1-1     By:  Averitt (Senate Sponsor - Sibley)                H.B. No. 1212

 1-2           (In the Senate - Received from the House April 21, 1997;

 1-3     April 22, 1997, read first time and referred to Committee on

 1-4     Economic Development; May 6, 1997, reported adversely, with

 1-5     favorable Committee Substitute by the following vote:  Yeas 8, Nays

 1-6     0; May 6, 1997, sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 1212                  By:  Sibley

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to health insurance portability and availability and the

1-11     implementation of certain federal reforms relating to health

1-12     insurance portability and availability.

1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-14           PART 1.  HEALTH INSURANCE PORTABILITY AND AVAILABILITY;

1-15                     GENERAL PROVISIONS; SMALL EMPLOYERS

1-16           SECTION 1.01.  Article 26.01, Insurance Code, is amended to

1-17     read as follows:

1-18           Art. 26.01.  SHORT TITLE.  This chapter may be cited as the

1-19     [Small Employer] Health Insurance Portability and Availability Act.

1-20           SECTION 1.02.  Article 26.02, Insurance Code, is amended to

1-21     read as follows:

1-22           Art. 26.02.  DEFINITIONS.  In this chapter:

1-23                 (1)  "Affiliation period" means a period that, under

1-24     the terms of the coverage offered by a health maintenance

1-25     organization, must expire before the coverage becomes effective.

1-26     During an affiliation period:

1-27                       (A)  a health maintenance organization is not

1-28     required to provide health care services or benefits to the

1-29     participant or beneficiary; and

1-30                       (B)  a premium may not be charged to the

1-31     participant or beneficiary.  ["Affiliated employer" means a person

1-32     connected by commonality of ownership with a small employer.  The

1-33     term includes a person that owns a small employer, shares directors

1-34     with a small employer, or is eligible to file a consolidated tax

1-35     return with a small employer.]

1-36                 (2)  "Agent" means a person who may act as an agent for

1-37     the sale of a health benefit plan under a license issued under

1-38     Section 15 or 15A, Texas Health Maintenance Organization Act

1-39     (Article 20A.15 or 20A.15A, Vernon's Texas Insurance Code), or

1-40     under Subchapter A, Chapter 21, of this code.

1-41                 (3)  "Base premium rate" means, for each class of

1-42     business and for a specific rating period, the lowest premium rate

1-43     that is charged or that could be charged under a rating system for

1-44     that class of business by the small employer carrier to small

1-45     employers with similar case characteristics for small employer

1-46     health benefit plans with the same or similar coverage.

1-47                 (4)  "Board of directors" means the board of directors

1-48     of the Texas Health Reinsurance System.

1-49                 (5)  "Case characteristics" means, with respect to a

1-50     small employer, the geographic area in which that employer's

1-51     employees reside, the age and gender of the individual employees

1-52     and their dependents, the appropriate industry classification as

1-53     determined by the small employer carrier, the number of employees

1-54     and dependents, and other objective criteria as established by the

1-55     small employer carrier that are considered by the small employer

1-56     carrier in setting premium rates for that small employer.  The term

1-57     does not include [claim experience,] health status related factors,

1-58     duration of coverage since the date of issuance of a health benefit

1-59     plan, or whether a covered person is or may become pregnant.

1-60                 (6)  "Class of business" means all small employers or a

1-61     separate grouping of small employers established under this

1-62     chapter.

1-63                 (7)  "Creditable coverage" means coverage described by

1-64     Article 26.035 of this code.

 2-1                 (8)  "Dependent" means:

 2-2                       (A)  a spouse;

 2-3                       (B)  a newborn child;

 2-4                       (C)  a child under the age of 19 years;

 2-5                       (D)  a child who is a full-time student under the

 2-6     age of 23 years and who is financially dependent on the parent;

 2-7                       (E)  a child of any age who is medically

 2-8     certified as disabled and dependent on the parent; [and]

 2-9                       (F)  any person who must be covered under:

2-10                             (i)  Section 3D or 3E, Article 3.51-6, of

2-11     this code; or

2-12                             (ii)  Section 2(L), Chapter 397, Acts of

2-13     the 54th Legislature, Regular Session, 1955 (Article 3.70-2,

2-14     Vernon's Texas Insurance Code); and

2-15                       (G)  any other child included as an eligible

2-16     dependent under an employer's benefit plan.

2-17                 (9) [(8)]  "Eligible employee" means an employee who

2-18     works on a full-time basis and who usually works at least 30 hours

2-19     a week.  The term also includes a sole proprietor, a partner, and

2-20     an independent contractor, if the sole proprietor, partner, or

2-21     independent contractor is included as an employee under a health

2-22     benefit plan of a small or large employer.  The term does not

2-23     include:

2-24                       (A)  an employee who works on a part-time,

2-25     temporary, seasonal, or substitute basis; or

2-26                       (B)  an employee who is covered under:

2-27                             (i)  another health benefit plan;

2-28                             (ii)  a self-funded or self-insured

2-29     employee welfare benefit plan that provides health benefits and

2-30     that is established in accordance with the Employee Retirement

2-31     Income Security Act of 1974 (29 U.S.C. Section 1001 et seq.);

2-32                             (iii)  the Medicaid program if the employee

2-33     elects not to be covered;

2-34                             (iv)  another federal program, including

2-35     the CHAMPUS program or Medicare program, if the employee elects not

2-36     to be covered; or

2-37                             (v)  a benefit plan established in another

2-38     country if the employee elects not to be covered.

2-39                 (10) [(9)]  "Health benefit plan" means a group,

2-40     blanket, or franchise insurance policy, a certificate issued under

2-41     a group policy, a group hospital service contract, or a group

2-42     subscriber contract or evidence of coverage issued by a health

2-43     maintenance organization that provides benefits for health care

2-44     services.  The term does not include:

2-45                       (A)  accident-only or disability income insurance

2-46     or a combination of accident-only and disability income insurance

2-47     [coverage];

2-48                       (B)  credit-only [credit] insurance [coverage];

2-49                       (C)  disability insurance coverage;

2-50                       (D)  coverage for a  specified disease or illness

2-51     [coverage or other limited benefit policies];

2-52                       (E)  [coverage of] Medicare services under a

2-53     federal contract;

2-54                       (F)  Medicare supplement and Medicare Select

2-55     policies regulated in accordance with federal law;

2-56                       (G)  long-term care [insurance] coverage or

2-57     benefits, nursing home care coverage or benefits, home health care

2-58     coverage or benefits, community-based care coverage or benefits, or

2-59     any combination of those coverages or benefits;

2-60                       (H)  coverage that provides limited-scope

2-61     [limited to] dental or [care;]

2-62                       [(I)  coverage limited to care of] vision

2-63     benefits;

2-64                       (I) [(J)]  coverage provided by a single service

2-65     health maintenance organization;

2-66                       (J) [(K)  insurance] coverage issued as a

2-67     supplement to liability insurance;

2-68                       (K) [(L)  insurance coverage arising out of a]

2-69     workers' compensation [system] or similar insurance [statutory

 3-1     system];

 3-2                       (L) [(M)]  automobile medical payment insurance

 3-3     coverage;

 3-4                       (M) [(N)]  jointly managed trusts authorized

 3-5     under 29 U.S.C. Section 141 et seq. that contain a plan of benefits

 3-6     for employees that is negotiated in a collective bargaining

 3-7     agreement governing wages, hours, and working conditions of the

 3-8     employees that is authorized under 29 U.S.C. Section 157;

 3-9                       (N) [(O)]  hospital [confinement] indemnity or

3-10     other fixed indemnity insurance [coverage]; [or]

3-11                       (O) [(P)]  reinsurance contracts issued on a

3-12     stop-loss, quota-share, or similar basis;

3-13                       (P)  short-term major medical contracts;

3-14                       (O)  liability insurance, including general

3-15     liability insurance and automobile liability insurance;

3-16                       (R)  other coverage that is:

3-17                             (i)  similar to the coverage described by

3-18     this subdivision under which benefits for medical care are

3-19     secondary or incidental to other insurance benefits; and

3-20                             (ii)  specified in federal regulations;

3-21                       (S)  coverage for on-site medical clinics; or

3-22                       (T)  coverage that provides other limited

3-23     benefits specified by federal regulations.

3-24                 (11) [(10)]  "Health carrier" means any entity

3-25     authorized under this code or another insurance law of this state

3-26     that provides health insurance or health benefits in this state,

3-27     including an insurance company, a group hospital service

3-28     corporation under Chapter 20 of this code, a health maintenance

3-29     organization under the Texas Health Maintenance Organization Act

3-30     (Chapter 20A, Vernon's Texas Insurance Code), and a stipulated

3-31     premium company under Chapter 22 of this code.

3-32                 (12)  "Health status related factor" means:

3-33                       (A)  health status;

3-34                       (B)  medical condition, including both physical

3-35     and mental illness;

3-36                       (C)  claims experience;

3-37                       (D)  receipt of health care;

3-38                       (E)  medical history;

3-39                       (F)  genetic information;

3-40                       (G)  evidence of insurability, including

3-41     conditions arising out of acts of family violence; and

3-42                       (H)  disability.

3-43                 (13) [(11)]  "Index rate" means, for each class of

3-44     business as to a rating period for a small employers with similar

3-45     case characteristics, the arithmetic average of the applicable base

3-46     premium rate and corresponding highest premium rate.

3-47                 (14)  "Large employer" means an employer who employed

3-48     an average of at least 51 eligible employees on business days

3-49     during the preceding calendar year and who employs at least two

3-50     eligible employees on the first day of the plan year.  For purposes

3-51     of this definition, a partnership is the employer of a partner. A

3-52     large employer includes a governmental entity subject to Section 1,

3-53     Chapter 123, Acts of the 60th Legislature, Regular Session, 1967

3-54     (Article 3.51-3, Vernon's Texas Insurance Code), or Article 3.51-1,

3-55     3.51-2, 3.51-4, 3.51-5, or 3.51-5A of this code that otherwise

3-56     meets the requirements of this section and elects to be treated as

3-57     a large employer.

3-58                 (15)  "Large employer carrier" means a health carrier,

3-59     to the extent that carrier is offering, delivering, issuing for

3-60     delivery, or renewing health benefit plans subject to Subchapter H

3-61     of this chapter.

3-62                 (16)  "Large employer health benefit plan" means a

3-63     health benefit plan offered to a large employer.

3-64                 (17) [(12)]  "Late enrollee" means any [an eligible]

3-65     employee or dependent eligible for enrollment who requests

3-66     enrollment in a small or large employer's health benefit plan after

3-67     the expiration of the initial enrollment period established under

3-68     the terms of the first plan for which that employee or dependent

3-69     was eligible through the small or large employer or after the

 4-1     expiration of an open enrollment period under Article 26.21(h) or

 4-2     26.83 of this code.  An [eligible] employee or dependent is not a

 4-3     late enrollee if:

 4-4                       (A)  the individual:

 4-5                             (i)  was covered under another [employer]

 4-6     health benefit plan or self-funded employer health benefit plan at

 4-7     the time the individual was eligible to enroll;

 4-8                             (ii)  declines in writing, at the time of

 4-9     the initial eligibility, stating that coverage under another

4-10     [employer] health benefit plan or self-funded employer health

4-11     benefit plan was the reason for declining enrollment;

4-12                             (iii)  has lost coverage under another

4-13     [employer] health benefit plan or self-funded employer health

4-14     benefit plan as a result of:

4-15                                            (a)  the termination of

4-16     employment;

4-17                                            (b)  the reduction in the

4-18     number of hours of employment;

4-19                                            (c)  [,] the termination of

4-20     the other plan's coverage;

4-21                                            (d)  the termination of

4-22     contributions toward the premium made by the employer; or

4-23                                            (e)  [,]  the death of a

4-24     spouse[,] or divorce; and

4-25                             (iv)  requests enrollment not later than

4-26     the 31st day after the date on which coverage under the other

4-27     [another employer] health benefit plan or self-funded employer

4-28     health benefit plan terminates;

4-29                       (B)  the individual is employed by an employer

4-30     who offers multiple health benefit plans and the individual elects

4-31     a different health benefit plan during an open enrollment period;

4-32     [or]

4-33                       (C)  a court has ordered coverage to be provided

4-34     for a spouse [or minor child] under a covered employee's plan and

4-35     request for enrollment is made not later than the 31st day after

4-36     [issuance of] the date on which the court order is issued; or

4-37                       (D)  a court has ordered coverage to be provided

4-38     for a child under a covered employee's plan and the request for

4-39     enrollment is made not later than the 31st day after the date on

4-40     which the employer receives the court order.

4-41                 (18) [(13)]  "New business premium rate" means, for

4-42     each class of business as to a rating period, the lowest premium

4-43     rate that is charged or offered or that could be charged or offered

4-44     by the small employer carrier to small employers with similar case

4-45     characteristics for newly issued small employer health benefit

4-46     plans that provide the same or similar coverage.

4-47                 (19)  "Participation criteria" means any criteria or

4-48     rules established by a  large employer to determine the employees

4-49     who are eligible for enrollment, including continued enrollment,

4-50     under the terms of a health benefit plan. Such criteria or rules

4-51     may not be based on health status related factors.

4-52                 (20) [(14)]  "Person" means an individual, corporation,

4-53     partnership, [association,] or other [private] legal entity.

4-54                 (21) [(15)]  "Plan of operation" means the plan of

4-55     operation of the system established under Article 26.55 of this

4-56     code.

4-57                 (22)  "Point-of-service contract" means a benefit plan

4-58     offered through a health maintenance organization that:

4-59                       (A)  includes corresponding indemnity benefits in

4-60     addition to benefits relating to out-of-area or emergency services

4-61     provided through insurers or group hospital service corporations;

4-62     and

4-63                       (B)  permits the insured to obtain coverage under

4-64     either the health maintenance organization conventional plan or the

4-65     indemnity plan as determined in accordance with the terms of the

4-66     contract.

4-67                 (23) [(16)]  "Preexisting condition provision" means a

4-68     provision that denies, excludes, or limits coverage as to a disease

4-69     or condition for a specified period after the effective date of

 5-1     coverage.

 5-2                 (24) (([17)]  "Premium" means all amounts paid by a

 5-3     small or large employer and eligible employees as a condition of

 5-4     receiving coverage from a small or large employer carrier,

 5-5     including any fees or other contributions associated with a health

 5-6     benefit plan.

 5-7                 (25) [(18)]  "Rating period" means a calendar period or

 5-8     which premium rates established by a small employer carrier are

 5-9     assumed to be in effect.

5-10                 (26) [(19)]  "Reinsured carrier" means a small employer

5-11     carrier participating in the system.

5-12                 (27) [(20)]  "Risk-assuming carrier" means a small

5-13     employer carrier that elects not to participate in the system.

5-14                 (28) [(21)]  "Small employer" means an employer who

5-15     employed an average of at least two but not more than 50 eligible

5-16     employees on business days during the preceding calendar year and

5-17     who employs at least two eligible employees on the first day of the

5-18     plan year.  For purposes of this definition, a partnership is the

5-19     employer of a partner.  A small employer includes a governmental

5-20     entity subject to Section 1, Chapter 123, Acts of the 60th

5-21     Legislature, Regular Session, 1967 (Article 3.51-3, Vernon's Texas

5-22     Insurance Code), or Article 3.51-1, 3.51-2, 3.51-4, 3.51-5, or

5-23     3.51-5A of this code that otherwise meets the requirements of this

5-24     section and elects to be treated as a small employer [a person that

5-25     is actively engaged in business and that, on at least 50 percent of

5-26     its working days during the preceding calendar year, employed at

5-27     least three but not more than 50 eligible employees, including the

5-28     employees of an affiliated employer, the majority of whom were

5-29     employed in this state].

5-30                 (29) [(22)]  "Small employer carrier" means a health

5-31     carrier, to the extent that that carrier is offering, delivering,

5-32     issuing for delivery, or renewing health benefit plans subject to

5-33     subchapters C-G of this chapter under Article 26.06(a) of this

5-34     code.

5-35                 (30) [(23)]  "Small employer health benefit plan" means

5-36     a plan developed by the commissioner under Subchapter E of this

5-37     chapter or any other health benefit plan offered to a small

5-38     employer in accordance with Article 26.42(c) or 26.48 of this code.

5-39                 (31) [(24)]  "System" means the Texas Health

5-40     Reinsurance System established under Subchapter F of this chapter.

5-41                 (32)  "Waiting period" means a period established by an

5-42     employer that must pass before an individual who is a potential

5-43     enrollee in a health benefit plan is eligible to be covered for

5-44     benefits.

5-45                 [(25)  "Point-of-service contract" means a benefit plan

5-46     offered through a health maintenance organization that:]

5-47                       [(A)  includes corresponding indemnity benefits

5-48     in addition to benefits relating to out-of-area or emergency

5-49     services provided through insurers or group hospital service

5-50     corporations; and]

5-51                       [(B)  permits the insured to obtain coverage

5-52     under either the health maintenance organization conventional plan

5-53     or the indemnity plan as determined in accordance with the terms of

5-54     the contract.]

5-55           SECTION 1.03.  Subchapter A, Chapter 26, Insurance Code, is

5-56     amended by adding Articles 26.035 and 26.036 to read as follows:

5-57           Art. 26.035.  CREDITABLE COVERAGE.  (a)  An individual's

5-58     coverage is creditable for purposes of this chapter if the coverage

5-59     is provided under:

5-60                 (1)  a self-funded or self-insured employee welfare

5-61     benefit plan that provides health benefits and that is established

5-62     in accordance with the Employee Retirement income Security Act of

5-63     1974 (29 U.S.C. Section 1001 et seq.);

5-64                 (2)  a group health benefit plan provided by a health

5-65     insurance carrier or health maintenance organization;

5-66                 (3)  an individual health insurance policy or evidence

5-67     of coverage;

5-68                 (4)  Part A or Part B of Title XVIII of the Social

5-69     Security Act (42 U.S.C. Section 1395c et seq.);

 6-1                 (5)  Title XIX of the Social Security Act (42 U.S.C.

 6-2     Section 1396 et seq.), other than coverage consisting solely of

 6-3     benefits under Section 1928 of that Act (42 U.S.C. Section 1396s);

 6-4                 (6)  Chapter 55, Title 10, United States Code (10

 6-5     U.S.C. Section 1071 et seq.);

 6-6                 (7)  a medical care program of the Indian Health

 6-7     Service or of a tribal organization;

 6-8                 (8)  a state health benefits risk pool;

 6-9                 (9)  a health plan offered under Chapter 89, Title 5,

6-10     United States Code (5 U.S.C. Section 8901 et seq.);

6-11                 (10)  a public health plan as defined by federal

6-12     regulations; or

6-13                 (11)  a health benefit plan under Section 5(e), Peace

6-14     Corps Act (22 U.S.C. Section 2504(e)).

6-15           (b)  Creditable coverage does not include:

6-16                 (1)  accident-only or disability income insurance, or a

6-17     combination of accident-only and disability income insurance;

6-18                 (2)  coverage issued as a supplement to liability

6-19     insurance;

6-20                 (3)  liability insurance, including general liability

6-21     insurance and automobile liability insurance;

6-22                 (4)  workers' compensation or similar insurance;

6-23                 (5)  automobile medical payment insurance;

6-24                 (6)  credit-only insurance;

6-25                 (7)  coverage for on-site medical clinics;

6-26                 (8)  other coverage that is:

6-27                       (A)  similar to the coverage described by this

6-28     subsection under which benefits for medical care are secondary or

6-29     incidental to other insurance benefits; and

6-30                       (B)  specified in federal regulations;

6-31                 (9)  coverage that provides limited-scope dental or

6-32     vision benefits;

6-33                 (10)  long-term care coverage or benefits, nursing home

6-34     care coverage or benefits, home health care coverage or benefits,

6-35     community-based care coverage or benefits, or any combination of

6-36     those coverages or benefits;

6-37                 (11)  coverage that provides other limited benefits

6-38     specified by federal regulations;

6-39                 (12)  coverage for a specified disease or illness;

6-40                 (13)  hospital indemnity or other fixed indemnity

6-41     insurance; or

6-42                 (14)  Medicare supplemental health insurance as defined

6-43     under Section 1882(g)(1), Social Security Act (42 U.S.C. Section

6-44     1395ss), coverage supplemental to the coverage provided under

6-45     Chapter 55, Title 10, United States Code (10 U.S.C. Section 1071 et

6-46     seq.), and similar supplemental coverage provided under a group

6-47     plan.

6-48           Art. 26.036.  SCHOOL DISTRICT ELECTION.  (a)  An independent

6-49     school district may elect to participate in the small employer

6-50     market without regard to the number of eligible employees of the

6-51     independent school district.

6-52           (b)  An independent school district that elects to

6-53     participate in the small employer market under this Article is

6-54     treated as a small employer under this chapter for all purposes.

6-55           SECTION 1.04.  Article 26.04, Insurance Code, is amended to

6-56     read as follows:

6-57           Art. 26.04.  RULES.  The commissioner [board] shall adopt

6-58     rules as necessary to implement this chapter and to meet the

6-59     minimum requirements of federal law and regulations.

6-60           SECTION 1.05.  Article 26.06, Insurance Code, is amended to

6-61     read as follows:

6-62           Art. 26.06.  APPLICABILITY.  (a)  An individual or group

6-63     health benefit plan is subject to Subchapters C-G of this chapter

6-64     if it provides health care benefits covering two [three] or more

6-65     eligible employees of a small employer and if [it meets any one of

6-66     the following conditions]:

6-67                 (1)  a portion of the premium or benefits is paid by a

6-68     small employer; or

6-69                 (2)  the health benefit plan is treated by the employer

 7-1     or by a covered individual as part of a plan or program for the

 7-2     purposes of Section 106 or 162, Internal Revenue Code of 1986 (26

 7-3     U.S.C. Section 106 or 162).

 7-4           (b)  For an employer who was not in existence throughout the

 7-5     calendar year preceding the year in which the determination of

 7-6     whether the employer is a small employer is made, the determination

 7-7     is based on the average number of eligible employees the employer

 7-8     reasonably expects to employ on business days in the calendar year

 7-9     in which the determination is made.

7-10           (c)  Except as provided by Subsection (a) of this article,

7-11     this chapter does not apply to an individual health insurance

7-12     policy that is subject to individual underwriting, even if the

7-13     premium is remitted through a payroll addiction method.

7-14           (d) [(c)]  Except as expressly provided in this chapter, a

7-15     small employer health benefit plan is not subject to a law that

7-16     requires coverage or the offer of coverage of a health care service

7-17     or benefit.

7-18           SECTION 1.06.  Article 26.13(a), Insurance Code, is amended

7-19     to read as follows:

7-20           Art. 26.13.  TEXAS HEALTH BENEFITS PURCHASING COOPERATIVE.

7-21           (a)  The Texas Health benefits Purchasing Cooperative is a

7-22     nonprofit organization established to make health care coverage

7-23     available to small and large employers and their eligible employees

7-24     and eligible employees' dependents.

7-25           SECTION 1.07.  Articles 26.14(a) and (d), Insurance Code, are

7-26     amended to read as follows:

7-27           (a)  Two or more small or large employers may form a

7-28     cooperative for the purchase of small or large employer health

7-29     benefit plans.  A cooperative must be organized as a nonprofit

7-30     cooperation and has the rights and duties provided by the Texas

7-31     Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's

7-32     Texas Civil Statutes).

7-33           (d)  A purchasing cooperative or a member of the board of

7-34     directors, the executive director, or an employee or agent of a

7-35     purchasing cooperative is not liable for:

7-36                 (1)  an act performed in good faith in the execution of

7-37     duties in connection with the purchasing cooperative; or

7-38                 (2)  an independent action of a small or large employer

7-39     insurance carrier or a person who provides health care services

7-40     under a health benefit plan.

7-41           SECTION 1.08.  Articles 26.15(a) and (b), Insurance Code, are

7-42     amended to read as follows:

7-43           (a)  A cooperative:

7-44                 (1)  shall arrange for small or large employer health

7-45     benefit plan coverage for small or large employer groups who

7-46     participate in the cooperative by contracting with small or large

7-47     employer carriers who meet the criteria established by Subsection

7-48     (b) of this article;

7-49                 (2)  shall collect premiums to cover the cost of:

7-50                       (A)  small or large employer health benefit plan

7-51     coverage purchased through the cooperative; and

7-52                       (B)  the cooperative's administrative expenses;

7-53                 (3)  may contract with agents to market coverage issued

7-54     through the cooperative;

7-55                 (4)  shall establish administrative and accounting

7-56     procedures for the operation of the cooperative;

7-57                 (5)  shall establish procedures under which an

7-58     applicant for or participant in coverage issued through the

7-59     cooperative may have a grievance reviewed by an impartial person;

7-60                 (6)  may contract with a small or large employer

7-61     carrier or third-party administrator to provide administrative

7-62     services to the cooperative;

7-63                 (7)  shall contract with small or large employer

7-64     carriers for the provision of services to small or large employers

7-65     covered through the cooperative;

7-66                 (8)  shall develop and implement a plan to maintain

7-67     public awareness of the cooperative and publicize the eligibility

7-68     requirements for, and the procedures for enrollment in coverage

7-69     through, the cooperative; and

 8-1                 (9)  may negotiate the premiums paid by its members.

 8-2           (b)  A cooperative may contract only with small or large

 8-3     employer carriers who desire to offer coverage through the

 8-4     cooperative and who demonstrate:

 8-5                 (1)  that the carrier is a health carrier or health

 8-6     maintenance organization licensed and in good standing with the

 8-7     department;

 8-8                 (2)  the capacity to administer the health benefit

 8-9     plans;

8-10                 (3)  the ability to monitor and evaluate the quality

8-11     and cost effectiveness of care and applicable procedures;

8-12                 (4)  the ability to conduct utilization management and

8-13     applicable procedures and policies;

8-14                 (5)  the ability to assure enrollees adequate access to

8-15     health care providers, including adequate numbers and types of

8-16     providers;

8-17                 (6)  a satisfactory grievance procedure and the ability

8-18     to respond to enrollees' calls, questions, and complaints; and

8-19                 (7)  financial capacity, either through financial

8-20     solvency standards as applied by the commissioner or through

8-21     appropriate reinsurance or other risk-sharing mechanisms.

8-22           SECTION 1.09.  Articles 26.21(a), (h), (k), and (n),

8-23     Insurance Code, are amended to read as follows:

8-24           (a)  Each small employer carrier shall provide the small

8-25     employer health benefit plans without regard to [claim experience,]

8-26     health status related factors [, or medical history].  Each small

8-27     employer carrier shall issue the plan chosen by the small employer

8-28     to each small employer that elects to be covered under that plan

8-29     and agrees to satisfy the other requirements of the plan.

8-30           (h)  The initial enrollment period for the employees and

8-31     their dependents must be at least 31 days, with a 31-day open

8-32     enrollment period provided annually.  Such enrollment period shall

8-33     consist of an entire calendar month, beginning on the the first day

8-34     of the month and ending on the last day of the month.  If the month

8-35     is February, the period shall last through March 2nd.

8-36           (k)  A late enrollee may be excluded from coverage until the

8-37     next annual open enrollment period and may be subject to a 12-month

8-38     preexisting condition provision as described by Article 26.49 of

8-39     this code.  The period during which a preexisting condition

8-40     provision is imposed may not exceed 18 months from the date of the

8-41     initial application.

8-42           (n)  A small employer health benefit plan may not limit or

8-43     exclude initial coverage of a newborn child of a covered employee.

8-44     Any coverage of a newborn child of an employee under this

8-45     subsection terminates on the 32nd day after the date of the birth

8-46     of the child unless[:]

8-47                 [(1)  dependent children are eligible for coverage; and]

8-48                 [(2)]  notification of the birth and any required

8-49     additional premium are received by the small employer carrier not

8-50     later than the 31st day after the date of birth.

8-51           SECTION 1.10.  Subchapter C, Chapter 26, Insurance Code, is

8-52     amended by adding Article 26.21A to read as follows:

8-53           Art. 26.21A.  COVERAGE FOR ADOPTED CHILDREN.  (a)  A small

8-54     employer health benefit plan may not limit or exclude initial

8-55     coverage of an adopted child of an insured.  A child is considered

8-56     to be the child of an insured if the insured is a party in a suit

8-57     in which the adoption of the child by the insured is sought.

8-58           (b)  The adopted child of an insured may be enrolled, at the

8-59     option of the insured, within either:

8-60                 (1)  31 days after the insured is a party in a suit for

8-61     adoption; or

8-62                 (2)  31 days of the date the adoption is final.

8-63           (c)  Coverage of an adopted child of an employee under this

8-64     article terminates unless notification of the adoption and any

8-65     required additional premiums are received by the small employer

8-66     carrier not later than either:

8-67                 (1)  the 31st day after the insured becomes a party in

8-68     a suit in which the adoption of the child by the insured is sought;

8-69     or

 9-1                 (2)  the 31st day after the date of the adoption.

 9-2           SECTION 1.11.  Articles 26.22(a) and (e), Insurance Code, are

 9-3     amended to read as follows:

 9-4           (a)  A small employer carrier is not required to offer or

 9-5     issue the small employer health benefit plans:

 9-6                 (1)  to a small employer that is not located within a

 9-7     geographic service area of the small employer carrier;

 9-8                 (2)  to an employee of a small employer who neither

 9-9     resides nor works in the geographic service area of the small

9-10     employer carrier; or

9-11                 (3)  to a small employer located within a geographic

9-12     service area with respect to which the small employer carrier

9-13     demonstrates to the satisfaction of the commissioner that:

9-14                       (A)  the small employer carrier reasonably

9-15     anticipates that it will not have the capacity to deliver services

9-16     adequately because of obligations to existing covered individuals;

9-17     and

9-18                       (B)  the small employer carrier is acting

9-19     uniformly without regard to claims experience of the employer or

9-20     any health status related factor of employees or dependents or new

9-21     employees or dependents who may become eligible for the coverage.

9-22           (e)  If the commissioner determines that requiring the

9-23     acceptance of small employers under this subchapter would place a

9-24     small employer carrier in a financially impaired condition and that

9-25     the small employer carrier is acting uniformly without regard to

9-26     the claims experience of the small employer or any health status

9-27     related factors of employees or dependents or new employees or

9-28     dependents who may become eligible for the coverage, the small

9-29     employer carrier shall [is] not offer [required to provide]

9-30     coverage to small employers until the later of:

9-31                 (1)  the 180th day after the date the commissioner

9-32     makes the determination; or

9-33                 (2)  the date the commissioner determines that

9-34     accepting small employers would not place the small employer

9-35     carrier in a financially impaired condition [for a period to be set

9-36     by the commissioner].

9-37           SECTION 1.12. Articles 26.23(a) and (b), Insurance Code, are

9-38     amended to read as follows:

9-39           (a)  Except as provided by Article 26.24 of this code, a

9-40     small employer carrier shall renew the small employer health

9-41     benefit plan for any covered small employer, at the option of the

9-42     small employer, unless[, except for]:

9-43                 (1)  [nonpayment of] a premium has not been paid as

9-44     required by the terms of the plan;

9-45                 (2)  the small employer has committed fraud or

9-46     intentional misrepresentation of a material fact [by the small

9-47     employer]; [or]

9-48                 (3)  the [noncompliance with] small employer has not

9-49     complied with the terms of the health benefit plan;

9-50                 (4)  no enrollee in connection with the plan resides or

9-51     works in the service area of the small employer carrier or in the

9-52     area for which the small employer carrier is authorized to do

9-53     business; or

9-54                 (5)  membership of an employer in an association

9-55     terminates, but only if coverage is terminated uniformly without

9-56     regard to a health status related factor of a covered individual

9-57     [provisions].

9-58           (b)  A small employer carrier may refuse to renew the

9-59     coverage of an eligible employee or dependent for fraud or

9-60     intentional misrepresentation of a material fact by that

9-61     individual.

9-62           SECTION 1.13.  Article 26.24, Insurance Code, is amended by

9-63     amending Subsection (a) and adding Subsection (d) to read as

9-64     follows:

9-65           (a)  A small employer carrier may elect to refuse to renew

9-66     all [each] small employer health benefit plans [plan] delivered or

9-67     issued for delivery by the small employer carrier in this state or

9-68     in a geographic service area approved under Article 26.22 of this

9-69     code.  The small employer carrier shall [must] notify the

 10-1    commissioner of the election not later than the 180th day before

 10-2    the date coverage under the first small employer health benefit

 10-3    plan terminates under this subsection.

 10-4          (d)  A small employer carrier may elect to discontinue a

 10-5    particular type of small employer coverage only if the small

 10-6    employer carrier:

 10-7                (1)  provides notice to each employer of the

 10-8    discontinuation before the 90th day preceding the date of the

 10-9    discontinuation of the coverage;

10-10                (2)  offers to each employer the option to purchase

10-11    other small employer coverage offered by the small employer carrier

10-12    at the time of the discontinuation; and

10-13                (3)  acts uniformly without regard to the claims

10-14    experience of the employer or any health status related factors of

10-15    employees or dependents or new employees or dependents who may

10-16    become eligible for the coverage.

10-17          SECTION 1.14.  Article 26.25, Insurance Code, is amended to

10-18    read as follows:

10-19          Art. 26.25.  NOTICE TO COVERED PERSONS.  (a)  Not later than

10-20    the 30th day before the date on which termination of coverage is

10-21    effective, a small employer carrier that cancels or refuses to

10-22    renew coverage under a small employer health benefit plan under

10-23    Article 26.23 or 26.24 of this code shall notify the small employer

10-24    of the cancellation or refusal to renew.  It is the responsibility

10-25    of the small employer to notify enrollees of the cancellation or

10-26    refusal to renew the coverage.

10-27          (b)  The notice provided to a small employer by a small

10-28    employer carrier under this article is in addition to any other

10-29    notice required by Article 26.23 or 26.24 of this code.

10-30          SECTION 1.15.  Article 26.33, Insurance Code, is amended by

10-31    adding Subsection (d) to read as follows:

10-32          (d)  A small employer carrier may establish premium

10-33    discounts, rebates, or a reduction in otherwise applicable

10-34    copayments or deductibles in return for adherence to programs of

10-35    health promotion and disease prevention.  A discount, rebate, or

10-36    reduction established under this subsection does not violate

10-37    Section 4(8), Article 21.21, of this code.

10-38          SECTION 1.16.  Article 26.40, Insurance Code, is amended to

10-39    read as follows:

10-40          Art. 26.40.  DISCLOSURE.  (a)  In connection with the

10-41    offering for sale of any small employer health benefit plan, each

10-42    small employer carrier and each agent shall make a reasonable

10-43    disclosure, as part of its solicitation and sales materials, of:

10-44                (1)  the extent to which premium rates for a specific

10-45    small employer are established or adjusted based on the actual or

10-46    expected variation in claim costs or the actual or expected

10-47    variation in health status of the employees of the small employer

10-48    and their dependents;

10-49                (2)  provisions concerning the small employer carrier's

10-50    right to change premium rates and the factors other than claim

10-51    experience that affect changes in premium rates;

10-52                (3)  provisions relating to renewability of policies

10-53    and contracts; and

10-54                (4)  any preexisting condition provision.

10-55          (b)  Each small employer carrier shall disclose on request by

10-56    a small employer the benefits and premiums available under all

10-57    small employer coverage for which the employer is qualified.

10-58          (c)  A small employer carrier is not required to disclose any

10-59    information to a small employer that is proprietary or trade secret

10-60    information under applicable law.

10-61          (d)  Information provided under this article to small

10-62    employers must be provided in a manner that is understandable by

10-63    the average small employer and sufficient to reasonably inform

10-64    small employers of their rights and obligations under a small

10-65    employer health benefit plan.

10-66          SECTION 1.17.  Article 26.49, Insurance Code, is amended to

10-67    read as follows:

10-68          Art. 26.49.  PREEXISTING CONDITION PROVISIONS.  (a)  A

10-69    preexisting condition provision in a small employer health benefit

 11-1    plan may not apply to expenses incurred on or after the expiration

 11-2    of the 12 months following the initial effective date of coverage

 11-3    of the enrollee or late enrollee.

 11-4          (b)  A preexisting condition provision in a small employer

 11-5    health benefit plan may not apply to coverage for a disease or

 11-6    condition other than a disease or condition for which medical

 11-7    advice, diagnosis, care, or treatment was recommended or received

 11-8    during the six months before the earlier of:

 11-9                (1)  the effective date of coverage; or

11-10                (2)  the first day of the waiting period.

11-11          (c)  A small employer carrier shall not treat genetic

11-12    information as a preexisting condition described by Subsection (b)

11-13    of this article in the absence of a diagnosis of the condition

11-14    related to the information.

11-15          (d)  A small employer carrier shall not treat a pregnancy as

11-16    a preexisting condition described by Subsection (b) of this

11-17    article.

11-18          (e)  A preexisting condition provision in a small employer

11-19    health benefit plan may not apply to an individual who was

11-20    continuously covered for an aggregate [a minimum] period of 12

11-21    months under creditable coverage [by a health benefit plan] that

11-22    was in effect up to a date not more than 110 [60] days before the

11-23    effective date of coverage under the small employer health benefit

11-24    plan, excluding any waiting period.

11-25          (f)  [(d)]   In determining whether a preexisting condition

11-26    provision applies to an individual covered by a small employer

11-27    health benefit plan, the small employer carrier shall credit the

11-28    time the individual was covered under creditable coverage [a

11-29    previous health benefit plan] if the previous coverage was in

11-30    effect at any time during the 12 months preceding the effective

11-31    date of coverage under a small employer health benefit plan.  If

11-32    the previous coverage was issued under [by] a health benefit plan

11-33    [maintenance organization], any waiting period that applied before

11-34    that coverage became effective also shall be credited against the

11-35    preexisting condition provision period.

11-36          (g)  A health maintenance organization may impose an

11-37    affiliation period if the period is applied uniformly without

11-38    regard to any health status related factor.  The affiliation period

11-39    shall not exceed two months for an enrollee, other than a late

11-40    enrollee, and shall not exceed 90 days for a late enrollee.  An

11-41    affiliation period under a plan shall run concurrently with any

11-42    applicable waiting period under the plan.  The health maintenance

11-43    organization must credit an affiliation period to any preexisting

11-44    condition provision period.  A health maintenance organization may

11-45    use an alternative method approved by the commissioner to address

11-46    adverse selection.

11-47          [(e)  A carrier that does not use a preexisting condition

11-48    provision in any of its health benefit plans may impose an

11-49    affiliation period.  For purposes of this subsection, "affiliation

11-50    period" means a period not to exceed 90 days for new enrollees and

11-51    not to exceed 180 days for late enrollees during which premiums

11-52    are   not  collected  and  the  issued  coverage  is  not

11-53    effective.]

11-54          (h)  This [(f)  Subsection (e) of this]  article does not

11-55    preclude application of any waiting period applicable to all new

11-56    enrollees under the health benefit plan.  [However, any

11-57    carrier-imposed waiting period may not exceed 90 days and must be

11-58    used in lieu of a preexisting condition provision.]

11-59          SECTION 1.18.  The headings to Subchapters C, D, E, F, and G,

11-60    Chapter 26, Insurance Code, are amended to read as follows:

11-61         SUBCHAPTER C.  GUARANTEED ISSUE AND RENEWABILITY OF SMALL

11-62                       EMPLOYER HEALTH BENEFIT PLANS

11-63         SUBCHAPTER D.  UNDERWRITING AND RATING OF SMALL EMPLOYER

11-64                           HEALTH BENEFIT PLANS

11-65            SUBCHAPTER E.  COVERAGE UNDER SMALL EMPLOYER HEALTH

11-66                               BENEFIT PLANS

11-67           SUBCHAPTER F.  REINSURANCE FOR SMALL EMPLOYER HEALTH

11-68                               BENEFIT PLANS

 12-1             SUBCHAPTER G.  MARKETING OF SMALL EMPLOYER HEALTH

 12-2                               BENEFIT PLANS

 12-3             PART 2.  PROVISIONS APPLICABLE TO LARGE EMPLOYERS

 12-4          SECTION 2.01.  Chapter 26, Insurance Code, is amended by

 12-5    adding Subchapter H to read as follows:

 12-6            SUBCHAPTER H.  LARGE EMPLOYER HEALTH BENEFIT PLANS

 12-7          Art. 26.81.   APPLICABILITY.  (a)  An individual or group

 12-8    health benefit plan is subject to this subchapter if the plan

 12-9    provides health care benefits to eligible employees of a large

12-10    employer and if:

12-11                (1)  a portion of the premium or benefits is paid by a

12-12    large employer; or

12-13                (2)  the health benefit plan is treated by the employer

12-14    or by a covered individual as part of a plan or program for the

12-15    purposes of Section 106 or 162, Internal Revenue Code of 1986 (26

12-16    U.S.C. Section 106 or 162).

12-17          (b)  For an employer who was not in existence throughout the

12-18    calendar year preceding the year in which the determination of

12-19    whether the employer is a large employer is made, the determination

12-20    is based on the average number of eligible employees the employer

12-21    reasonably expects to employ on business days in the calendar year

12-22    in which the determination is made.

12-23          (c)  Except as provided by Subsection (a) of this article,

12-24    this subchapter does not apply to an individual health insurance

12-25    policy that is subject to individual underwriting, even if the

12-26    premium is remitted through payroll deduction.

12-27          Art. 26.82.  CERTIFICATION. Not later than March 1 of each

12-28    year, each health carrier shall certify to the commissioner

12-29    whether, as of January 1 of that year, it is offering a health

12-30    benefit plan subject to this subchapter under Article 26.81 of this

12-31    code.

12-32          Art. 26.83.  COVERAGE REQUIREMENTS.  (a)  A large employer

12-33    carrier may refuse to provide coverage to a large employer in

12-34    accordance with the carrier's underwriting standards and criteria.

12-35    However, on issuance of a health benefit plan to a large employer,

12-36    each large employer carrier shall provide coverage to the employees

12-37    who meet the participation criteria established by the large

12-38    employer without regard to an individual's health status related

12-39    factors.  The participation criteria may not be based on health

12-40    status related factors.

12-41          (b)  The large employer carrier shall accept or reject the

12-42    entire group of individuals who meet the participation criteria

12-43    established by the employer and who choose coverage and may exclude

12-44    only those employees or dependents who have declined coverage.  The

12-45    carrier may charge premiums in accordance with Article 26.89 of

12-46    this code to the group of employees or dependents who meet the

12-47    participation criteria established by the employer and who do not

12-48    decline coverage.

12-49          (c)  The large employer carrier shall obtain a written waiver

12-50    for each employee who meets the participation criteria and who

12-51    declines coverage under the health plan offered to a large

12-52    employer.  The waiver must ensure that the employee was not induced

12-53    or pressured into declining coverage because of the employee's

12-54    health status related factors.

12-55          (d)  A large employer carrier may not provide coverage to a

12-56    large employer or the employees of a large employer if the carrier

12-57    or an agent for the carrier knows that the large employer has

12-58    induced or pressured an employee who meets the participation

12-59    criteria or a dependent of the employee to decline coverage because

12-60    of that individual's health status related factors.

12-61          (e)  A large employer carrier may require a large employer to

12-62    meet minimum contribution or participation requirements as a

12-63    condition of issuance and renewal in accordance with the carrier's

12-64    usual and customary practices for all employer health benefit plans

12-65    in this state.  The participation requirements may determine the

12-66    percentage of individuals that must be enrolled in the plan in

12-67    accordance with participation criteria established by the employer.

12-68    Those requirements must be stated in the contract and must be

12-69    applied uniformly to each large employer offered or issued coverage

 13-1    by the large employer carrier in this state.

 13-2          (f)  The initial enrollment period for employees meeting the

 13-3    participation criteria must be at least 31 days, with a 31-day

 13-4    annual open enrollment period.  Such enrollment period shall

 13-5    consist of an entire calendar month, beginning on the first day of

 13-6    the month and ending on the last day of the month.  If the month is

 13-7    February, the period shall last through March 2nd.

 13-8          (g)  If dependent coverage is offered to enrollees under a

 13-9    large employer health benefit plan, the initial enrollment period

13-10    for the dependents must be at least 31 days, with a 31-day annual

13-11    open enrollment period.

13-12          (h)  A large employer may establish a waiting period during

13-13    which a new employee is not eligible for coverage.  The employer

13-14    shall determine the duration of the waiting period.

13-15          (i)  A new employee who meets the participation criteria of a

13-16    covered large employer may not be denied coverage if the

13-17    application for coverage is received by the large employer not

13-18    later than the 31st day after the later of:

13-19                (1)  the date on which the employment begins; or

13-20                (2)  the date on which the waiting period established

13-21    under Subsection (h) of this article expires.

13-22          (j)  If dependent coverage is offered to the enrollees under

13-23    a large employer health benefit plan, a dependent of a new employee

13-24    who meets the participation criteria established by the large

13-25    employer may not be denied coverage if the application for coverage

13-26    is received by the large employer not later than the 31st day after

13-27    the later of:

13-28                (1)  the date on which the employment begins;

13-29                (2)  the date on which the waiting period established

13-30    under Subsection (h) of this article expires; or

13-31                (3)  the date on which the dependent becomes eligible

13-32    for enrollment.

13-33          (k)  A late enrollee may be excluded from coverage until the

13-34    next annual open enrollment period and may be subject to a 12-month

13-35    preexisting condition provision as described by Article 26.90 of

13-36    this code.  The period during which a preexisting condition

13-37    provision applies may not exceed 18 months from the date of the

13-38    initial application.

13-39          (l)  A large employer carrier may not exclude any employee

13-40    who meets the participation criteria or an eligible dependent,

13-41    including a late enrollee, who would otherwise be covered under a

13-42    large employer group.

13-43          (m)  A large employer health benefit plan may not, by use of

13-44    a rider or amendment applicable to a specific individual, limit or

13-45    exclude coverage by type of illness, treatment, medical condition,

13-46    or accident, except for a preexisting condition permitted under

13-47    Article 26.90 of this code.

13-48          Art. 26.84.  DEPENDENT CHILDREN.  (a)  A large employer

13-49    health benefit plan may not limit or exclude initial coverage of a

13-50    newborn child of a covered employee.  Any coverage of a newborn

13-51    child of a covered employee under this subsection terminates on the

13-52    32nd day after the date of the birth of the child unless:

13-53                (1)  dependent children are eligible for coverage under

13-54    the large employer health benefit plan; and

13-55                (2)  notification of the birth and any required

13-56    additional premium are received by the large employer carrier not

13-57    later than the 31st day after the date of birth.

13-58          (b)  If dependent children are eligible for coverage under

13-59    the large employer health benefit plan, a large employer health

13-60    benefit plan may not limit or exclude initial coverage of an

13-61    adopted child of an insured.  A child is considered to be the child

13-62    of an insured if the insured is a party in a suit in which the

13-63    adoption of the child by the insured is sought.

13-64          (c)  If dependent children are eligible for coverage under

13-65    the large employer health benefit plan an adopted child of an

13-66    insured may be enrolled, at the option of the insured, within

13-67    either:

13-68                (1)  31 days after the insured is a party in a suit for

13-69    adoption; or

 14-1                (2)  31 days of the date the adoption is final.

