Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Holzheauser H.B. No. 1819
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to coverage under certain health benefit plans for massage
1-3 therapy.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter E, Chapter 21, Insurance Code, is
1-6 amended by adding Article 21.53D to read as follows:
1-7 Art. 21.53D. COVERAGE FOR MASSAGE THERAPY
1-8 Sec. 1. DEFINITIONS. In this article:
1-9 (1) "Health benefit plan" means a plan that provides
1-10 benefits for medical or surgical expenses incurred as a result of a
1-11 health condition, accident, or sickness and that is offered by any
1-12 insurance company, group hospital service corporation, or health
1-13 maintenance organization, fraternal benefit society, stipulated
1-14 premium insurance company, or an evidence of coverage, or, to the
1-15 extent permitted by the Employee Retirement Income Security Act of
1-16 1974 (29 U S C Section 1001 et seq.), by a multiple employer
1-17 welfare arrangement as defined by Section 3, Employee Retirement
1-18 Income Security Act of 1974 (29 U.S.C. Section 1002), or any other
1-19 analogous benefit arrangement. The term does not include:
1-20 (A) a plan that provides coverage:
1-21 (i) only for a specified disease;
1-22 (ii) only for accidental death or
1-23 dismemberment;
1-24 (iii) for wages or payments in lieu of
2-1 wages for a period during which an employee is absent from work
2-2 because of sickness or injury; or
2-3 (iv) as a supplement to liability
2-4 insurance;
2-5 (B) a plan written under Chapter 26 of this
2-6 code;
2-7 (C) a Medicare supplemental policy as defined by
2-8 Section 1882(g)(1), Social Security Act (42 U.S.C. 1395ss);
2-9 (D) workers' compensation insurance coverage;
2-10 (E) medical payment insurance issued as part of
2-11 a motor vehicle insurance policy; or
2-12 (2) "Massage therapy" means the manipulation of soft
2-13 tissue. The term includes but is not limited to, effleurage
2-14 (stroking), petrissage (kneading), tapotement (percussion),
2-15 compression, vibration, friction, nerve strokes, and Swedish
2-16 gymnastics, either by hand or with mechanical or electrical
2-17 apparatus for the purpose of body massage. Massage therapy may
2-18 include the use of oil, salt glows, heat lamps, hot and cold packs,
2-19 tub, shower, or cabinet baths.
2-20 (3) "Registered massage therapist" means an individual
2-21 who practices or administers massage for a patron of either gender
2-22 for compensation and who is registered as a massage therapist under
2-23 Article 4512k, Vernon's Texas Civil Statutes.
2-24 Sec. 2. COVERAGE REQUIRED. A health benefit plan must
2-25 provide coverage for massage therapy administered by a registered
2-26 massage therapist when massage therapy is prescribed by a physician
2-27 for treatment of any condition, treatment for which would be
2-28 covered by the plan if administered by a physician. The coverage
2-29 may be subject to the same deductible or copayment applicable to
2-30 treatment of the condition for which massage therapy is prescribed.
3-1 Sec. 3. RULES. The commissioner may adopt rules to
3-2 implement this article.
3-3 SECTION 2. This Act takes effect September 1, 1997, and
3-4 applies only to a health benefit plan that is delivered, issued for
3-5 delivery, or renewed on or after January 1, 1998. a health benefit
3-6 plan that is delivered, issued for delivery, or renewed before
3-7 January 1, 1998, is governed by the law as it existed immediately
3-8 before the effective date of this Act, and that law is continued in
3-9 effect for this purpose.
3-10 SECTION 3. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended.