By Davila                                       H.B. No. 1713

      75R2946 DLF-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to discrimination against victims of family violence in

 1-3     the issuance of insurance.

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

 1-5           SECTION 1.  Subchapter B, Chapter 21, Insurance Code, is

 1-6     amended by adding Article 21.21-5 to read as follows:

 1-7           Art. 21.21-5.  DISCRIMINATION AGAINST VICTIMS OF FAMILY

 1-8     VIOLENCE

 1-9           Sec. 1.  DEFINITIONS.  In this article:

1-10                 (1)  "Family violence" has the meaning assigned by

1-11     Section 71.01, Family Code.

1-12                 (2)  "Health benefit plan" means a health benefit plan

1-13     to which this article applies under Section 2(a)(2) of this

1-14     article.

1-15                 (3)  "Health benefit plan provider" means an entity

1-16     that writes, issues, or otherwise provides a health benefit plan.

1-17                 (4)  "Insurance policy" means a policy to which this

1-18     article applies under Section 2(a)(1) of this article.

1-19                 (5)  "Insurer" means the issuer of an insurance policy.

1-20           Sec. 2.  SCOPE OF ARTICLE.  This article applies to:

1-21                 (1)  any group or individual policy of insurance, other

1-22     than a health benefit plan, written by:

1-23                       (A)  a domestic or foreign, stock or mutual,

1-24     life, health, or accident insurance company;

 2-1                       (B)  a domestic or foreign, stock or mutual, fire

 2-2     and casualty insurance company;

 2-3                       (C)  a Mexican casualty company;

 2-4                       (D)  a domestic or foreign Lloyd's plan insurer;

 2-5                       (E)  a domestic or foreign reciprocal or

 2-6     insurance exchange;

 2-7                       (F)  a domestic or foreign fraternal benefit

 2-8     society;

 2-9                       (G)  a stipulated premium insurance company;

2-10                       (H)  a nonprofit legal service corporation;

2-11                       (I)  a statewide mutual assessment company;

2-12                       (J)  a local mutual aid association;

2-13                       (K)  a local mutual burial association;

2-14                       (L)  an association exempt under Article 14.17 of

2-15     this code;

2-16                       (M)  a nonprofit hospital, medical, or dental

2-17     service corporation, including a company subject to Chapter 20 of

2-18     this code;

2-19                       (N)  a county mutual insurance company;

2-20                       (O)  a farm mutual insurance company;

2-21                       (P)  a risk retention group;

2-22                       (Q)  a purchasing group;

2-23                       (R)  a surplus lines carrier; and

2-24                       (S)  a guaranty association created and operating

2-25     under Article 21.28-C or 21.28-D of this code; and

2-26                 (2)  a health benefit plan that provides benefits for

2-27     medical or surgical expenses incurred as a result of a health

 3-1     condition, accident, or sickness, including:

 3-2                       (A)  an individual, group, blanket, or franchise

 3-3     insurance policy or insurance agreement, a group hospital service

 3-4     contract, or an individual or group evidence of coverage that is

 3-5     offered by:

 3-6                             (i)  an insurance company;

 3-7                             (ii)  a group hospital service corporation

 3-8     operating under Chapter 20 of this code;

 3-9                             (iii)  a fraternal benefit society

3-10     operating under Chapter 10 of this code;

3-11                             (iv)  a stipulated premium insurance

3-12     company operating under Chapter 22 of this code; or

3-13                             (v)  a health maintenance organization

3-14     operating under the Texas Health Maintenance Organization Act

3-15     (Chapter 20A, Vernon's Texas Insurance Code); and

3-16                       (B)  to the extent permitted by the Employee

3-17     Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et

3-18     seq.), a health benefit plan that is offered by:

3-19                             (i)  a multiple employer welfare

3-20     arrangement as defined by Section 3, Employee Retirement Income

3-21     Security Act of 1974 (29 U.S.C. Section 1002); or

3-22                             (ii)  another analogous benefit

3-23     arrangement.

3-24           Sec. 3.  PROHIBITIONS.  (a)  An insurer or health benefit

3-25     plan provider may not directly or indirectly discriminate in the

3-26     writing of an insurance policy or health benefit plan because any

3-27     of the following persons are the subject of family violence:

 4-1                 (1)  the applicant for coverage, insured, or enrollee;

 4-2                 (2)  an employee of the applicant, insured, or

 4-3     enrollee; or

 4-4                 (3)  another person with whom the applicant, insured,

 4-5     or enrollee is known to have a personal or business relationship or

 4-6     association.

 4-7           (b)  Subsection (a) of this section applies without regard to

 4-8     whether the person has an injury, illness, or disorder that

 4-9     resulted from family violence or whether the person sought or

4-10     should have sought medical or psychological treatment or protection

4-11     or shelter from family violence.

4-12           (c)  For purposes of Subsection (a) of this section, an

4-13     insurer or health benefit plan provider discriminates in the

4-14     writing of an insurance policy or health benefit plan if the

4-15     insurer or health benefit plan provider:

4-16                 (1)  denies, refuses to issue or renew, or cancels or

4-17     otherwise terminates an insurance policy or health benefit plan

4-18     because a person described by Subsection (a) of this section is the

4-19     subject of family violence;

4-20                 (2)  restricts, excludes, or limits coverage for a loss

4-21     resulting from family violence or denies a claim solely because the

4-22     claim is a result of family violence, except as provided by Article

4-23     21.23 of this code; or

4-24                 (3)  charges a different premium because a person

4-25     described by Subsection (a) of this section is the subject of

4-26     family violence.