 14-2          (d)  Coverage of an adopted child of an employee under this

 14-3    article terminates unless notification of the adoption and any

 14-4    required additional premiums are received by the large employer

 14-5    carrier not later than either:

 14-6                (1)  the 31st day after the insured becomes a party in

 14-7    a suit in which the adoption of the child by the insured is sought;

 14-8    or

 14-9                (2)  the 31st day after the date of the adoption.

14-10          Art. 26.85.  GEOGRAPHIC SERVICE AREA.  (a)  A large employer

14-11    carrier is not required to offer or issue the large employer health

14-12    benefit plans to:

14-13                (1)  a large employer that is not located within a

14-14    geographic service area of the large employer carrier;

14-15                (2)  an employee of a large employer who neither

14-16    resides nor works in the geographic service area of the large

14-17    employer carrier; or

14-18                (3)  a large employer located within a geographic

14-19    service area with respect to which the large employer carrier

14-20    demonstrates to the satisfaction of the commissioner that the large

14-21    employer carrier:

14-22                      (A)  reasonably anticipates that it will not have

14-23    the capacity to deliver services adequately because of obligations

14-24    to existing covered individuals; and

14-25                      (B)  is acting uniformly without regard to the

14-26    claims experience of the large employer or any health status

14-27    related factor of employees or dependents or new employees or

14-28    dependents who may become eligible for the coverage.

14-29          (b)  A large employer carrier that is unable to offer

14-30    coverage in a geographic service area in accordance with a

14-31    determination made by the commissioner under Subsection (a)(3) of

14-32    this article may not offer large employer benefit plans in the

14-33    applicable service area before the 180th day after the later of:

14-34                (1)  the date of the refusal; or

14-35                (2)  the date the carrier demonstrates to the

14-36    satisfaction of the commissioner that it has regained the capacity

14-37    to deliver services to large employers in the geographic service

14-38    area.

14-39          (c)  If the commissioner determines that requiring the

14-40    acceptance of large employers under this subchapter would place a

14-41    large employer carrier in a financially impaired condition and that

14-42    the large employer carrier is acting uniformly without regard to

14-43    claims experience of the large employer or any health status

14-44    related factors of employees or dependents or new employees or

14-45    dependents who may become eligible for the coverage, the large

14-46    employer carrier may not offer coverage to large employers until

14-47    the later of:

14-48                (1)  the 180th day after the date the commissioner

14-49    makes the determination; or

14-50                (2)  the date the commissioner determines that

14-51    accepting large employers would not place the large employer

14-52    carrier in a financially impaired condition.

14-53          (d)  A large employer carrier must file each of its

14-54    geographic service areas with the commissioner.  The commissioner

14-55    may disapprove the use of a geographic service area by a large

14-56    employer carrier.

14-57          Art. 26.86.  RENEWABILITY OF COVERAGE; CANCELLATION.

14-58    (a)  Except as provided by Article 26.87 of this code, a large

14-59    employer carrier shall renew the large employer health benefit

14-60    plans for a covered large employer, at the option of the large

14-61    employer, unless:

14-62                (1)  a premium has not been paid as required by the

14-63    terms of the plan;

14-64                (2)  the large employer has committed fraud or

14-65    intentional misrepresentation of a material fact;

14-66                (3)  the large employer has not complied with the terms

14-67    of the health benefit plan;

14-68                (4)  no enrollee in connection with the plan resides or

14-69    works in the service area of the large employer carrier or in the

 15-1    area for which the large employer carrier is authorized to do

 15-2    business; or

 15-3                (5)  membership of an employer in an association

 15-4    terminates, but only if coverage is terminated uniformly without

 15-5    regard to a health status related factor of a covered individual.

 15-6          (b)  A large employer carrier may refuse to renew the

 15-7    coverage of an eligible employee or dependent for fraud or

 15-8    intentional misrepresentation of a material fact by that

 15-9    individual.

15-10          (c)  A large employer carrier may not cancel a large employer

15-11    health benefit plan except for the reasons specified for refusal to

15-12    renew under Subsection (a) of this article.  A large employer

15-13    carrier may not cancel the coverage of an eligible employee or

15-14    dependent except for the reasons specified for refusal to renew

15-15    under Subsection (b) of this article.

15-16          Art. 26.87.  REFUSAL TO RENEW.  (a)  A large employer carrier

15-17    may elect to refuse to renew all large employer health benefit

15-18    plans delivered or issued for delivery by the large employer

15-19    carrier in this state or in a geographic service area approved

15-20    under Article 26.85 of this code.  The large employer carrier shall

15-21    notify the commissioner of the election not later than the 180th

15-22    day before the date coverage under the first large employer health

15-23    benefit plan terminates under this subsection.

15-24          (b)  The large employer carrier shall notify each affected

15-25    covered large employer not later than the 180th day before the date

15-26    on which coverage terminates for that large employer.

15-27          (c)  A large employer carrier that elects under Subsection

15-28    (a) of this article to refuse to renew all large employer health

15-29    benefit plans in this state or in an approved geographic service

15-30    area may not write a new large employer health benefit plan in this

15-31    state or in the geographic service are, as applicable, before the

15-32    fifty anniversary of the date on which notice is delivered to the

15-33    commissioner under Subsection (a) of this article.

15-34          (d)  A large employer carrier may elect to discontinue a

15-35    particular type of large employer coverage only if the large

15-36    employer carrier:

15-37                (1)  provides notice to each employer of the

15-38    discontinuation before the 90th day preceding the date of the

15-39    discontinuation of the coverage;

15-40                (2)  offers to each employer the option to purchase

15-41    other large employer coverage offered by the large employer carrier

15-42    at the time of the discontinuation; and

15-43                (3)  acts uniformly without regard to the claims

15-44    experience of the employer or any health status related factors of

15-45    employees or dependents or new employees or dependents who may

15-46    become eligible for the coverage.

15-47          Art. 26.88.  NOTICE TO COVERED PERSONS.  (a)  Not later than

15-48    the 30th day before the date on which termination of coverage is

15-49    effective, a large employer carrier that cancels or refuses to

15-50    renew coverage under a large employer health benefit plan under

15-51    Article 26.86 or 26.87 of this code shall notify the large employer

15-52    of the cancellation or refusal to renew.  It is the responsibility

15-53    of the large employer to notify enrollees of the cancellation or

15-54    refusal to renew the coverage.

15-55          (b)  The notice provided to a large employer by a large

15-56    employer carrier under this article is in addition to any other

15-57    notice required by Article 26.86 or 26.87 of this code.

15-58          Art. 26.89.  PREMIUM RATES; ADJUSTMENTS.  (a)  A large

15-59    employer carrier may not charge an adjustment to premium rates for

15-60    individual employees or dependents for health status related

15-61    factors or duration of coverage.  Any adjustment must be applied

15-62    uniformly to the rates charged for all employees and dependents of

15-63    employees of the large employer.  This subsection does not restrict

15-64    the  amount  that  a  large  employer  may  be charged  for

15-65    coverage.

15-66          (b)  A large employer carrier may establish premium

15-67    discounts, rebates, or a reduction in otherwise applicable

15-68    copayments or deductibles in return for adherence to programs of

15-69    health promotion and disease prevention.  A discount, rebate, or

 16-1    reduction established under this subsection does not violate

 16-2    Section 4(8), Article 21.21, of this code.

 16-3          Art. 26.90.  PREEXISTING CONDITION PROVISIONS.  (a)  A

 16-4    preexisting condition provision in a large employer health benefit

 16-5    plan may not apply to an expense incurred on or after the

 16-6    expiration of the 12 months following the initial effective date of

 16-7    coverage of the enrollee or late enrollee.

 16-8          (b)  A preexisting condition provision in a large employer

 16-9    health benefit plan may not apply to coverage for a disease or

16-10    condition other than a disease or condition for which medical

16-11    advice, diagnosis, care, or treatment was recommended or received

16-12    during the six months before the earlier of:

16-13                (1)  the effective date of coverage; or

16-14                (2)  the first day of the waiting period.

16-15          (c)  A large employer carrier shall not treat genetic

16-16    information as a preexisting condition described by Subsection (b)

16-17    of this article in the absence of a diagnosis of the condition

16-18    related to the information.

16-19          (d)  A large employer carrier shall not treat a pregnancy as

16-20    a preexisting condition described by Subsection (b) of this

16-21    article.

16-22          (e)  A preexisting condition provision in a large employer

16-23    health benefit plan shall not apply to an individual who was

16-24    continuously covered for an aggregate period of 12 months under

16-25    creditable coverage that was in effect up to a date not more than

16-26    63 days before the effective day of coverage under the large

16-27    employer health benefit plan, excluding any waiting period.

16-28          (f)  In determining whether a preexisting condition provision

16-29    applies to an individual covered by a large employer health benefit

16-30    plan, the large employer carrier shall credit the time the

16-31    individual was covered under creditable coverage if the previous

16-32    coverage was in effect at any time during the 12 months preceding

16-33    the effective date of coverage under a large employer health

16-34    benefit plan.  If the previous coverage was issued under a health

16-35    benefit plan, any waiting period shall also be credited to the

16-36    preexisting condition provision period.

16-37          (g)  A health maintenance organization may impose an

16-38    affiliation period if the period is applied uniformly without

16-39    regard to any health status related factor.  The affiliation period

16-40    shall not exceed two months for an enrollee, other than a late

16-41    enrollee, and shall not exceed 90 days for a late enrollee.  An

16-42    affiliation period under a plan shall run concurrently with any

16-43    applicable waiting period under the plan.  The health maintenance

16-44    organization must credit an affiliation period to any preexisting

16-45    condition provision period.  A health maintenance organization may

16-46    use an alternative method approved by the commissioner to address

16-47    adverse selection.

16-48          (h)  This article does not preclude application of any

16-49    waiting period applicable to all new enrollees under the health

16-50    benefit plan.

16-51          Art. 26.91.  FAIR MARKETING.  (a)  On request, each large

16-52    employer purchasing health benefit plans shall be given a summary

16-53    of all plans for which the employer is eligible.

16-54          (b)  The department may require periodic reports by large

16-55    employer carriers and agents regarding the large employer health

16-56    benefit plans issued by those carriers.  The reporting requirements

16-57    must require information regarding the number of large employer

16-58    health benefit plans in various categories that are marketed or

16-59    issued to large employers and must comply with federal law and

16-60    regulations.

16-61          Art. 26.92.  HEALTH STATUS AND CLAIMS EXPERIENCE; PROHIBITED

16-62    ACTS.  A large employer carrier or agent may not encourage a large

16-63    employer to exclude an employee, meeting the participation

16-64    criteria, from health coverage provided in connection with the

16-65    employee's employment.

16-66          Art. 26.93.  AGENTS.  A large employer carrier may not

16-67    terminate, fail to renew, or limit its contract or agreement of

16-68    representation with an agent because of any health status related

16-69    factors of a large employer group placed by the agent with the

 17-1    carrier.

 17-2          Art. 26.94.  WRITTEN STATEMENT OF DENIAL, CANCELLATION, OR

 17-3    REFUSAL TO RENEW.  Denial by a large employer carrier of an

 17-4    application for coverage from a large employer carrier or

 17-5    cancellation or refusal to renew must be in writing and must state

 17-6    the reason or reasons for the denial, cancellation, or refusal.

 17-7          Art. 26.95.  THIRD-PARTY ADMINISTRATOR.  If a large employer

 17-8    carrier enters into an agreement with a third-party administrator

 17-9    to provide administrative, marketing, or other services related to

17-10    the offering of large employer health benefit plans to large

17-11    employers in this state, the third-party administrator is subject

17-12    to this subchapter.

17-13                    PART 3.  CERTIFICATION OF COVERAGE

17-14          SECTION 3.01.  Subchapter E, Chapter 21, Insurance Code, is

17-15    amended by adding Article 21.52G to read as follows:

17-16          Art. 21.52G.  CERTIFICATION AND DISCLOSURE OF COVERAGE UNDER

17-17    HEALTH BENEFIT PLAN

17-18          Sec. 1.  DEFINITIONS.  In this article:

17-19                (1)  "Creditable coverage" means creditable coverage

17-20    described by Section 3 of this article.

17-21                (2)  "Health benefit plan" means a plan subject to this

17-22    article under Section 2 of this article.

17-23          Sec. 2.  HEALTH BENEFIT PLAN.  This article applies to a

17-24    health benefit plan that:

17-25                (1)  provides benefits for medical or surgical expenses

17-26    incurred as a result of a health condition, accident, or sickness,

17-27    including:

17-28                      (A)  an individual, group, blanket, or franchise

17-29    insurance policy or insurance agreement, a group hospital service

17-30    contract, or an individual or group evidence of coverage that is

17-31    offered by:

17-32                            (i)  an insurance company;

17-33                            (ii)  a group hospital service corporation

17-34    operating under Chapter 20 of this code;

17-35                            (iii)  a fraternal benefit society

17-36    operating under Chapter 10 of this code;

17-37                            (iv)  a stipulated premium insurance

17-38    company operating under Chapter 22 of this code; or

17-39                            (v)  a health maintenance organization

17-40    operating under the Texas Health Maintenance Organization Act

17-41    (Chapter 20A, Vernon's Texas Insurance Code); or

17-42                      (B)  to the extent permitted by the Employee

17-43    Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et

17-44    seq.), a health benefit plan that is offered by:

17-45                            (i)  a multiple employer welfare

17-46    arrangement as defined by Section 3, Employee Retirement Income

17-47    Security Act of 1974 (29 U.S.C. Section 1002), and operating under

17-48    Article 3.95-1 et seq. of this code; or

17-49                            (ii)  another analogous benefit

17-50    arrangement;

17-51                (2)  is offered by an approved nonprofit health

17-52    corporation that is certified under Section 5.01(a), Medical

17-53    Practice Act (Article 4495b, Vernon's Texas Civil Statutes), and

17-54    that holds a certificate of authority issued by the commissioner

17-55    under Article 21.52F of this code; or

17-56                (3)  is offered by any other entity not licensed under

17-57    this code or another insurance law of this state that contracts

17-58    directly for health care services on a risk-sharing basis,

17-59    including an entity that contracts for health care services on a

17-60    capitation basis.

17-61          Sec. 3.  CREDITABLE COVERAGE.  (a)  An individual's coverage

17-62    is creditable for purposes of this article if the coverage is

17-63    provided under:

17-64                (1)  a self-funded or self-insured employee welfare

17-65    benefit plan that provides health benefits and that is established

17-66    in accordance with the Employee Retirement Income Security Act of

17-67    1974 (29 U.S.C. Section 1001 et seq.);

17-68                (2)  a group health benefit plan provided by a health

17-69    insurance carrier or health maintenance organization;

 18-1                (3)  an individual health insurance policy or evidence

 18-2    of coverage;

 18-3                (4)  Part A or Part B of Title XVIII of the Social

 18-4    Security Act (42 U.S.C. Section 1395c et seq.);

 18-5                (5)  Title XIX of the Social Security Act (42 U.S.C.

 18-6    Section 1396 et seq.), other than coverage consisting solely of

 18-7    benefits under Section 1928 of that Act (42 U.S.C. Section 1396s);

 18-8                (6)  Chapter 55, Title 10, United States Code (10

 18-9    U.S.C. Section 1071 et seq.);

18-10                (7)  a medical care program of the Indian Health

18-11    Service or of a tribal organization;

18-12                (8)  a state health benefits risk pool;

18-13                (9)  a health plan offered under Chapter 89, Title 5,

18-14    United States Code (5 U.S.C. Section 8901 et seq.);

18-15                (10)  a public health plan as defined by federal

18-16    regulations; or

18-17                (11)  a health benefit plan under Section 5(e), Peace

18-18    Corps Act (22 U.S.C. Section 2504(e)).

18-19          (b)  Creditable coverage does not include:

18-20                (1)  accident-only or disability income insurance, or a

18-21    combination of accident-only and disability income insurance;

18-22                (2)  coverage issued as a supplement to liability

18-23    insurance;

18-24                (3)  liability insurance, including general liability

18-25    insurance and automobile liability insurance;

18-26                (4)  workers' compensation or similar insurance;

18-27                (5)  automobile medical payment insurance;

18-28                (6)  credit-only insurance;

18-29                (7)  coverage for on-site medical clinics;

18-30                (8)  other coverage that is:

18-31                      (A)  similar to the coverage described in this

18-32    subsection under which benefits for medical care are secondary or

18-33    incidental to other insurance benefits; and

18-34                      (B)  specified in federal regulations;

18-35                (9)  coverage that provides limited-scope dental or

18-36    vision benefits;

18-37                (10)  long-term care coverage or benefits, nursing home

18-38    care coverage or benefits, home health care coverage or benefits,

18-39    community-based care coverage or benefits, or any combination of

18-40    those coverages or benefits;

18-41                (11)  coverage that provides other limited benefits

18-42    specified by federal regulations;

18-43                (12)  coverage for a specified disease or illness;

18-44                (13)  hospital indemnity or other fixed indemnity

18-45    insurance; or

18-46                (14)  Medicare supplemental health insurance as defined

18-47    under Section 1882(g)(1), Social Security Act (42 U.S.C. Section

18-48    1395ss), coverage supplemental to the coverage provided under

18-49    Chapter 55, Title 10, United States Code (10 U.S.C. Section 1071 et

18-50    seq.), and similar supplemental coverage provided under a group

18-51    plan.

18-52          Sec. 4.  CERTIFICATION OF COVERAGE.  Each issuer of a health

18-53    benefit plan shall provide a certification of coverage, in

18-54    accordance with the standards the commissioner adopts by rule, as

18-55    necessary to determine the period of applicable creditable coverage

18-56    of health benefit plans.

18-57          Sec. 5.  RULES.  The commissioner shall adopt rules as

18-58    necessary to implement this article and related provisions of this

18-59    code and to meet the minimum requirements of federal law and

18-60    regulations.

18-61              PART 4.  MULTIPLE EMPLOYER WELFARE ARRANGEMENTS

18-62          SECTION 4.01.  Article 3.95-1, Insurance Code, is amended to

18-63    read as follows:

18-64          Art. 3.95-1.  DEFINITIONS.  In this subchapter:

18-65                (1)  "Board" means the Texas Department [State Board]

18-66    of Insurance or the commissioner, as appropriate.

18-67                (2)  "Commissioner" means the commissioner of

18-68    insurance.

18-69                (3)  "Creditable coverage" means coverage described by

 19-1    Article 3.95-1.5 of this code.

 19-2                (4)  "Employee welfare benefit plan" has the meaning

 19-3    assigned by Section 3(1) of the Employee Retirement Income Security

 19-4    Act of 1974 (29 U.S.C. Section 1002(1)).

 19-5                (5) [(4)]  "Fully insured multiple employer welfare

 19-6    arrangement" means a multiple employer welfare arrangement that

 19-7    provides benefits to its participating employees and beneficiaries

 19-8    for which 100 percent of the liability has been assumed by an

 19-9    insurance company authorized to do business in this state.

19-10                (6)  "Health benefit plan" means a health benefit plan

19-11    described by Article 3.95-1.6 of this code.

19-12                (7)  "Health status related factor" means:

19-13                      (A)  health status;

19-14                      (B)  medical condition, including both physical

19-15    and mental illness;

19-16                      (C)  claims experience;

19-17                      (D)  receipt of health care;

19-18                      (E)  medical history;

19-19                      (F)  genetic information;

19-20                      (G)  evidence of insurability, including

19-21    conditions arising out of acts of family violence; and

19-22                      (H)  disability.

19-23                (8)  "Late-participating employee" means an employee

19-24    described by Article 3.95-1.7 of this code.

19-25                (9) [(5)]  "Multiple employer welfare arrangement" has

19-26    the meaning assigned by Section 3(40) of the Employee Retirement

19-27    Income Security Act of 1974 (29 U.S.C. Section 1002(40)) to

19-28    describe an entity which meets either or both of the following

19-29    criteria:

19-30                      (A)  one or more of the employer members in the

19-31    multiple employer welfare arrangement is either domiciled in this

19-32    state or has its principal headquarters or principal administrative

19-33    office in this state; or

19-34                      (B)  the multiple employer welfare arrangement

19-35    solicits an employer that is domiciled in this state or has its

19-36    principal headquarters or principal administrative office in this

19-37    state.

19-38                (10)  "Participation criteria" means any criteria or

19-39    rules established by a large employer to determine the employees

19-40    who are eligible for enrollment, including continued enrollment,

19-41    under the terms of a health benefit plan.  Such criteria or rules

19-42    may not be based on health status related factors.

19-43                (11)  "Preexisting condition provision" means a

19-44    provision that denies, excludes, or limits coverage for a disease

19-45    or condition for a specified period after the effective date of

19-46    coverage.

19-47                (12)  "Waiting period" means a period established by a

19-48    multiple employer welfare arrangement that must pass before an

19-49    individual who is a potential participating employee in a health

19-50    benefit plan is eligible to be covered for benefits.

19-51          SECTION 4.02.  Subchapter I, Chapter 3, Insurance Code, is

19-52    amended by adding Articles 3.95-1.5, 3.95-1.6, and 3.95-1.7 to read

19-53    as follows:

19-54          Art. 3.95-1.5.  CREDITABLE COVERAGE.  (a)  An individual's

19-55    coverage is creditable for purposes of this subchapter if the

19-56    coverage is provided under:

19-57                (1)  a self-funded or self-insured employee welfare

19-58    benefit plan that provides health benefits and that is established

19-59    in accordance with the Employee Retirement Income Security Act of

19-60    1974 (29 U.S.C. Section 1001 et seq.);

19-61                (2)  a group health benefit plan provided by a health

19-62    insurance carrier or health maintenance organization;

19-63                (3)  an individual health insurance policy or evidence

19-64    of coverage;

19-65                (4)  Part A or Part B of Title XVIII of the Social

19-66    Security Act (42 U.S.C. Section 1395c et seq.);

19-67                (5)  Title XIX of the Social Security Act (42 U.S.C.

19-68    Section 1396 et seq.), other than coverage consisting solely of

19-69    benefits under Section 1928 of that Act (42 U.S.C. Section 1396s);

 20-1                (6)  Chapter 55, Title 10, United States Code (10

 20-2    U.S.C. Section 1071 et seq.);

 20-3                (7)  a medical care program of the Indian Health

 20-4    Service or of a tribal organization;

 20-5                (8)  a state health benefits risk pool;

 20-6                (9)  a health plan offered under Chapter 89, Title 5,

 20-7    United States Code (5 U.S.C. Section 8901 et seq.);

 20-8                (10)  a public health plan as defined by federal

 20-9    regulations; or

20-10                (11)  a health benefit plan under Section 5(e), Peace

20-11    Corps Act (22 U.S.C. Section 2504(e)).

20-12          (b)  Creditable coverage does not include:

20-13                (1)  accident-only or disability income insurance, or a

20-14    combination of accident-only and disability income insurance;

20-15                (2)  coverage issued as a supplement to liability

20-16    insurance;

20-17                (3)  liability insurance, including general liability

20-18    insurance and automobile liability insurance;

20-19                (4)  workers' compensation or similar insurance;

20-20                (5)  automobile medical payment insurance;

20-21                (6)  credit-only insurance;

20-22                (7)  coverage for on-site medical clinics;

20-23                (8)  other coverage that is:

20-24                      (A)  similar to the coverage described by this

20-25    subsection under which benefits for medical care are secondary or

20-26    incidental to other insurance benefits; and

20-27                      (B)  specified in federal regulations;

20-28                (9)  coverage that provides limited-scope dental or

20-29    vision benefits;

20-30                (10)  long-term care coverage or benefits, nursing home

20-31    care coverage or benefits, home health care coverage or benefits,

20-32    community-based care coverage or benefits, or any combination of

20-33    those coverages or benefits;

20-34                (11)  coverage that provides other limited benefits

20-35    specified by federal regulations;

20-36                (12)  coverage for a specified disease or illness;

20-37                (13)  hospital indemnity or other fixed indemnity

20-38    insurance; or

20-39                (14)  Medicare supplemental health insurance as defined

20-40    under Section 1882(g)(1), Social Security Act (42 U.S.C. Section

20-41    1395ss), coverage supplemental to the coverage provided under

20-42    Chapter 55, Title 10, United States Code (10 U.S.C. Section 1071 et

20-43    seq.), and similar supplemental coverage provided under a group

20-44    plan.

20-45          Art. 3.95-1.6.  HEALTH BENEFIT PLAN.  (a)  For purposes of

20-46    this subchapter, the term "health benefit plan" includes any plan

20-47    that provides benefits for health care services.

20-48          (b)  A health benefit plan does not include:

20-49                (1)  accident-only or disability income insurance or a

20-50    combination of accident-only and disability income insurance;

20-51                (2)  credit-only insurance;

20-52                (3)  disability insurance;

20-53                (4)  coverage for a specified disease or illness;

20-54                (5)  Medicare services under a federal contract;

20-55                (6)  Medicare supplement and Medicare Select policies

20-56    regulated in accordance with federal law;

20-57                (7)  long-term care coverage or benefits, nursing home

20-58    care coverage or benefits, home health care coverage or benefits,

20-59    community-based care coverage or benefits, or any combination of

20-60    those coverages or benefits;

20-61                (8)  coverage that provides limited-scope dental or

20-62    vision benefits;

20-63                (9)  coverage provided by a single service health

20-64    maintenance organization;

20-65                (10)  coverage issued as a supplement to liability

20-66    insurance;

20-67                (11)  workers' compensation or similar insurance;

20-68                (12)  automobile medical payment insurance coverage;

20-69                (13)  jointly managed trusts authorized under 29 U.S.C.

 21-1    Section 141 et seq. that contain a plan of benefits for employees

 21-2    that is negotiated in a collective bargaining agreement governing

 21-3    wages, hours, and working conditions of the employees that is

 21-4    authorized under 29 U.S.C. Section 157;

 21-5                (14)  hospital indemnity or other fixed indemnity

 21-6    insurance;

 21-7                (15)  reinsurance contracts issued on a stop-loss,

 21-8    quota-share, or similar basis;

 21-9                (16)  short-term major medical contracts;

21-10                (17)  liability insurance, including general liability

21-11    insurance and automobile liability insurance;

21-12                (18)  other insurance coverage that is:

21-13                      (A)  similar to the coverage described by this

21-14    subsection under which benefits for medical care are secondary or

21-15    incidental to other insurance benefits; and

21-16                      (B)  specified in federal regulations;

21-17                (19)  coverage for on-site medical clinics; or

21-18                (20)  coverage that provides other limited benefits

21-19    specified by federal regulations.

21-20          Art. 3.95-1.7.  LATE-PARTICIPATING EMPLOYEE.  (a)  An

21-21    individual is a late-participating employee if the individual:

21-22                (1)  is an employee or dependent eligible for

21-23    enrollment; and

21-24                (2)  requests enrollment in a participating employer's

21-25    health benefit plan after the expiration of the initial enrollment

21-26    period established under the terms of the first plan for which that

21-27    employee or dependent was eligible through the participating

21-28    employer and after the expiration of an open enrollment period

21-29    under Article 3.95-4.1 of this code.

21-30          (b)  An individual is not a late-participating employee if:

21-31                (1)  the individual:

21-32                      (A)  was covered under another health benefit

21-33    plan or self-funded employer health benefit plan at the time the

21-34    individual was eligible to enroll;

21-35                      (B)  declines in writing, at the time of the

21-36    initial eligibility, stating that coverage under another health

21-37    benefit plan or self-funded employer health benefit plan was the

21-38    reason for declining enrollment;

21-39                      (C)  has lost coverage under another health

21-40    benefit plan or self-funded employer health benefit plan as a

21-41    result of:

21-42                            (i)  the termination of employment;

21-43                            (ii)  the reduction in the number of hours

21-44    of employment;

21-45                            (iii)  the termination of the other plan's

21-46    coverage;

21-47                            (iv)  the termination of contributions

21-48    toward the premium made by the employer; or

21-49                            (v)  the death of a spouse or divorce; and

21-50                      (D)  requests enrollment not later than the 31st

21-51    day after the date on which coverage under the other health benefit

21-52    plan or self-funded employer health benefit plan terminates;

21-53                (2)  the individual is employed by an employer who

21-54    offers multiple health benefit plans and the individual elects a

21-55    different health benefit plan during an open enrollment period;

21-56                (3)  a court has ordered coverage to be provided for a

21-57    spouse under a covered employee's plan and request for enrollment

21-58    is made not later than the 31st day after the date the court order

21-59    is issued; or

21-60                (4)  a court has ordered coverage to be provided for a

21-61    child under a covered employee's plan and the request for

21-62    enrollment is made not later than the 31st day after the date the

21-63    employer receives the court order.

21-64          SECTION 4.03.  Subchapter I, Chapter 3, Insurance Code, is

21-65    amended by adding Article 3.95-4.1 through 3.95-4.10 to read as

21-66    follows:

21-67          Art. 3.95-4.1.  COVERAGE REQUIREMENTS.  (a)  A multiple

21-68    employer welfare arrangement may refuse to provide coverage to an

21-69    employer in accordance with the multiple employer welfare

 22-1    arrangement's underwriting standards and criteria.  However, on

 22-2    issuance of coverage to an employer, each multiple employer welfare

 22-3    arrangement shall provide coverage to the employees who meet the

 22-4    participation criteria established by the terms of the plan

 22-5    document without regard to an individual's health status related

 22-6    factors.  The participation criteria may not be based on health

 22-7    status related factors.

 22-8          (b)  The multiple employer welfare arrangement shall accept

 22-9    or reject the entire group of individuals who meet the

22-10    participation criteria and who choose coverage and may exclude only

22-11    those employees or dependents who have declined coverage.  The

22-12    multiple employer welfare arrangement may charge premiums in

22-13    accordance with Article 3.95-4.6 of this code to the group of

22-14    employees or dependents who meet the participation criteria and who

22-15    do not decline coverage.

22-16          (c)  The multiple employer welfare arrangement shall obtain a

22-17    written waiver for each employee who meets the participation

22-18    criteria and who declines coverage under a health plan offered to

22-19    an employer.  The waiver must ensure that the employee was not

22-20    induced or pressured into declining coverage because of the

22-21    employee's health status related factors.

22-22          (d)  A multiple employer welfare arrangement may not provide

22-23    coverage to an employer or the employees of an employer if the

22-24    multiple employer welfare arrangement or an agent for the multiple

22-25    employer welfare arrangement knows that the employer has induced or

22-26    pressured an employee who meets the participation criteria or a

22-27    dependent of the employee to decline coverage because of that

22-28    individual's health status related factors.

22-29          (e)  A multiple employer welfare arrangement may require an

22-30    employer to meet minimum contribution or participation requirements

22-31    as a condition of issuance and renewal in accordance with the terms

22-32    of the multiple employer welfare arrangement's plan document.

22-33    Those requirements shall be stated in the plan document and shall

22-34    be applied uniformly to each employer offered or issued coverage by

22-35    the multiple employer welfare arrangement in this state.

22-36          (f)  The initial enrollment period for employees meeting the

22-37    participation criteria must be at least 31 days, with a 31-day

22-38    annual open enrollment period.  Such enrollment period shall

22-39    consist of an entire calendar month, beginning on the first day of

22-40    the month and ending on the last day of the month.  If the month is

22-41    February, the period shall last through March 2nd.

22-42          (g)  If dependent coverage is offered to participating

22-43    employees under the terms of a multiple employer welfare

22-44    arrangement's plan document, the initial enrollment period for the

22-45    dependents must be at least 31 days, with a 31-day annual open

22-46    enrollment period.

22-47          (h)  A multiple employer welfare arrangement may establish a

22-48    waiting period during which a new employee is not eligible for

22-49    coverage in accordance with the terms of the plan document.

22-50          (i)  A new employee who meets the participation criteria may

22-51    not be denied coverage if the application for coverage is received

22-52    by the multiple employer welfare arrangement not later than the

22-53    31st day after the later of:

22-54                (1)  the date on which the employment begins; or

22-55                (2)  the date on which the waiting period established

22-56    under this article expires.

22-57          (j)  If dependent coverage is offered under the terms of a

22-58    multiple employer welfare arrangement's plan document, a dependent

22-59    of a new employee meeting the participation criteria established by

22-60    the multiple employer welfare arrangement may not be denied

22-61    coverage if the application for coverage is received by the

22-62    multiple employer welfare arrangement not later than the 31st day

22-63    after the later of:

22-64                (1)  the date on which the employment begins;

22-65                (2)  the date on which the waiting period established

22-66    under this article expires; or

22-67                (3)  the date on which the dependent becomes eligible

22-68    for enrollment.

22-69          (k)  A late-participating employee may be excluded from

 23-1    coverage until the next annual open enrollment period and may be

 23-2    subject to a 12-month preexisting condition provision as described

 23-3    by Article 3.95-4.8 of this code.  The period during which a

 23-4    preexisting condition provision applies may not exceed 18 months

 23-5    from the date of the initial application.

 23-6          (l)  A multiple employer welfare arrangement may not exclude

 23-7    an employee who meets the participation criteria or an eligible

 23-8    dependent, including a late-participating employee, who would

 23-9    otherwise be covered.

23-10          (m)  A multiple employer welfare arrangement's plan document

23-11    may not, by use of a rider or amendment applicable to a specific

23-12    individual, limit or exclude coverage by type of illness,

23-13    treatment, medical condition, or accident, except for preexisting

23-14    conditions as permitted under Article 3.95-4.8 of this code.

23-15          Art. 3.95-4.2.  DEPENDENT CHILDREN.  (a)  A multiple employer

23-16    welfare arrangement's plan document may not limit or exclude

23-17    initial coverage of a newborn child of a participating employee.

23-18    Any coverage of a newborn child of a participating employee under

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

23-20    birth of the child unless:

23-21                (1)  dependent children are eligible for coverage under

23-22    the multiple employer welfare arrangement's plan document; and

23-23                (2)  notification of the birth and any required

23-24    additional premium are received by the multiple employer welfare

23-25    arrangement not later than the 31st day after the date of birth.

23-26          (b)  If dependent children are eligible for coverage under

23-27    the terms of a multiple employer welfare arrangement's plan

23-28    document, the plan document may not limit or exclude initial

23-29    coverage of an adopted child of a participating employee.  A child

23-30    is considered to be the child of a participating employee if the

23-31    participating employee is a party in a suit in which the adoption

23-32    of the child by the participating employee is sought.

23-33          (c)  If dependent children are eligible for coverage under

23-34    the terms of a multiple employer welfare arrangement's plan

23-35    document, an adopted child of a participating employee may be

23-36    enrolled, at the option of the participating employee, within

23-37    either:

23-38                (1)  31 days after the participating employee is a

23-39    party in a suit for adoption; or

23-40                (2)  31 days of the date the adoption is final.

23-41          (d)  Coverage of an adopted child of an employee under this

23-42    article terminates unless notification of the adoption and any

23-43    required additional premiums are received by the multiple employer

23-44    welfare arrangement not later than either:

23-45                (1)  the 31st day after the participating employee

23-46    becomes a party in a suit in which the adoption of the child by the

23-47    participating employee is sought; or

23-48                (2)  the 31st day after the date of the adoption.

23-49          Art. 3.95-4.3.  RENEWABILITY OF COVERAGE; CANCELLATION.

