By Nelson S.B. No. 39
75R1675 PB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to access to certain obstetric or gynecological health
1-3 care under a health benefits plan.
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. ACCESS TO CERTAIN OBSTETRIC OR GYNECOLOGICAL
1-8 CARE. (a) In this article, "health benefits plan" means an
1-9 individual or group insurance policy, hospital service contract, or
1-10 contract issued by a health maintenance organization that:
1-11 (1) is delivered, issued for delivery, or renewed in
1-12 this state;
1-13 (2) provides benefits for medical or surgical expenses
1-14 incurred as a result of accident, sickness, or another health
1-15 condition; and
1-16 (3) provides benefits for certain specialty health
1-17 care services only through a referral made by a primary care
1-18 physician or other gatekeeper.
1-19 (b) In addition to other benefits as authorized by the plan,
1-20 each health benefits plan shall permit a woman who is entitled to
1-21 coverage under the plan direct access as provided by Subsection (c)
1-22 of this article to the health care services of a participating
1-23 obstetrician-gynecologist who is:
1-24 (1) authorized to provide services under the plan; and
2-1 (2) selected by the covered individual.
2-2 (c) The access to health care services required under this
2-3 article includes an annual gynecological physical examination and
2-4 additional self-referred office visits as necessary for women's
2-5 health services.
2-6 (d) Each health benefits plan shall provide appropriate
2-7 written notice to persons covered by the plan of the direct access
2-8 to health care services required by this article.
2-9 SECTION 2. Article 21.53D, Insurance Code, as added by
2-10 Section 1 of this Act, applies only to an insurance policy,
2-11 contract, or evidence of coverage delivered, issued for delivery,
2-12 or renewed on or after January 1, 1998. A policy, contract, or
2-13 evidence of coverage delivered, issued for delivery, or renewed
2-14 before January 1, 1998, is governed by the law as it existed
2-15 immediately before the effective date of this Act, and that law is
2-16 continued in effect for that purpose.
2-17 SECTION 3. This Act takes effect September 1, 1997.
2-18 SECTION 4. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended.