75R12153 PB-F                           

         By Averitt                                            H.B. No. 2090

         Substitute the following for H.B. No. 2090:

         By Averitt                                        C.S.H.B. No. 2090

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the regulation of stop-loss insurance policies.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subchapter E, Chapter 21, Insurance Code, is

 1-5     amended by adding Article 21.29 to read as follows:

 1-6           Art. 21.29.  STOP-LOSS INSURANCE

 1-7           Sec. 1.  DEFINITIONS.  In this article:

 1-8                 (1)  "Aggregate attachment point" means the dollar

 1-9     amount of a self-funded benefit plan's liability incurred for all

1-10     plan participants, beyond which the issuer of a policy of stop-loss

1-11     insurance becomes liable.

1-12                 (2)  "Expected claims" means the dollar amount of

1-13     claims for which a self-funded health plan would reasonably be

1-14     expected to incur liability in the absence of a stop-loss insurance

1-15     policy or other insurance.

1-16                 (3)  "Individual attachment point" means the dollar

1-17     amount of a self-funded health plan's liability incurred, during

1-18     the policy year, for an individual plan participant, beyond which

1-19     the issuer of a policy of stop-loss insurance becomes liable.

1-20                 (4)  "Plan participant" means an eligible employee, a

1-21     retired employee, or a dependent of an employee or retired employee

1-22     who is covered by a self-funded health plan.

1-23                 (5)  "Self-funded health plan" means an employee

1-24     welfare benefit plan or other arrangement authorized by law that:

 2-1                       (A)  provides accident and sickness benefits to

 2-2     plan participants; and

 2-3                       (B)  retains at least partial liability for

 2-4     payment of the benefits.

 2-5                 (6)  "Stop-loss insurance" means a policy of insurance

 2-6     which indemnifies, directly or indirectly, a self-funded health

 2-7     plan for a portion of the plan's liability for plan participants.

 2-8     The term includes excess loss insurance and other equivalent

 2-9     coverage.

2-10           Sec. 2.  APPLICATION OF ARTICLE.  This article applies to

2-11     stop-loss insurance that, due to the low level at which the

2-12     insurer's liability attaches, serves the same function as

2-13     conventional group accident and health insurance policies.  This

2-14     article does not apply to employers or self-funded health plans.

2-15           Sec. 3.  APPLICABILITY OF INSURANCE LAWS TO STOP-LOSS

2-16     INSURANCE POLICIES.  (a)  This article applies to each insurer

2-17     subject to Chapter 8, 18, or 19 of this code, as amended, and every

2-18     life, health, and accident insurer governed by Chapter 3 and

2-19     Chapter 20 of this code, as amended, that is authorized to issue

2-20     stop-loss insurance.

2-21           (b)  An insurer may not deliver, issue for delivery, or use a

2-22     policy of stop-loss insurance in this state unless the policy form

2-23     has been filed with and approved by the department as provided by

2-24     Article 3.42 of this code.

2-25           (c)  Each provision of this code that applies to a policy or

2-26     certificate of group accident and health insurance shall apply to a

2-27     policy of stop-loss insurance that is issued on or after September

 3-1     1, 1997, and:

 3-2                 (1)  has an individual attachment point of less than

 3-3     $5,000; or

 3-4                 (2)  has an aggregate attachment point that is lower

 3-5     than 110 percent of expected claims.

 3-6           (d)  Any stop-loss policy issued prior to September 1, 1997,

 3-7     and subsequently renewed, shall be grandfathered from the

 3-8     requirements of this article and shall be subject to the law as it

 3-9     existed immediately prior to the effective date of this article.

3-10           Sec. 4.  RULEMAKING AUTHORITY.  The commissioner may adopt

3-11     rules as necessary to implement this article.

3-12           SECTION 2.  This Act shall take effect on September 1, 1997,

3-13     and will apply to any policy issued on or after the effective date.

3-14     Any policy issued prior to September 1, 1997, and subsequently

3-15     renewed, shall be grandfathered from the requirements of this Act

3-16     and shall be subject to the law as it existed immediately prior to

3-17     the effective date of this Act.

3-18           SECTION 3.  The importance of this legislation and the

3-19     crowded condition of the calendars in both houses create an

3-20     emergency and an imperative public necessity that the

3-21     constitutional rule requiring bills to be read on three several

3-22     days in each house be suspended, and this rule is hereby suspended.