23-50    (a)  Except as provided by Article 3.95-4.4 of this code, a

23-51    multiple employer welfare arrangement shall renew the health

23-52    benefit plan, at the option of the employer, unless:

23-53                (1)  a contribution has not been paid as required by

23-54    the terms of the plan;

23-55                (2)  the employer has committed fraud or intentional

23-56    misrepresentation of a material fact;

23-57                (3)  the employer has not complied with the terms of

23-58    the health benefit plan document;

23-59                (4)  the plan is ceasing to offer any coverage in a

23-60    geographic area; or

23-61                (5)  there has been a failure to:

23-62                      (A)  meet the terms of an applicable collective

23-63    bargaining agreement or other agreement requiring or authorizing

23-64    contributions to the plan;

23-65                      (B)  renew the agreement; or

23-66                      (C)  employ employees covered by the agreement.

23-67          (b)  A multiple employer welfare arrangement may refuse to

23-68    renew the coverage of a participating employee or dependent for

23-69    fraud or intentional misrepresentation of a material fact by that

 24-1    individual.

 24-2          (c)  A multiple employer welfare arrangement may not cancel a

 24-3    health benefit plan except for the reasons specified for refusal to

 24-4    renew under Subsection (a) of this article.  A multiple employer

 24-5    welfare arrangement may not cancel the coverage of a participating

 24-6    employee or dependent except for the reasons specified for refusal

 24-7    to renew under Subsection (b) of this article.

 24-8          Art. 3.95-4.4.  REFUSAL TO RENEW.  (a)  A multiple employer

 24-9    welfare arrangement may elect to refuse to renew all health benefit

24-10    plans delivered or issued for delivery by the multiple employer

24-11    welfare arrangement in this state.  The multiple employer welfare

24-12    arrangement shall notify the commissioner of the election not later

24-13    than the 180th day before the date coverage under the first health

24-14    benefit plan terminates under this subsection.

24-15          (b)  The multiple employer welfare arrangement shall notify

24-16    each affected employer not later than the 180th day before the date

24-17    on which coverage terminates for that employer.

24-18          (c)  A multiple employer welfare arrangement that elects

24-19    under Subsection (a) of this article to refuse to renew all health

24-20    benefit plans in this state may not write a health benefit plan in

24-21    this state before the fifth anniversary of the date on which notice

24-22    is delivered to the commissioner under Subsection (a) of this

24-23    article.

24-24          (d)  A multiple employer welfare arrangement may elect to

24-25    discontinue a plan only if the multiple employer welfare

24-26    arrangement:

24-27                (1)  provides notice to each employer of the

24-28    discontinuation before the 90th day preceding the date of the

24-29    discontinuation of the plan;

24-30                (2)  offers to each employer the option to purchase

24-31    another plan offered by the multiple employer welfare arrangement;

24-32    and

24-33                (3)  acts uniformly without regard to the claims

24-34    experience of the employer or any health status related factor of

24-35    participating employees or dependents or new employees or

24-36    dependents who may become eligible for the coverage.

24-37          Art. 3.95-4.5.  NOTICE TO COVERED PERSONS.  (a)  Not later

24-38    than the 30th day before the date on which termination of coverage

24-39    is effective, a multiple employer welfare arrangement that cancels

24-40    or refuses to renew coverage under a health benefit plan under

24-41    Article 3.95-4.3 or 3.95-4.4 of this code shall notify the employer

24-42    of the cancellation or refusal to renew. It is the responsibility

24-43    of the employer to notify participating employees of the

24-44    cancellation or refusal to renew the coverage.

24-45          (b)  The notice provided under this article is in addition to

24-46    any other notice required by Article 3.95-4.3 or 3.95-4.4 of this

24-47    code.

24-48          Art. 3.95-4.6.  PREMIUM RATES; ADJUSTMENTS.  (a)  A multiple

24-49    employer welfare arrangement may not charge an adjustment to

24-50    premium rates for individual employees or dependents for health

24-51    status related factors or duration of coverage.  Any adjustment

24-52    must be applied uniformly to the rates charged for all

24-53    participating employees and dependents of participating employees

24-54    of the employer.  This subsection does not restrict the amount that

24-55    an employer may be charged for coverage.

24-56          (b)  A multiple employer welfare arrangement may establish

24-57    premium discounts, rebates, or a reduction in otherwise applicable

24-58    copayments or deductibles in return for adherence to programs of

24-59    health promotion and disease prevention.  A discount, rebate, or

24-60    reduction established under this subsection does not violate

24-61    Section 4(8), Article 21.21, of this code.

24-62          Art. 3.95-4.7.  FAIR MARKETING.  (a)  On request, each

24-63    employer purchasing health benefit plans shall be given a summary

24-64    of the plans for which the employer is eligible.

24-65          (b)  The department may require periodic reports by multiple

24-66    employer welfare arrangements and agents regarding the health

24-67    benefit plans issued by the multiple employer welfare arrangements.

24-68    The reporting requirements shall comply with federal law and

24-69    regulations.

 25-1          Art. 3.95-4.8.  PREEXISTING CONDITION PROVISIONS.  (a)  A

 25-2    preexisting condition provision in a multiple employer welfare

 25-3    arrangement's plan document may not apply to an expense incurred on

 25-4    or after the expiration of the 12 months following the initial

 25-5    effective date of coverage of the participating employee,

 25-6    dependent, or late-participating employee.

 25-7          (b)  A preexisting condition provision in a multiple employer

 25-8    welfare arrangement's plan document may not apply to coverage for a

 25-9    disease or condition other than a disease or condition for which

25-10    medical advice, diagnosis, care, or treatment was recommended or

25-11    received during the six months before the earlier of:

25-12                (1)  the effective date of coverage; or

25-13                (2)  the first day of the waiting period.

25-14          (c)  A multiple employer welfare arrangement shall not treat

25-15    genetic information as a preexisting condition described by

25-16    Subsection (b) of this article in the absence of a diagnosis of the

25-17    condition related to the information.

25-18          (d)  A multiple employer welfare arrangement shall not treat

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

25-20    of this article.

25-21          (e)  A preexisting condition provision in a multiple employer

25-22    welfare arrangement's plan document may not apply to an individual

25-23    who was continuously covered for an aggregate period of 12 months

25-24    under creditable coverage that was in effect up to a date not more

25-25    than 63 days before the effective date of coverage under the health

25-26    benefit plan, excluding any waiting period.

25-27          (f)  In determining whether a preexisting condition provision

25-28    applies to an individual covered by a multiple employer welfare

25-29    arrangement's plan document, the multiple employer welfare

25-30    arrangement shall credit the time the individual was covered under

25-31    previous creditable coverage if the previous coverage was in effect

25-32    at any time during the 12 months preceding the effective date of

25-33    coverage under the multiple employer welfare arrangement.  If the

25-34    previous coverage was issued under a health benefit plan, any

25-35    waiting period shall also be credited to the preexisting condition

25-36    provision period.

25-37          (g)  This article does not preclude application of any

25-38    waiting period applicable to all new participating employees under

25-39    the health benefit plan in accordance with the terms of the

25-40    multiple employer welfare arrangement's plan document.

25-41          Art. 3.95-4.9.  WRITTEN STATEMENT OF DENIAL, CANCELLATION, OR

25-42    REFUSAL TO RENEW.  Denial by a multiple employer welfare

25-43    arrangement of an application for coverage from an employer or

25-44    cancellation or refusal to renew must be in writing and must state

25-45    the reason or reasons for the denial, cancellation, or refusal.

25-46          Art. 3.95-4.10.  THIRD-PARTY ADMINISTRATOR.  If a multiple

25-47    employer welfare arrangement enters into an agreement with a

25-48    third-party administrator to provide administrative, marketing, or

25-49    other services related to the offering of health benefit plans to

25-50    employers in this state, the third-party administrator is subject

25-51    to this subchapter.

25-52          SECTION 4.04.  Article 3.95-8, Insurance Code, is amended by

25-53    amending Subsection (a) and adding Subsection (e) to read as

25-54    follows:

25-55          (a)  Each multiple employer welfare arrangement transacting

25-56    business in this state shall file the following with the

25-57    commissioner on forms approved by the commissioner:

25-58                (1)  within 90 days of the end of the fiscal year,

25-59    financial statements audited by a certified public accountant;

25-60    [and]

25-61                (2)  within 90 days of the end of the fiscal year, an

25-62    actuarial opinion prepared and certified by an actuary who is not

25-63    an employee of the multiple employer welfare arrangement and who is

25-64    a fellow of the Society of Actuaries, a member of the American

25-65    Academy of Actuaries, or an enrolled actuary under the Employee

25-66    Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et

25-67    seq.); and

25-68                (3)  any modified terms of a plan document along with a

25-69    certification from the trustees that any changes are in compliance

 26-1    with the minimum requirements of this subchapter.  The actuarial

 26-2    opinion shall include:

 26-3                      (A)  a description of the actuarial soundness of

 26-4    the multiple employer welfare arrangement, including any

 26-5    recommended actions that the multiple employer welfare arrangement

 26-6    should take to improve its actuarial soundness;

 26-7                      (B)  the recommended amount of cash reserves the

 26-8    multiple employer welfare arrangement should maintain which shall

 26-9    not be less than the greater of 20 percent of the total

26-10    contributions in the preceding plan year or 20 percent of the total

26-11    estimated contributions for the current plan year; cash reserves

26-12    shall be calculated with proper actuarial regard for known claims,

26-13    paid and outstanding, a history of incurred but not reported

26-14    claims, claims handling expenses, unearned premium, an estimate for

26-15    bad debts, a trend factor, and a margin for error; cash reserves

26-16    required by this article shall be maintained in cash or federally

26-17    guaranteed obligations of less than five-year maturity that have a

26-18    fixed or recoverable principal amount or such other investments as

26-19    the commissioner or board may authorize by rule; and

26-20                      (C)  the recommended level of specific and

26-21    aggregate stop-loss insurance the multiple employer welfare

26-22    arrangement should maintain.

26-23          (e)  If the commissioner determines that a multiple employer

26-24    welfare arrangement does not comply with the requirements

26-25    established in this subchapter, the commissioner may order the

26-26    multiple employer welfare arrangement to correct the deficiencies.

26-27    If the multiple employer welfare arrangement does not initiate

26-28    immediate corrective action, the commissioner may take any action

26-29    against the multiple employer welfare arrangement that is

26-30    authorized by this code.

26-31          SECTION 4.05.  Article 3.95-15, Insurance Code, is amended by

26-32    amending the article heading and Subsection (a) to read as follows:

26-33          Art. 3.95-15.  PROCEEDINGS BEFORE COMMISSIONER [THE BOARD] OF

26-34    INSURANCE; RULES.  (a)  The commissioner [board] may, on notice and

26-35    opportunity for all interested persons to be heard, issue such

26-36    rules, regulations, and orders as are reasonably necessary to

26-37    augment and carry out the provisions of this subchapter.  The

26-38    commissioner shall adopt rules as necessary to meet the minimum

26-39    requirements of federal law and regulations.

26-40              PART 5.  EFFECTIVE DATE; TRANSITION; EMERGENCY

26-41          SECTION 5.01.  This Act applies only to an insurance policy,

26-42    evidence of coverage, contract, or other document establishing

26-43    coverage under a health benefit plan that is delivered, issued for

26-44    delivery, or renewed on or after the effective date of this Act.

26-45    An insurance policy, evidence of coverage, contract, or other

26-46    document establishing coverage under a health benefit plan that is

26-47    delivered, issued for delivery, or renewed before the effective

26-48    date of this Act is governed by the law as it existed immediately

26-49    before that date, and that law is continued in effect for that

26-50    purpose.

26-51          SECTION 5.02.  This Act takes effect July 1, 1997.

26-52          SECTION 5.03.  The importance of this legislation and the

26-53    crowded condition of the calendars in both houses create an

26-54    emergency and an imperative public necessity that the

26-55    constitutional rule requiring bills to be read on three several

26-56    days in each house be suspended, and this rule is hereby suspended,

26-57    and that this Act take effect and be in force according to its

26-58    terms, and it is so enacted.

26-59                                 * * * * *