4-27           Sec. 4.  CONTINUATION COVERAGE.  (a)  A health benefit plan

 5-1     provider shall offer continuation coverage under a health benefit

 5-2     plan to a person who is the subject of family violence if:

 5-3                 (1)  the health benefit plan was originally issued in

 5-4     the name of the perpetrator of family violence and the person who

 5-5     is the subject of family violence has divorced or separated from or

 5-6     is no longer in the custody of the perpetrator; or

 5-7                 (2)  the perpetrator's health benefit plan has

 5-8     terminated voluntarily or involuntarily.

 5-9           (b)  The provider may require the victim of family violence

5-10     to pay the health benefit plan premium.

5-11           (c)  The commissioner shall adopt rules to implement this

5-12     section.

5-13           Sec. 5.  USE OF INFORMATION.  (a) Except as ordered by the

5-14     commissioner or a court, an insurer or health benefit plan provider

5-15     may not use, disclose, or transfer information relating to the fact

5-16     that a person described by Section 3(a) of this article is the

5-17     subject of family violence or has a medical condition that results,

5-18     at least in part, from family violence.

5-19           (b)  This section does not prohibit the disclosure of

5-20     information related to the direct provision of health care or

5-21     disclosure by a medical professional as necessary to comply with

5-22     Chapter 73, Family Code.

5-23           (c)  This section does not prohibit a person who is the

5-24     subject of family violence from obtaining the person's own medical

5-25     records from an insurer or health benefit plan provider.

5-26           (d)  A person who is the subject of family violence may

5-27     disclose that fact to an insurer or health benefit plan provider to

 6-1     demonstrate that a medical condition results, at least in part,

 6-2     from  family violence or to facilitate treatment of the condition.

 6-3           Sec. 6.  STATEMENT OF REASONS FOR ADVERSE ACTION.  (a) An

 6-4     insurer or health benefit plan provider that takes an action with

 6-5     respect to an insurance policy or health benefit plan that is

 6-6     adverse to the interests of an applicant for coverage or a covered

 6-7     person who is the subject of family violence shall provide the

 6-8     applicant or covered person a written statement of each reason for

 6-9     the action.

6-10           (b)  A statement that an action with respect to an insurance

6-11     policy or health benefit plan was taken because of an insurer's or

6-12     health benefit plan's general underwriting standards or guidelines

6-13     does not satisfy the requirements of this section.

6-14           (c)  For purposes of this section, an action that is adverse

6-15     to the interests of an applicant or covered person includes

6-16     denying, refusing to issue or renew, or canceling or  otherwise

6-17     terminating an insurance policy or health benefit plan.

6-18           Sec. 7.  LIFE INSURANCE.  This article does not prohibit an

6-19     insurer from declining to issue a life insurance policy if the

6-20     applicant for coverage or prospective owner of the policy:

6-21                 (1)  is or would be designated as a beneficiary of the

6-22     policy; and

6-23                 (2)  lacks an insurable interest in the insured or is

6-24     known, on the basis of law enforcement or court records, to have

6-25     committed an act of family violence.

6-26           Sec. 8.  SUBROGATION.  Notwithstanding any other law, an

6-27     insurer or health benefit plan provider is not subrogated to a

 7-1     claim of a person who is the subject of family violence against the

 7-2     perpetrator of family violence unless:

 7-3                 (1)  the insurer or health benefit plan provider

 7-4     obtains the informed consent of the person who is the subject of

 7-5     family violence; or

 7-6                 (2)  the person who is the subject of family violence

 7-7     has recovered damages for the claim.

 7-8           Sec. 9.  SANCTIONS.  An insurer or health benefit plan

 7-9     provider who violates this article commits unfair discrimination

7-10     under Article 21.21-6 of this code, as added by Chapter 415, Acts

7-11     of the 74th Legislature, Regular Session, 1995, and an unfair and

7-12     deceptive practice under Article 21.21 of this code and is subject

7-13     to the penalties imposed under those articles.

7-14           SECTION 2.  Section 14(b), Texas Health Maintenance

7-15     Organization Act (Article 20A.14, Vernon's Texas Insurance Code),

7-16     is amended to read as follows:

7-17           (b)  Articles 21.21, 21.21A, 21.21-2, 21.21-3, and 21.21-5,

7-18     Insurance Code, Article 21.21-6, Insurance Code, as added by

7-19     Chapter 415, Acts of the 74th Legislature, Regular Session, 1995,

7-20     and Chapter 122, Acts of the 57th Legislature, Regular Session,

7-21     1961 (Article 21.21-1, Vernon's Texas Insurance Code), apply to

7-22     health maintenance organizations that offer both basic and single

7-23     health care coverages and to basic and single health care plans and

7-24     the evidence of coverage under those plans, except to the extent

7-25     that the commissioner determines that the nature of health

7-26     maintenance organizations and health care plans and evidence of

7-27     coverage renders any provision of those articles clearly

 8-1     inappropriate.

 8-2           SECTION 3.  This Act takes effect September 1, 1997, and

 8-3     applies only to an insurance policy or health benefit plan that is

 8-4     delivered, issued for delivery, or renewed on or after January 1,

 8-5     1998.  An insurance policy or health benefit plan that is

 8-6     delivered, issued for delivery, or renewed before January 1, 1998,

 8-7     is governed by the law as it existed immediately before the

 8-8     effective date of this Act, and that law is continued in effect for

 8-9     that purpose.

8-10           SECTION 4.  The importance of this legislation and the

8-11     crowded condition of the calendars in both houses create an

8-12     emergency and an imperative public necessity that the

8-13     constitutional rule requiring bills to be read on three several

8-14     days in each house be suspended, and this rule is hereby suspended.