Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Coleman                                      H.B. No. 2774

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to coverage by certain health benefit plans for children

 1-3     with serious emotional disturbances.

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

 1-5           SECTION 1.  Article 3.51-14, Insurance Code, is amended to

 1-6     read as follows:

 1-7           Art. 3.51-14.  Mandatory Provision of Benefits for Certain

 1-8     Serious Mental Illnesses

 1-9           Sec. 1.  DEFINITIONS [DEFINITION].  For purposes of this

1-10     article:[,]

1-11                 (1)  Children with serious emotional disturbances are

1-12     persons, from birth to 18 years of age, who currently or at any

1-13     time during the past year have had a diagnosable mental,

1-14     behavioral, or emotional disorder of sufficient duration to meet

1-15     diagnostic criteria specified within DSM-III-R, that resulted in

1-16     functional impairment which substantially interferes with or limits

1-17     the child's role or functioning in family, school, or community.

1-18                 (2)  "Health benefit plan" means a plan described by

1-19     Section 2 of this article.

1-20           Sec. 2.  SCOPE OF ARTICLE [MANDATORY COVERAGE; EXEMPTION].

1-21     (a)  This article applies only to a health benefit plan that

1-22     provides benefits for medical or surgical expenses incurred as a

1-23     result of a health condition, accident, or sickness, including:

1-24                 (1)  an individual, group, blanket, or franchise

 2-1     insurance policy or insurance agreement, a group hospital service

 2-2     contract, or an individual or group evidence of coverage that is

 2-3     offered by:

 2-4                       (A)  an insurance company;

 2-5                       (B)  a group [Each insurer, nonprofit] hospital

 2-6     service [plan] corporation operating under [subject to] Chapter 20

 2-7     of this code;

 2-8                       (C)  a[,] health maintenance organization

 2-9     operating under [subject to] the Texas Health Maintenance

2-10     Organization Act (Chapter 20A, Vernon's Texas Insurance Code);

2-11                       (D)  a fraternal benefit society operating under

2-12     Chapter 10 of this code; or

2-13                       (E)  a stipulated premium insurance company

2-14     operating under Chapter 22 of this code; and

2-15                 (2)  to the extent permitted by the Employee Retirement

2-16     Income Security Act of 1974 (29 U.S.C. Section 1001 et seq.), a

2-17     health benefit plan that is offered by:

2-18                       (A)  a multiple employer welfare arrangement as

2-19     defined by Section 3, Employee Retirement Income Security Act of

2-20     1974 (29 U.S.C. Section 1002); or

2-21                       (B)  another analogous benefit arrangement [,

2-22     employer, multiple employer, union, association, trustee, or other

2-23     self-funded or self-insured welfare or benefit plan, program, or

2-24     arrangement that issues group health insurance policies, enters

2-25     into health care service contracts or plans, or provides for group

2-26     health benefits, coverage, or services in this state for hospital,

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

2-28     sickness shall offer and make available to each group policyholder,

2-29     contract holder, employer, multiple employer, union, association,

2-30     or trustee under a group policy, contract, plan, program, or

 3-1     arrangement that provides hospital, surgical, and medical benefits,

 3-2     coverage for services and benefits on an expense-incurred, service,

 3-3     or prepaid basis for expenses incurred for the necessary care,

 3-4     diagnosis, and treatment of serious mental illnesses].

 3-5           (b)  This article [section] does not apply to coverage under:

 3-6                 (1)  a blanket accident and health insurance policy as

 3-7     that term is defined under Section 2, Article 3.51-6 of this code;

 3-8                 (2)  a short-term travel policy;

 3-9                 (3)  an accident-only policy;

3-10                 (4)  a limited or specified-disease policy; or

3-11                 (5)  a medicare supplement policy, as that term is

3-12     defined under Section 1(3), Article 3.74 of this code.

3-13           Sec. 3.  MENTAL HEALTH [LEVEL OF] COVERAGE.  A health benefit

3-14     plan must provide coverage for the medical treatment of serious

3-15     mental illness under the same terms and conditions as coverage is

3-16     provided for other illnesses.  The coverage offered under this

3-17     article [for services and benefits for the condition of serious

3-18     mental illness must be at least as favorable as the coverage made

3-19     available for services and benefits provided by the insuring entity

3-20     for other major illnesses and] must include the same durational

3-21     limits, amount limits, deductibles, and coinsurance factors for

3-22     serious mental illness as for other illnesses.

3-23           SECTION 2.  This Act takes effect September 1, 1997, and

3-24     applies only to a health benefit plan that is delivered, issued for

3-25     delivery, or renewed on or after January 1, 1998.  A health benefit

3-26     plan that is delivered, issued for delivery, or renewed before

3-27     January 1, 1998, is governed by the law as it existed immediately

3-28     before the effective date of this Act, and that law is continued in

3-29     effect for that purpose.

3-30           SECTION 3.  The importance of this legislation and the

 4-1     crowded condition of the calendars in both houses create an

 4-2     emergency and an imperative public necessity that the

 4-3     constitutional rule requiring bills to be read on three several

 4-4     days in each house be suspended, and this rule is hereby suspended.