that date.  Coverage

32-24    of an adopted child under this subsection terminates on the 32nd

32-25    day after the date the adoption becomes final unless notice of the

32-26    adoption and any required additional premium are received by the

32-27    large employer carrier not later than the 31st day after that date.

 33-1          Art. 26.85.  GEOGRAPHIC SERVICE AREA.  (a)  A large employer

 33-2    carrier is not required to offer or issue the large employer health

 33-3    benefit plans to:

 33-4                (1)  a large employer that is not located within a

 33-5    geographic service area of the large employer carrier;

 33-6                (2)  an employee of a large employer who neither

 33-7    resides nor works in the geographic service area of the large

 33-8    employer carrier; or

 33-9                (3)  a large employer located within a geographic

33-10    service area with respect to which the large employer carrier

33-11    demonstrates to the satisfaction of the commissioner that the large

33-12    employer carrier:

33-13                      (A)  reasonably anticipates that it will not have

33-14    the capacity to deliver services adequately because of obligations

33-15    to existing covered individuals; and

33-16                      (B)  is acting uniformly without regard to the

33-17    claims experience of the large employer or any health status

33-18    related factor of employees or dependents or new employees or

33-19    dependents who may become eligible for the coverage.

33-20          (b)  A large employer carrier that is unable to offer

33-21    coverage in a geographic service area in accordance with a

33-22    determination made by the commissioner under Subsection (a)(3) of

33-23    this article may not offer large employer benefit plans in the

33-24    applicable service area before the 180th day after the later of:

33-25                (1)  the date of the refusal; or

33-26                (2)  the date the carrier demonstrates to the

33-27    satisfaction of the commissioner that it has regained the capacity

 34-1    to deliver services to large employers in the geographic service

 34-2    area.

 34-3          (c)  If the commissioner determines that requiring the

 34-4    acceptance of large employers under this subchapter would place a

 34-5    large employer carrier in a financially impaired condition and that

 34-6    the large employer carrier is acting uniformly without regard to

 34-7    the claims experience of the large employer or any health status

 34-8    related factors of employees or dependents or new employees or

 34-9    dependents who may become eligible for the coverage, the large

34-10    employer carrier may not offer coverage to large employers until

34-11    the later of:

34-12                (1)  the 180th day after the date the commissioner

34-13    makes the determination; or

34-14                (2)  the date the commissioner determines that

34-15    accepting large employers would not place the large employer

34-16    carrier in a financially impaired condition.

34-17          (d)  A large employer carrier must file each of its

34-18    geographic service areas with the commissioner.  The commissioner

34-19    may disapprove the use of a geographic service area by a large

34-20    employer carrier.

34-21          Art. 26.86.  RENEWABILITY OF COVERAGE; CANCELLATION.

34-22    (a)  Except as provided by Article 26.87 of this code, a large

34-23    employer carrier shall renew the large employer health benefit

34-24    plans for a covered large employer, at the option of the large

34-25    employer, unless:

34-26                (1)  a premium has not been paid as required by the

34-27    terms of the plan;

 35-1                (2)  the large employer has committed fraud or

 35-2    intentional misrepresentation of a material fact;

 35-3                (3)  the large employer has not complied with the terms

 35-4    of the health benefit plan;

 35-5                (4)  no enrollee in connection with the plan resides or

 35-6    works in the service area of the large employer carrier or in the

 35-7    area for which the large employer carrier is authorized to do

 35-8    business; or

 35-9                (5)  membership of an employer in an association

35-10    terminates, but only if coverage is terminated uniformly without

35-11    regard to a health status related factor of a covered individual.

35-12          (b)  A large employer carrier may refuse to renew the

35-13    coverage of an eligible employee or dependent for fraud or

35-14    intentional misrepresentation of a material fact by that

35-15    individual.

35-16          (c)  A large employer carrier may not cancel a large employer

35-17    health benefit plan except for the reasons specified for refusal to

35-18    renew under Subsection (a) of this article.  A large employer

35-19    carrier may not cancel the coverage of an eligible employee or

35-20    dependent except for the reasons specified for refusal to renew

35-21    under Subsection (b) of this article.

35-22          Art. 26.87.  REFUSAL TO RENEW.  (a)  A large employer carrier

35-23    may elect to refuse to renew all large employer health benefit

35-24    plans delivered or issued for delivery by the large employer

35-25    carrier in this state or in a geographic service area approved

35-26    under Article 26.85 of this code.  The large employer carrier shall

35-27    notify the commissioner of the election not later than the 180th

 36-1    day before the date coverage under the first large employer health

 36-2    benefit plan terminates under this subsection.

 36-3          (b)  The large employer carrier shall notify each affected

 36-4    covered large employer not later than the 180th day before the date

 36-5    on which coverage terminates for that large employer.

 36-6          (c)  A large employer carrier that elects under Subsection

 36-7    (a) of this article to refuse to renew all large employer health

 36-8    benefit plans in this state or in an approved geographic service

 36-9    area may not write a new large employer health benefit plan in this

36-10    state or in the geographic service area, as applicable, before the

36-11    fifth anniversary of the date on which notice is delivered to the

36-12    commissioner under Subsection (a) of this article.

36-13          (d)  A large employer carrier may elect to discontinue a

36-14    particular type of large employer coverage only if the large

36-15    employer carrier:

36-16                (1)  provides notice to each employer of the

36-17    discontinuation before the 90th day preceding the date of the

36-18    discontinuation of the coverage;

36-19                (2)  offers to each employer the option to purchase

36-20    other large employer coverage offered by the large employer carrier

36-21    at the time of the discontinuation; and

36-22                (3)  acts uniformly without regard to the claims

36-23    experience of the employer or any health status related factors of

36-24    employees or dependents or new employees or dependents who may

36-25    become eligible for the coverage.

36-26          Art. 26.88.  NOTICE TO COVERED PERSONS.  (a)  Not later than

36-27    the 30th day before the date on which termination of coverage is

 37-1    effective, a large employer carrier that cancels or refuses to

 37-2    renew coverage under a large employer health benefit plan under

 37-3    Article 26.86 or 26.87 of this code shall notify the large employer

 37-4    of the cancellation or refusal to renew. It is the responsibility

 37-5    of the large employer to notify enrollees of the cancellation or

 37-6    refusal to renew the coverage.

 37-7          (b)  The notice provided to a large employer by a large

 37-8    employer carrier under this article is in addition to any other

 37-9    notice required by  Article 26.86 or 26.87 of this code.

37-10          Art. 26.89.  PREMIUM RATES; ADJUSTMENTS.  (a)  A large

37-11    employer carrier may not charge an adjustment to premium rates for

37-12    individual employees or dependents for health status related

37-13    factors or duration of coverage.  Any adjustment must be applied

37-14    uniformly to the rates charged for all employees and dependents of

37-15    employees of the large employer.  This subsection does not restrict

37-16    the amount that a large employer may be charged for coverage.

37-17          (b)  A large employer carrier may establish premium

37-18    discounts, rebates, or a reduction in otherwise applicable

37-19    copayments or deductibles in return for adherence to programs of

37-20    health promotion and disease prevention. A discount, rebate, or

37-21    reduction established under this subsection does not violate

37-22    Section 4(8), Article 21.21, of this code.

37-23          Art. 26.90.  PREEXISTING CONDITION PROVISIONS.  (a)  A

37-24    preexisting condition provision in a large employer health benefit

37-25    plan may not apply to an expense incurred on or after the

37-26    expiration of the 12 months following the initial effective date of

37-27    coverage of the enrollee or late enrollee.

 38-1          (b)  A preexisting condition provision in a large employer

 38-2    health benefit plan may not apply to coverage for a disease or

 38-3    condition other than a disease or condition for which medical

 38-4    advice, diagnosis, care, or treatment was recommended or received

 38-5    during the six months before the earlier of:

 38-6                (1)  the effective date of coverage; or

 38-7                (2)  the first day of the waiting period.

 38-8          (c)  A large employer carrier may not treat genetic

 38-9    information as a preexisting condition described by Subsection (b)

38-10    of this article in the absence of a diagnosis of the condition

38-11    related to the information.

38-12          (d)  A large employer carrier may not treat a pregnancy as a

38-13    preexisting condition described by Subsection (b) of this article.

38-14          (e)  A preexisting condition provision in a large employer

38-15    health benefit plan may not apply to an individual who was

38-16    continuously covered for an aggregate period of 12 months under

38-17    creditable coverage that was in effect up to a date not more than

38-18    63 days before the effective date of coverage under the large

38-19    employer health benefit plan, excluding any waiting period.

38-20          (f)  In determining whether a preexisting condition provision

38-21    applies to an individual covered by a large employer health benefit

38-22    plan, the large employer carrier shall credit the time the

38-23    individual was covered under creditable coverage if the previous

38-24    coverage was in effect at any time during the 12 months preceding

38-25    the effective date of coverage under a large employer health

38-26    benefit plan.  If the previous coverage was issued under a health

38-27    benefit plan, any waiting period shall also be credited to the

 39-1    preexisting condition provision period.

 39-2          (g)  A health maintenance organization may impose an

 39-3    affiliation period if the period is applied uniformly without

 39-4    regard to any health status related factor. The affiliation period

 39-5    may not exceed two months for an enrollee, other than a late

 39-6    enrollee,  and may not exceed 90 days for a late enrollee.  An

 39-7    affiliation period under a plan must run concurrently with any

 39-8    applicable waiting period under the plan.  The health maintenance

 39-9    organization must credit an affiliation period to any preexisting

39-10    condition provision period.  A health maintenance organization may

39-11    use an alternative method approved by the commissioner to address

39-12    adverse selection.

39-13          (h)  This article does not preclude application of any

39-14    waiting period applicable to all new enrollees under the health

39-15    benefit plan.

39-16          Art. 26.91.  FAIR MARKETING.  (a)  On request, each large

39-17    employer purchasing health benefit plans shall be given a summary

39-18    of all plans for which the employer is eligible.

39-19          (b)  The department may require periodic reports by large

39-20    employer carriers and agents regarding the large employer health

39-21    benefit plans issued by those carriers.  The reporting requirements

39-22    must require information regarding the number of large employer

39-23    health benefit plans in various categories that are marketed or

39-24    issued to large employers and must comply with federal law and

39-25    regulations.

39-26          Art. 26.92.  HEALTH STATUS AND CLAIMS EXPERIENCE; PROHIBITED

39-27    ACTS.  (a)  A large employer carrier or agent may not, directly or

 40-1    indirectly, enter into an agreement or arrangement with an agent

 40-2    that provides for, or results in, the compensation paid to an agent

 40-3    for the sale of the large employer health benefit plans to vary

 40-4    because of the claims experience of the large employer or because

 40-5    of health status related factors of the employees or dependents of

 40-6    the large employer.

 40-7          (b)  Subsection (a) of this article does not apply to an

 40-8    arrangement that provides compensation to an agent on the basis of

 40-9    percentage of premium, provided that the percentage may not vary

40-10    because of the claims experience of the large employer or because

40-11    of health status related factors of the employees or dependents of

40-12    the large employer.

40-13          (c)  A large employer carrier or agent may not encourage a

40-14    large employer to exclude an eligible employee from health coverage

40-15    provided in connection with the employee's employment.

40-16          Art. 26.93.  AGENTS.  (a)  A large employer carrier shall pay

40-17    the same commission, percentage of premium, or other amount to an

40-18    agent for renewal of a large employer health benefit plan as the

40-19    carrier paid for the original placement of the plan.  Compensation

40-20    for renewal of a plan may not be adjusted upward to reflect an

40-21    increase in the cost of living or similar factors.

40-22          (b)  A large employer carrier may not terminate, fail to

40-23    renew, or limit its contract or agreement of representation with an

40-24    agent because of any health status related factors of a large

40-25    employer group placed by the agent with the carrier.

40-26          Art. 26.94.  WRITTEN STATEMENT OF DENIAL, CANCELLATION, OR

40-27    REFUSAL TO RENEW.  Denial by a large employer carrier of an

 41-1    application for coverage from a large employer carrier or

 41-2    cancellation or refusal to renew must be in writing and must state

 41-3    the reason or reasons for the denial, cancellation, or refusal.

 41-4          Art. 26.95.  THIRD-PARTY ADMINISTRATOR.  If a large employer

 41-5    carrier enters into an agreement with a third-party administrator

 41-6    to provide administrative, marketing, or other services related to

 41-7    the offering of large employer health benefit plans to large

 41-8    employers in this state, the third-party administrator is subject

 41-9    to this subchapter.

41-10                    PART 3.  CERTIFICATION OF COVERAGE

41-11          SECTION 3.01.  Subchapter E, Chapter 21, Insurance Code, is

41-12    amended by adding Article 21.52G to read as follows:

41-13          Art. 21.52G.  CERTIFICATION AND DISCLOSURE OF COVERAGE UNDER

41-14    HEALTH BENEFIT PLAN

41-15          Sec. 1.  DEFINITIONS.  In this article:

41-16                (1)  "Creditable coverage" means creditable coverage

41-17    described by Section 3 of this article.

41-18                (2)  "Health benefit plan" means a plan subject to this

41-19    article under Section 2 of this article.

41-20          Sec. 2.  HEALTH BENEFIT PLAN.  This article applies to a

41-21    health benefit plan that:

41-22                (1)  provides benefits for medical or surgical expenses

41-23    incurred as a result of a health condition, accident, or sickness,

41-24    including:

41-25                      (A)  an individual, group, blanket, or franchise

41-26    insurance policy or insurance agreement, a group hospital service

41-27    contract, or an individual or group evidence of coverage that is

 42-1    offered by:

 42-2                            (i)  an insurance company;

 42-3                            (ii)  a group hospital service corporation

 42-4    operating under Chapter 20 of this code;

 42-5                            (iii)  a fraternal benefit society

 42-6    operating under Chapter 10 of this code;

 42-7                            (iv)  a stipulated premium insurance

 42-8    company operating under Chapter 22 of this code; or

 42-9                            (v)  a health maintenance organization

42-10    operating under the Texas Health Maintenance Organization Act

42-11    (Chapter 20A, Vernon's Texas Insurance Code); or

42-12                      (B)  to the extent permitted by the Employee

42-13    Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et

42-14    seq.), a health benefit plan that is offered by:

42-15                            (i)  a multiple employer welfare

42-16    arrangement as defined by Section 3, Employee Retirement Income

42-17    Security Act of 1974 (29 U.S.C. Section 1002) and operating under

42-18    Article 3.95-1 et seq. of this code; or

42-19                            (ii)  another analogous benefit

42-20    arrangement;

42-21                (2)  is offered by an approved nonprofit health

42-22    corporation that is certified under Section 5.01(a), Medical

42-23    Practice Act (Article 4495b, Vernon's Texas Civil Statutes), and

42-24    that holds a certificate of authority issued by the commissioner

42-25    under Article 21.52F of this code; or

42-26                (3)  is offered by any other entity not licensed under

42-27    this code or another insurance law of this state that contracts

 43-1    directly for health care services on a risk-sharing basis,

 43-2    including an entity that contracts for health care services on a

 43-3    capitation basis.

 43-4          Sec. 3.  CREDITABLE COVERAGE.  (a)  An individual's coverage

 43-5    is creditable for purposes of this article if the coverage is

 43-6    provided under:

 43-7                (1)  a self-funded or self-insured employee welfare

 43-8    benefit plan that provides health benefits and that is established

 43-9    in accordance with the Employee Retirement Income Security Act of

43-10    1974 (29 U.S.C. Section 1001 et seq.);

43-11                (2)  a group health benefit plan provided by a health

43-12    insurance carrier or health maintenance organization;

43-13                (3)  an individual health insurance policy or evidence

43-14    of coverage;

43-15                (4)  Part A or Part B of Title XVIII of the Social

43-16    Security Act (42 U.S.C. Section 1395c et seq.);

43-17                (5)  Title XIX of the Social Security Act (42 U.S.C.

43-18    Section 1396 et seq.), other than coverage consisting solely of

43-19    benefits under Section 1928 of that Act (42 U.S.C. Section 1396s);

43-20                (6)  Chapter 55, Title 10, United States Code (10

43-21    U.S.C.  Section 1071 et seq.);

43-22                (7)  a medical care program of the Indian Health

43-23    Service or of a tribal organization;

43-24                (8)  a state health benefits risk pool;

43-25                (9)  a health plan offered under Chapter 89, Title 5,

43-26    United States Code (5 U.S.C. Section 8901 et seq.);

43-27                (10)  a public health plan as defined by federal

 44-1    regulations; or

 44-2                (11)  a health benefit plan under Section 5(e), Peace

 44-3    Corps Act (22 U.S.C. Section 2504(e)).

 44-4          (b)  Creditable coverage does not include:

 44-5                (1)  accident-only or disability income insurance, or a

 44-6    combination of accident-only and disability income insurance;

 44-7                (2)  coverage issued as a supplement to liability

 44-8    insurance;

 44-9                (3)  liability insurance, including general liability

44-10    insurance and automobile liability insurance;

44-11                (4)  workers' compensation or similar insurance;

44-12                (5)  automobile medical payment insurance;

44-13                (6)  credit-only insurance;

44-14                (7)  coverage for on-site medical clinics;

44-15                (8)  other coverage that is:

44-16                      (A)  similar to the coverage described in this

44-17    subsection under which benefits for medical care are secondary or

44-18    incidental to other insurance benefits; and

44-19                      (B)  specified in federal regulations;

44-20                (9)  coverage that provides limited-scope dental or

44-21    vision benefits;

44-22                (10)  long-term care coverage or benefits, nursing home

44-23    care coverage or benefits, home health care coverage or benefits,

44-24    community-based care coverage or benefits, or any combination of

44-25    those coverages or benefits;

44-26                (11)  coverage that provides other limited benefits

44-27    specified by federal regulations;

 45-1                (12)  coverage for a specified disease or illness;

 45-2                (13)  hospital indemnity or other fixed indemnity

 45-3    insurance; or

 45-4                (14)  Medicare supplemental health insurance as defined

 45-5    under Section 1882(g)(1), Social Security Act (42 U.S.C.  Section

 45-6    1395ss), coverage supplemental to the coverage provided under

 45-7    Chapter 55, Title 10, United States Code (10 U.S.C. Section 1071 et

 45-8    seq.), and similar supplemental coverage provided under a group

 45-9    plan.

45-10          Sec. 4.  CERTIFICATION OF COVERAGE.  Each issuer of a health

45-11    benefit plan shall provide a certification of coverage, in

45-12    accordance with the standards the commissioner adopts by rule, as

45-13    necessary to determine the period of applicable creditable coverage

45-14    of health benefit plans.

45-15          Sec. 5.  RULES.  The commissioner shall adopt rules as

45-16    necessary to implement this article and related provisions of this

45-17    code and to meet the minimum requirements of federal law and

45-18    regulations.

45-19              PART 4.  MULTIPLE EMPLOYER WELFARE ARRANGEMENTS

45-20          SECTION 4.01.  Article 3.95-1, Insurance Code, is amended to

45-21    read as follows:

45-22          Art. 3.95-1.  DEFINITIONS.  In this subchapter:

45-23                (1)  "Board" means the Texas Department [State Board]

45-24    of Insurance or the commissioner, as appropriate.

45-25                (2)  "Commissioner" means the commissioner of

45-26    insurance.

45-27                (3)  "Creditable coverage" means coverage described by

 46-1    Article 3.95-1.5 of this code.

 46-2                (4)  "Employee welfare benefit plan" has the meaning

 46-3    assigned by Section 3(1) of the Employee Retirement Income Security

 46-4    Act of 1974 (29 U.S.C. Section 1002(1)).

 46-5                (5) [(4)]  "Fully insured multiple employer welfare

 46-6    arrangement" means a multiple employer welfare arrangement that

 46-7    provides benefits to its participating employees and beneficiaries

 46-8    for which 100 percent of the liability has been assumed by an

 46-9    insurance company authorized to do business in this state.

46-10                (6)  "Health benefit plan" means a health benefit plan

46-11    described by Article 3.95-1.6 of this code.

46-12                (7)  "Health status related factor" means:

46-13                      (A)  health status;

46-14                      (B)  medical condition, including both physical

46-15    and mental illness;

46-16                      (C)  claims experience;

46-17                      (D)  receipt of health care;

46-18                      (E)  medical history;

46-19                      (F)  genetic information;

46-20                      (G)  evidence of insurability, including

46-21    conditions arising out of acts of family violence; and

46-22                      (H)  disability.

46-23                (8)  "Late-participating employee" means an employee

46-24    described by Article 3.95-1.7 of this code.

46-25                (9) [(5)]  "Multiple employer welfare arrangement" has

46-26    the meaning assigned by Section 3(40) of the Employee Retirement

46-27    Income Security Act of 1974 (29 U.S.C. Section 1002(40)) to

 47-1    describe an entity which meets either or both of the following

 47-2    criteria:

 47-3                      (A)  one or more of the employer members in the

 47-4    multiple employer welfare arrangement is either domiciled in this

 47-5    state or has its principal headquarters or principal administrative

 47-6    office in this state; or

 47-7                      (B)  the multiple employer welfare arrangement

 47-8    solicits an employer that is domiciled in this state or has its

 47-9    principal headquarters or principal administrative office in this

47-10    state.

47-11                (10)  "Participation criteria" means any criteria or

47-12    rules established by a multiple employer welfare arrangement to

47-13    determine the employees who are eligible for enrollment, including

47-14    continued enrollment, under the terms of a health benefit plan.

47-15                (11)  "Preexisting condition provision" means a

47-16    provision that denies, excludes, or limits coverage for a disease

47-17    or condition for a specified period after the effective date of

47-18    coverage.

47-19                (12)  "Waiting period" means a period established by a

47-20    multiple employer welfare arrangement that must pass before an

47-21    individual who is a potential participating employee in a health

47-22    benefit plan is eligible to be covered for benefits.

47-23          SECTION 4.02.  Subchapter I, Chapter 3, Insurance Code, is

47-24    amended by adding Articles 3.95-1.5, 3.95-1.6, and 3.95-1.7 to read

47-25    as follows:

47-26          Art. 3.95-1.5.  CREDITABLE COVERAGE.  (a)  An individual's

47-27    coverage is creditable for purposes of this subchapter if the

 48-1    coverage is provided under:

 48-2                (1)  a self-funded or self-insured employee welfare

 48-3    benefit plan that provides health benefits and that is established

 48-4    in accordance with the Employee Retirement Income Security Act of

 48-5    1974 (29 U.S.C. Section 1001 et seq.);

 48-6                (2)  a group health benefit plan provided by a health

 48-7    insurance carrier or health maintenance organization;

 48-8                (3)  an individual health insurance policy or evidence

 48-9    of coverage;

48-10                (4)  Part A or Part B of Title XVIII of the Social

48-11    Security Act  (42 U.S.C. Section 1395c et seq.);

48-12                (5)  Title XIX of the Social Security Act (42 U.S.C.

48-13    Section 1396 et seq.), other than coverage consisting solely of

48-14    benefits under Section 1928 of that Act (42 U.S.C. Section 1396s);

48-15                (6)  Chapter 55, Title 10, United States Code (10

48-16    U.S.C.  Section 1071 et seq.);

48-17                (7)  a medical care program of the Indian Health

48-18    Service or of a tribal organization;

48-19                (8)  a state health benefits risk pool;

48-20                (9)  a health plan offered under Chapter 89, Title 5,

48-21    United States Code (5 U.S.C. Section 8901 et seq.);

48-22                (10)  a public health plan as defined by federal

48-23    regulations; or

48-24                (11)  a health benefit plan under Section 5(e), Peace

48-25    Corps Act (22 U.S.C. Section 2504(e)).

48-26          (b)  Creditable coverage does not include:

48-27                (1)  accident-only or disability income insurance, or a

 49-1    combination of accident-only and disability income insurance;

 49-2                (2)  coverage issued as a supplement to liability

 49-3    insurance;

 49-4                (3)  liability insurance, including general liability

 49-5    insurance and automobile liability insurance;

 49-6                (4)  workers' compensation or similar insurance;

 49-7                (5)  automobile medical payment insurance;

 49-8                (6)  credit-only insurance;

 49-9                (7)  coverage for on-site medical clinics;

49-10                (8)  other coverage that is:

49-11                      (A)  similar to the coverage described by this

49-12    subsection under which benefits for medical care are secondary or

49-13    incidental to other insurance benefits; and

49-14                      (B)  specified in federal regulations;

49-15                (9)  coverage that provides limited-scope dental or

49-16    vision benefits;

49-17                (10)  long-term care coverage or benefits, nursing home

49-18    care coverage or benefits, home health care coverage or benefits,

49-19    community-based care coverage or benefits, or any combination of

49-20    those coverages or benefits;

49-21                (11)  coverage that provides other limited benefits

49-22    specified by federal regulations;

49-23                (12)  coverage for a specified disease or illness;

49-24                (13)  hospital indemnity or other fixed indemnity

49-25    insurance; or

49-26                (14)  Medicare supplemental health insurance as defined

49-27    under Section 1882(g)(1), Social Security Act (42 U.S.C.  Section

 50-1    1395ss), coverage supplemental to the coverage provided under

 50-2    Chapter 55, Title 10, United States Code (10 U.S.C. Section 1071 et

 50-3    seq.), and similar supplemental coverage provided under a group

 50-4    plan.

