By Zaffirini                                     S.B. No. 172

      75R3339 DLF-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to coverage for childhood immunizations under certain

 1-3     health benefit plans.

 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 21.53F to read as follows:

 1-7           Art. 21.53F.  COVERAGE FOR CHILDHOOD IMMUNIZATIONS

 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 to a

1-11     health benefit plan that:

1-12                 (1)  provides benefits for medical or surgical expenses

1-13     incurred as a result of a health condition, accident, or sickness,

1-14     including:

1-15                       (A)  an individual, group, blanket, or franchise

1-16     insurance policy or insurance agreement, a group hospital service

1-17     contract, or an individual or group evidence of coverage that is

1-18     offered by:

1-19                             (i)  an insurance company;

1-20                             (ii)  a group hospital service corporation

1-21     operating under Chapter 20 of this code;

1-22                             (iii)  a fraternal benefit society

1-23     operating under Chapter 10 of this code;

1-24                             (iv)  a stipulated premium insurance

 2-1     company operating under Chapter 22 of this code; or

 2-2                             (v)  a health maintenance organization

 2-3     operating under the Texas Health Maintenance Organization Act

 2-4     (Chapter 20A, Vernon's Texas Insurance Code); or

 2-5                       (B)  to the extent permitted by the Employee

 2-6     Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et

 2-7     seq.), a health benefit plan that is offered by:

 2-8                             (i)  a multiple employer welfare

 2-9     arrangement as defined by Section 3, Employee Retirement Income

2-10     Security Act of 1974 (29 U.S.C. Section 1002); or

2-11                             (ii)  another analogous benefit

2-12     arrangement;

2-13                 (2)  is offered by an approved non-profit health

2-14     corporation that is certified under Section 5.01(a), Medical

2-15     Practice Act (Article 4495b, Vernon's Texas Civil Statutes), and

2-16     that holds a certificate of authority  issued by the commissioner

2-17     under Article 21.52F of this code; or

2-18                 (3)  is offered by any other entity not licensed under

2-19     this code or another insurance law of this state that contracts

2-20     directly for health care services on a risk sharing basis,

2-21     including an entity that contracts for health care services on a

2-22     capitation basis.

2-23           (b)  This article does not apply to:

2-24                 (1)  a plan that provides coverage:

2-25                       (A)  only for a specified disease;

2-26                       (B)  only for accidental death or dismemberment;

2-27                       (C)  for wages or payments in lieu of wages for a

 3-1     period during which an employee is absent from work because of

 3-2     sickness or injury; or

 3-3                       (D)  as a supplement to liability insurance;

 3-4                 (2)  a plan written under Chapter 26 of this code;

 3-5                 (3)  a Medicare supplemental policy as defined by

 3-6     Section 1882(g)(1), Social Security Act (42 U.S.C. 1395ss);

 3-7                 (4)  workers' compensation insurance coverage;

 3-8                 (5)  medical payment insurance issued as part of a

 3-9     motor vehicle insurance policy; or

3-10                 (6)  a long-term care policy, including a nursing home

3-11     fixed indemnity policy, unless the commissioner determines that the

3-12     policy provides benefit coverage so comprehensive that the policy

3-13     is a health benefit plan as described by Subsection (a) of this

3-14     section.

3-15           Sec. 3.  REQUIRED BENEFIT FOR CHILDHOOD IMMUNIZATIONS.  A

3-16     health benefit plan that provides benefits for a family member of

3-17     the insured shall provide coverage for each newly born child of the

3-18     insured, from birth through the date the child is six years of age,

3-19     for:

3-20                 (1)  immunization against:

3-21                       (A)  diphtheria;

3-22                       (B)  haemophilus influenzae type b;

3-23                       (C)  hepatitis B;

3-24                       (D)  measles;

3-25                       (E)  mumps;

3-26                       (F)  pertussis;

3-27                       (G)  polio;

 4-1                       (H)  rubella;

 4-2                       (I)  tetanus; and

 4-3                       (J)  varicella; and

 4-4                 (2)  any other immunization that the commissioner

 4-5     determines to be required by law for the child.

 4-6           Sec. 4.  FIRST DOLLAR COVERAGE REQUIRED.  Benefits required

 4-7     under Section 3 may not be made subject to a deductible, copayment,

 4-8     or coinsurance requirement.

 4-9           SECTION 2.  This Act takes effect September 1, 1997, and

4-10     applies only to a health benefit plan that is delivered, issued for

4-11     delivery, or  renewed on or after January 1, 1998.  A health

4-12     benefit plan that is delivered, issued for delivery, or renewed

4-13     before January 1, 1998, is governed by the law as it existed

4-14     immediately before the effective date of this Act, and that law is

4-15     continued in effect for this purpose.

4-16           SECTION 3.  The importance of this legislation and the

4-17     crowded condition of the calendars in both houses create an

4-18     emergency and an imperative public necessity that the

4-19     constitutional rule requiring bills to be read on three several

4-20     days in each house be suspended, and this rule is hereby suspended.