By Hilbert                                      H.B. No. 3310

      75R2502 SAW-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to requiring health benefit plans to cover medically

 1-3     necessary dental work for children born with cleft palate.

 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 21.53A-1 to read as follows:

 1-7           Art. 21.53A-1.  CERTAIN MEDICALLY NECESSARY DENTAL WORK

 1-8           Sec. 1.  DEFINITION.  In this article, "health benefit plan"

 1-9     means a plan described by Section 2 of this article.

1-10           Sec. 2.  SCOPE OF ARTICLE.  (a)  This article applies only to

1-11     a  health benefit plan that provides benefits for medical or

1-12     surgical expenses incurred as a result of a health condition,

1-13     accident, or sickness, including:

1-14                 (1)  an individual, group, blanket, or franchise

1-15     insurance policy or insurance agreement, a group hospital service

1-16     contract, or an individual or group evidence of coverage that is

1-17     offered by:

1-18                       (A)  an insurance company;

1-19                       (B)  a group hospital service corporation

1-20     operating under Chapter 20 of this code;

1-21                       (C)  a fraternal benefit society operating under

1-22     Chapter 10 of this code;

1-23                       (D)  a stipulated premium insurance company

1-24     operating under Chapter 22 of this code; or

 2-1                       (E)  a health maintenance organization operating

 2-2     under the Texas Health Maintenance Organization Act (Chapter 20A,

 2-3     Vernon's Texas Insurance Code); and

 2-4                 (2)  to the extent permitted by the Employee Retirement

 2-5     Income Security Act of 1974 (29 U.S.C. Section 1001 et seq.), a

 2-6     health benefit plan that is offered by:

 2-7                       (A)  a multiple employer welfare arrangement as

 2-8     defined by Section 3, Employee Retirement Income Security Act of

 2-9     1974 (29 U.S.C. Section 1002); or

2-10                       (B)  another analogous benefit arrangement.

2-11           (b)  This article does not apply to:

2-12                 (1)  a plan that provides coverage:

2-13                       (A)  only for a specified disease;

2-14                       (B)  only for accidental death or dismemberment;

2-15                       (C)  for wages or payments in lieu of wages for a

2-16     period during which an employee is absent from work because of

2-17     sickness or injury; or

2-18                       (D)  as a supplement to liability insurance;

2-19                 (2)  a plan written under Chapter 26 of this code;

2-20                 (3)  a Medicare supplemental policy as defined by

2-21     Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss);

2-22                 (4)  workers' compensation insurance coverage;

2-23                 (5)  medical payment insurance issued as part of a

2-24     motor vehicle insurance policy; or

2-25                 (6)  a long-term care policy, including a nursing home

2-26     fixed indemnity policy, unless the commissioner determines that the

2-27     policy provides benefit coverage so comprehensive that the policy

 3-1     is a health benefit plan as described by Subsection (a) of this

 3-2     section.

 3-3           Sec. 3.  REQUIRED BENEFIT.  A health benefit plan must

 3-4     provide coverage for all medically necessary dental work for a

 3-5     child born with cleft palate.  Benefits required under this section

 3-6     may not be made subject to a deductible, copayment, or coinsurance

 3-7     requirement.

 3-8           Sec. 4.  RULES.  The commissioner may adopt rules to

 3-9     implement this article.

3-10           SECTION 2.  This Act takes effect September 1, 1997, and

3-11     applies only to a health benefit plan that is delivered, issued for

3-12     delivery, or renewed on or after January 1, 1998.  A health benefit

3-13     plan that is delivered, issued for delivery, or renewed before

3-14     January 1, 1998, is governed by the law as it existed immediately

3-15     before the effective date of this Act, and that law is continued in

3-16     effect for that purpose.

3-17           SECTION 3.  The importance of this legislation and the

3-18     crowded condition of the calendars in both houses create an

3-19     emergency and an imperative public necessity that the

3-20     constitutional rule requiring bills to be read on three several

3-21     days in each house be suspended, and this rule is hereby suspended.