 50-5          Art. 3.95-1.6.  HEALTH BENEFIT PLAN.  (a)  For purposes of

 50-6    this subchapter, the term "health benefit plan" includes any plan

 50-7    that provides benefits for health care services.

 50-8          (b)  A health benefit plan does not include:

 50-9                (1)  accident-only or disability income insurance or a

50-10    combination of accident-only and disability income insurance;

50-11                (2)  credit-only insurance;

50-12                (3)  disability insurance;

50-13                (4)  coverage for a specified disease or illness;

50-14                (5)  Medicare services under a federal contract;

50-15                (6)  Medicare supplement and Medicare Select policies

50-16    regulated in accordance with federal law;

50-17                (7)  long-term care coverage or benefits, nursing home

50-18    care coverage or benefits, home health care coverage or benefits,

50-19    community-based care coverage or benefits, or any combination of

50-20    those coverages or benefits;

50-21                (8)  coverage that provides limited-scope dental or

50-22    vision benefits;

50-23                (9)  coverage provided by a single service health

50-24    maintenance organization;

50-25                (10)  coverage issued as a supplement to liability

50-26    insurance;

50-27                (11)  workers' compensation or similar insurance;

 51-1                (12)  automobile medical payment insurance coverage;

 51-2                (13)  jointly managed trusts authorized under 29 U.S.C.

 51-3    Section 141 et seq. that contain a plan of benefits for employees

 51-4    that is negotiated in a collective bargaining agreement governing

 51-5    wages, hours, and working conditions of the employees that is

 51-6    authorized under 29 U.S.C. Section 157;

 51-7                (14)  hospital indemnity or other fixed indemnity

 51-8    insurance;

 51-9                (15)  reinsurance contracts issued on a stop-loss,

51-10    quota-share, or similar basis;

51-11                (16)  short-term major medical contracts;

51-12                (17)  liability insurance, including general liability

51-13    insurance and automobile liability insurance;

51-14                (18)  other insurance coverage that is:

51-15                      (A)  similar to the coverage described by this

51-16    subsection under which benefits for medical care are secondary or

51-17    incidental to other insurance benefits; and

51-18                      (B)  specified in federal regulations;

51-19                (19)  coverage for on-site medical clinics; or

51-20                (20)  coverage that provides other limited benefits

51-21    specified by federal regulations.

51-22          Art. 3.95-1.7.  LATE-PARTICIPATING EMPLOYEE.  (a)  An

51-23    individual is a late-participating employee if the individual:

51-24                (1)  is an employee or dependent eligible for

51-25    enrollment; and

51-26                (2)  requests enrollment in a participating employer's

51-27    health benefit plan after the expiration of the initial enrollment

 52-1    period established under the terms of the first plan for which that

 52-2    employee or dependent was eligible through the participating

 52-3    employer and after the expiration of an open enrollment period

 52-4    under Article 3.95-4.1 of this code.

 52-5          (b)  An individual is not a late-participating employee if:

 52-6                (1)  the individual:

 52-7                      (A)  was covered under another health benefit

 52-8    plan or self-funded employer health benefit plan at the time the

 52-9    individual was eligible to enroll;

52-10                      (B)  declines in writing, at the time of the

52-11    initial eligibility, stating that coverage under another health

52-12    benefit plan or self-funded employer health benefit plan was the

52-13    reason for declining enrollment;

52-14                      (C)  has lost coverage under another health

52-15    benefit plan or self-funded employer health benefit plan as a

52-16    result of:

52-17                            (i)  the termination of employment;

52-18                            (ii)  the reduction in the number of hours

52-19    of employment;

52-20                            (iii)  the termination of the other plan's

52-21    coverage;

52-22                            (iv)  the termination of contributions

52-23    toward the premium made by the employer; or

52-24                            (v)  the death of a spouse or divorce; and

52-25                      (D)  requests enrollment not later than the 31st

52-26    day after the date on which coverage under the other health benefit

52-27    plan or self-funded employer health benefit plan terminates;

 53-1                (2)  the individual is employed by an employer who

 53-2    offers multiple health benefit plans and the individual elects a

 53-3    different health benefit plan during an open enrollment period;

 53-4                (3)  a court has ordered coverage to be provided for a

 53-5    spouse under a covered employee's plan and request for enrollment

 53-6    is made not later than the 31st day after the date the court order

 53-7    is issued; or

 53-8                (4)  a court has ordered coverage to be provided for a

 53-9    child under a covered employee's plan and the request for

53-10    enrollment is made not later than the 31st day after the date the

53-11    employer receives notice of the court order.

53-12          SECTION 4.03.  Subchapter I, Chapter 3, Insurance Code, is

53-13    amended by adding Articles 3.95-4.1 through 3.95-4.10 to read as

53-14    follows:

53-15          Art. 3.95-4.1.  COVERAGE REQUIREMENTS.  (a)  A multiple

53-16    employer welfare arrangement may refuse to provide coverage to an

53-17    employer in accordance with the multiple employer welfare

53-18    arrangement's underwriting standards and criteria.  However, on

53-19    issuance of coverage to an employer, each multiple employer welfare

53-20    arrangement shall provide coverage to the employees who meet the

53-21    participation criteria established by the terms of the plan

53-22    document without regard to an individual's health status related

53-23    factors. The participation criteria may not be based on health

53-24    status related factors.

53-25          (b)  The multiple employer welfare arrangement shall accept

53-26    or reject the entire group of individuals who meet the

53-27    participation criteria and who choose coverage and may exclude only

 54-1    those employees or dependents who have declined coverage.  The

 54-2    multiple employer welfare arrangement may charge premiums in

 54-3    accordance with Article 3.95-4.6 of this code to the group of

 54-4    employees or dependents who meet the participation criteria and who

 54-5    do not decline coverage.

 54-6          (c)  The multiple employer welfare arrangement shall obtain a

 54-7    written waiver for each employee who meets the participation

 54-8    criteria and who declines coverage under a health plan offered to

 54-9    an employer.  The waiver must ensure that the employee was not

54-10    induced or pressured into declining coverage because of the

54-11    employee's health status related factors.

54-12          (d)  A multiple employer welfare arrangement may not provide

54-13    coverage to an employer or the employees of an employer if the

54-14    multiple employer welfare arrangement or an agent for the multiple

54-15    employer welfare arrangement knows that the employer has induced or

54-16    pressured an employee who meets the participation criteria or a

54-17    dependent of the employee to decline coverage because of that

54-18    individual's health status related factors.

54-19          (e)  A multiple employer welfare arrangement may require an

54-20    employer to meet minimum contribution or participation requirements

54-21    as a  condition of issuance and renewal in accordance with the

54-22    terms of the multiple employer welfare arrangement's plan document.

54-23    Those requirements must be stated in the plan document and must be

54-24    applied uniformly to each employer offered or issued coverage by

54-25    the multiple employer welfare arrangement in this state.

54-26          (f)  The initial enrollment period for employees meeting the

54-27    participation criteria must be at least 31 days, with a 31-day

 55-1    annual open enrollment period.

 55-2          (g)  If dependent coverage is offered to participating

 55-3    employees under the terms of a multiple employer welfare

 55-4    arrangement's plan document, the initial enrollment period for the

 55-5    dependents must be at least 31 days, with a 31-day annual open

 55-6    enrollment period.

 55-7          (h)  A multiple employer welfare arrangement may establish a

 55-8    waiting period during which a new employee is not eligible for

 55-9    coverage in accordance with the terms of the plan document.

55-10          (i)  A new employee who meets the participation criteria may

55-11    not be denied coverage if the application for coverage is received

55-12    by the multiple employer welfare arrangement not later than the

55-13    31st day after the later of:

55-14                (1)  the date on which the employment begins; or

55-15                (2)  the date on which the waiting period established

55-16    under this article expires.

55-17          (j)  If dependent coverage is offered under the terms of a

55-18    multiple employer welfare arrangement's plan document, a dependent

55-19    of  a new employee meeting the participation criteria established

55-20    by the multiple employer welfare arrangement may not be denied

55-21    coverage if the application for coverage is received by the

55-22    multiple employer welfare arrangement not later than the 31st day

55-23    after the later of:

55-24                (1)  the date on which the employment begins;

55-25                (2)  the date on which the waiting period established

55-26    under this article expires; or

55-27                (3)  the date on which the dependent becomes eligible

 56-1    for enrollment.

 56-2          (k)  A late-participating employee may be excluded from

 56-3    coverage until the next annual open enrollment period and may be

 56-4    subject to a 12-month preexisting condition provision as described

 56-5    by Article 3.95-4.8 of this code.  The period during which a

 56-6    preexisting condition provision applies may not exceed 18 months

 56-7    from the date of the initial application.

 56-8          (l)  A multiple employer welfare arrangement may not exclude

 56-9    an employee who meets the participation criteria or an eligible

56-10    dependent, including a late-participating employee, who would

56-11    otherwise be covered.

56-12          (m)  A multiple employer welfare arrangement's plan document

56-13    may not, by use of a rider or amendment applicable to a specific

56-14    individual, limit or exclude coverage by type of illness,

56-15    treatment, medical condition, or accident, except for preexisting

56-16    conditions as permitted under Article 3.95-4.8 of this code.

56-17          Art. 3.95-4.2.  DEPENDENT CHILDREN.  (a)  A multiple employer

56-18    welfare arrangement's plan document may not limit or exclude

56-19    initial coverage of a newborn child of a participating employee.

56-20    Any coverage of a newborn child of a participating employee under

56-21    this subsection terminates on the 32nd day after the date of the

56-22    birth of the child unless:

56-23                (1)  dependent children are eligible for coverage under

56-24    the multiple employer welfare arrangement's plan document; and

56-25                (2)  notification of the birth and any required

56-26    additional premium are received by the multiple employer welfare

56-27    arrangement not later than the 31st day after the date of birth.

 57-1          (b)  If dependent children are eligible for coverage under

 57-2    the terms of a multiple employer welfare arrangement's plan

 57-3    document, the plan document may not limit or exclude initial

 57-4    coverage of an adopted child of a participating employee.  A child

 57-5    is considered to be the child of a participating employee if the

 57-6    participating employee is a party in a suit in which the adoption

 57-7    of the child by the participating employee is sought.

 57-8          (c)  An adopted child is enrolled on the date the

 57-9    participating employee becomes a party in the suit. Coverage of an

57-10    adopted child under this subsection terminates on the 32nd day

57-11    after the date the participating employee becomes a party in the

57-12    suit unless notice of the adoption and any required additional

57-13    premium are received by the multiple employer welfare arrangement

57-14    not later than the 31st day after that date.

57-15          (d)  An adopted child who is not enrolled in the plan by the

57-16    date the adoption becomes final is enrolled on that date. Coverage

57-17    of an adopted child under this subsection terminates on the 32nd

57-18    day after the date the adoption becomes final unless notice of the

57-19    adoption and any required additional premium are received by the

57-20    multiple employer welfare arrangement not later than the 31st day

57-21    after that date.

57-22          Art. 3.95-4.3.  RENEWABILITY OF COVERAGE; CANCELLATION.

57-23    (a)  Except as provided by Article 3.95-4.4 of this code, a

57-24    multiple employer welfare arrangement shall renew the health

57-25    benefit plan, at the option of the employer, unless:

57-26                (1)  a contribution has not been paid as required by

57-27    the terms of the plan;

 58-1                (2)  the employer has committed fraud or intentional

 58-2    misrepresentation of a material fact;

 58-3                (3)  the employer has not complied with the terms of

 58-4    the health benefit plan document;

 58-5                (4)  the plan is ceasing to offer any coverage in a

 58-6    geographic area; or

 58-7                (5)  there has been a failure to:

 58-8                      (A)  meet the terms of an applicable collective

 58-9    bargaining agreement or other agreement requiring or authorizing

58-10    contributions to the plan;

58-11                      (B)  renew the agreement; or

58-12                      (C)  employ employees covered by the agreement.

58-13          (b)  A multiple employer welfare arrangement may refuse to

58-14    renew the coverage of a participating employee or dependent for

58-15    fraud or intentional misrepresentation of a material fact by that

58-16    individual.

58-17          (c)  A multiple employer welfare arrangement may not cancel a

58-18    health benefit plan except for the reasons specified for refusal to

58-19    renew under Subsection (a) of this article.  A multiple employer

58-20    welfare arrangement may not cancel the coverage of a participating

58-21    employee or dependent except for the reasons specified for refusal

58-22    to renew under Subsection (b) of this article.

58-23          Art. 3.95-4.4.  REFUSAL TO RENEW.  (a)  A multiple employer

58-24    welfare arrangement may elect to refuse to renew all health benefit

58-25    plans delivered or issued for delivery by the multiple employer

58-26    welfare arrangement in this state.  The multiple employer welfare

58-27    arrangement shall notify the commissioner of the election not later

 59-1    than the 180th day before the date coverage under the first health

 59-2    benefit plan terminates under this subsection.

 59-3          (b)  The multiple employer welfare arrangement shall notify

 59-4    each affected employer not later than the 180th day before the date

 59-5    on which coverage terminates for that employer.

 59-6          (c)  A multiple employer welfare arrangement that elects

 59-7    under Subsection (a) of this article to refuse to renew all health

 59-8    benefit plans in this state may not write a health benefit plan in

 59-9    this state before the fifth anniversary of the date on which notice

59-10    is delivered to the commissioner under Subsection (a) of this

59-11    article.

59-12          (d)  A multiple employer welfare arrangement may elect to

59-13    discontinue a plan only if the multiple employer welfare

59-14    arrangement:

59-15                (1)  provides notice to each employer of the

59-16    discontinuation before the 90th day preceding the date of the

59-17    discontinuation of the plan;

59-18                (2)  offers to each employer the option to purchase

59-19    another plan offered by the multiple employer welfare arrangement;

59-20    and

59-21                (3)  acts uniformly without regard to the claims

59-22    experience of the employer or any health status related factor of

59-23    participating employees or dependents or new employees or

59-24    dependents who may become eligible for the coverage.

59-25          Art. 3.95-4.5.  NOTICE TO COVERED PERSONS.  (a)  Not later

59-26    than the 30th day before the date on which termination of coverage

59-27    is effective, a multiple employer welfare arrangement that cancels

 60-1    or refuses to renew coverage under a health benefit plan under

 60-2    Article 3.95-4.3 or 3.95-4.4 of this code shall notify the employer

 60-3    of the cancellation or refusal to renew.  It is the responsibility

 60-4    of the employer to notify participating employees of the

 60-5    cancellation or refusal to renew the coverage.

 60-6          (b)  The notice provided under this article is in addition to

 60-7    any other  notice required by Article  3.95-4.3 or 3.95-4.4 of this

 60-8    code.

 60-9          Art. 3.95-4.6.  PREMIUM RATES; ADJUSTMENTS.  (a)  A multiple

60-10    employer welfare arrangement may not charge an  adjustment to

60-11    premium rates for individual employees or dependents for health

60-12    status  related factors or duration of coverage.  Any adjustment

60-13    must be applied uniformly to the rates charged for all

60-14    participating employees and dependents of participating employees

60-15    of the employer.  This subsection does not restrict the amount that

60-16    an employer may be charged for coverage.

60-17          (b)  A multiple employer welfare arrangement may establish

60-18    premium discounts, rebates, or a reduction in otherwise applicable

60-19    copayments or deductibles in return for adherence to programs of

60-20    health promotion and disease prevention.  A discount, rebate, or

60-21    reduction established under this subsection does not violate

60-22    Section 4(8), Article 21.21, of this code.

60-23          Art. 3.95-4.7.  FAIR MARKETING.  (a)  On request, each

60-24    employer purchasing health benefit plans shall be given a summary

60-25    of the plans for which the employer is eligible.

60-26          (b)  The department may require periodic reports by multiple

60-27    employer welfare arrangements and agents regarding the health

 61-1    benefit plans issued by the multiple employer welfare arrangements.

 61-2    The reporting requirements must comply with federal law and

 61-3    regulations.

 61-4          Art. 3.95-4.8.  PREEXISTING CONDITION PROVISIONS.  (a)  A

 61-5    preexisting condition provision in a multiple employer welfare

 61-6    arrangement's plan document may not apply to an expense incurred on

 61-7    or after the expiration of the 12 months following the initial

 61-8    effective date of coverage of the participating employee or

 61-9    late-participating employee.

61-10          (b)  A preexisting condition provision in a multiple employer

61-11    welfare arrangement's plan document may not apply to coverage for a

61-12    disease or condition other than a disease or condition for which

61-13    medical advice, diagnosis, care, or treatment was recommended or

61-14    received during the six months before the earlier of:

61-15                (1)  the effective date of coverage; or

61-16                (2)  the first day of the waiting period.

61-17          (c)  A multiple employer welfare arrangement may not treat

61-18    genetic information as a preexisting condition described by

61-19    Subsection (b) of this article in the absence of a diagnosis of the

61-20    condition related to the information.

61-21          (d)  A multiple employer welfare arrangement may not treat a

61-22    pregnancy as a preexisting condition described by Subsection (b) of

61-23    this article.

61-24          (e)  A preexisting condition provision in a multiple employer

61-25    welfare arrangement's plan document may not apply to an individual

61-26    who was continuously covered for an aggregate period of 12 months

61-27    under creditable coverage that was in effect up to a date not more

 62-1    than 63 days before the effective date of coverage under the health

 62-2    benefit plan, excluding any waiting period.

 62-3          (f)  In determining whether a preexisting condition provision

 62-4    applies to an individual covered by a multiple employer welfare

 62-5    arrangement's plan document, the multiple employer welfare

 62-6    arrangement shall credit the time the individual was covered under

 62-7    previous creditable coverage if the previous coverage was in effect

 62-8    at any time during the 12 months preceding the effective date of

 62-9    coverage under the multiple employer welfare arrangement.  If the

62-10    previous coverage was issued under a health benefit plan, any

62-11    waiting period shall also be credited to the preexisting condition

62-12    provision period.

62-13          (g)  This article does not preclude application of any

62-14    waiting period applicable to all new participating employees under

62-15    the health benefit plan in accordance with the terms of the

62-16    multiple employer welfare arrangement's plan document.

62-17          Art. 3.95-4.9.  WRITTEN STATEMENT OF DENIAL, CANCELLATION, OR

62-18    REFUSAL TO RENEW.  Denial by a multiple employer welfare

62-19    arrangement of an application for coverage from an employer or

62-20    cancellation or refusal to renew must be in writing and must state

62-21    the reason or reasons for the denial, cancellation, or refusal.

62-22          Art. 3.95-4.10.  THIRD-PARTY ADMINISTRATOR.  If a multiple

62-23    employer welfare arrangement enters into an agreement with a

62-24    third-party  administrator to provide administrative, marketing, or

62-25    other services related to the offering of health benefit plans to

62-26    employers in this state, the third-party administrator is subject

62-27    to this subchapter.

 63-1          SECTION 4.04.  Article 3.95-8, Insurance Code, is amended by

 63-2    amending Subsection (a) and adding Subsection (e) to read as

 63-3    follows:

 63-4          (a)  Each multiple employer welfare arrangement transacting

 63-5    business in this state shall file the following  with the

 63-6    commissioner on forms approved by the commissioner:

 63-7                (1)  within 90 days of the end of the fiscal year,

 63-8    financial statements audited by a certified public accountant;

 63-9    [and]

63-10                (2)  within 90 days of the end of the fiscal year, an

63-11    actuarial opinion prepared and certified by an actuary who is not

63-12    an employee of the multiple employer welfare arrangement and who is

63-13    a fellow of the Society of Actuaries, a member of the American

63-14    Academy of Actuaries, or an enrolled actuary under the Employee

63-15    Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et

63-16    seq.); and

63-17                (3)  any modified terms of a plan document along with a

63-18    certification from the trustees that any changes are in compliance

63-19    with the minimum requirements of this subchapter.  The actuarial

63-20    opinion shall include:

63-21                      (A)  a description of the actuarial soundness of

63-22    the multiple employer welfare arrangement, including any

63-23    recommended actions that the multiple employer welfare arrangement

63-24    should take to improve its actuarial soundness;

63-25                      (B)  the recommended amount of cash reserves the

63-26    multiple employer welfare arrangement should maintain which shall

63-27    not be less than the greater of 20 percent of the total

 64-1    contributions in the preceding plan year or 20 percent of the total

 64-2    estimated contributions for the current plan year; cash reserves

 64-3    shall be calculated with proper actuarial regard for known claims,

 64-4    paid and outstanding, a history of incurred but not reported

 64-5    claims, claims handling expenses, unearned premium, an estimate for

 64-6    bad debts, a trend factor, and a margin for error; cash reserves

 64-7    required by this article shall be maintained in cash or federally

 64-8    guaranteed obligations of less than five-year maturity that have a

 64-9    fixed or recoverable principal amount or such other investments as

64-10    the commissioner or board may authorize by rule; and

64-11                      (C)  the recommended level of specific and

64-12    aggregate stop-loss insurance the multiple employer welfare

64-13    arrangement should maintain.

64-14          (e)  If the commissioner determines that a multiple employer

64-15    welfare arrangement does not comply with the requirements

64-16    established in this subchapter, the commissioner may order the

64-17    multiple employer welfare arrangement to correct the deficiencies.

64-18    If the multiple employer welfare arrangement does not initiate

64-19    immediate corrective action, the commissioner may take any action

64-20    against the multiple employer welfare arrangement that is

64-21    authorized by this code.

64-22          SECTION 4.05.  Article 3.95-15, Insurance Code, is amended to

64-23    read as follows:

64-24          Art. 3.95-15. PROCEEDINGS BEFORE COMMISSIONER [THE BOARD] OF

64-25    INSURANCE; RULES.  (a)  The commissioner [board] may, on notice and

64-26    opportunity for all interested persons to be heard, issue such

64-27    rules, regulations, and orders as are reasonably necessary to

 65-1    augment and carry out the provisions of this subchapter.  The

 65-2    commissioner shall adopt rules as necessary to meet the minimum

 65-3    requirements of federal law and regulations.

 65-4          (b)  [A person affected by a final ruling or action of the

 65-5    commissioner under this subchapter is entitled to have that ruling

 65-6    or action reviewed by the board by submitting an application to the

 65-7    board as provided by Subsection (d) of Article 1.04 of this code.

 65-8    Appeal of the commissioner's ruling or action to the board does not

 65-9    operate as a stay of the ruling or action except as otherwise

65-10    ordered by the board on application by the appellant.]

65-11          [(c)]  A person affected by the commissioner's [board's]

65-12    order may appeal that order by filing suit in a district court in

65-13    Travis County under [pursuant to Subsection (f) of] Article 1.04 of

65-14    this code.

65-15                      PART 5.  CONFORMING AMENDMENTS

65-16          SECTION 5.01.  Section 3D, Article 3.51-6, Insurance Code, is

65-17    amended by adding Subsection (d) to read as follows:

65-18          (d)  This section does not apply to a health insurance policy

65-19    subject to Article 26.21A or 26.84 of this code.

65-20          SECTION 5.02.  Subsection (K), Section 2, Chapter 397, Acts

65-21    of the 54th Legislature, Regular Session, 1955 (Article 3.70-2,

65-22    Vernon's Texas Insurance Code), is amended to read as follows:

65-23          (K)  An accident and sickness insurance policy that provides

65-24    coverage for the immediate family or children of a person insured

65-25    under the policy may not exclude from coverage or limit coverage to

65-26    a child of the insured solely because the child is adopted.  For

65-27    the purposes of this subsection, a child is considered to be the

 66-1    child of an insured if the insured is a party in a suit in which

 66-2    the adoption of the child by the insured is sought. This Subsection

 66-3    (K) does not apply to an accident and sickness insurance policy

 66-4    subject to Article 26.21A or 26.84, Insurance Code.

 66-5              PART 6.  EFFECTIVE DATE; TRANSITION; EMERGENCY 

 66-6          SECTION 6.01.  This Act applies only to an insurance policy,

 66-7    evidence of coverage, contract, or other document establishing

 66-8    coverage under a health benefit plan that is delivered, issued for

 66-9    delivery, or renewed on or after the effective date of this Act. An

66-10    insurance policy,  evidence of coverage, contract, or other

66-11    document establishing coverage under a health benefit plan that is

66-12    delivered, issued for delivery, or renewed before the effective

66-13    date of this Act is governed by the law as it existed immediately

66-14    before that date, and that law is continued in effect for that

66-15    purpose.

66-16          SECTION 6.02.  This Act takes effect July 1, 1997.

66-17          SECTION 6.03.  The importance of this legislation and the

66-18    crowded condition of the calendars in both houses create an

66-19    emergency and an imperative public necessity that the

66-20    constitutional rule requiring bills to be read on three several

66-21    days in each house be suspended, and this rule is hereby suspended,

66-22    and that this Act take effect and be in force according to its

66-23    terms, and it is so enacted.