1-1           By:  Zaffirini, West                             S.B. No. 172

 1-2           (In the Senate - Filed January 7, 1997; January 15, 1997,

 1-3     read first time and referred to Committee on Health and Human

 1-4     Services; March 10, 1997, reported adversely, with favorable

 1-5     Committee Substitute by the following vote:  Yeas 11, Nays 0;

 1-6     March 10, 1997, sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 172                By:  Zaffirini

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to coverage for childhood immunizations under certain

1-11     health benefit plans.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Subchapter E, Chapter 21, Insurance Code, is

1-14     amended by adding Article 21.53F to read as follows:

1-15           Art. 21.53F.  COVERAGE FOR CHILDHOOD IMMUNIZATIONS

1-16           Sec. 1.  DEFINITION.  In this article, "health benefit plan"

1-17     means a plan described by Section 2 of this article.

1-18           Sec. 2.  SCOPE OF ARTICLE.  (a)  This article applies only to

1-19     a health benefit plan that:

1-20                 (1)  provides benefits for medical or surgical expenses

1-21     incurred as a result of a health condition, accident, or sickness,

1-22     including an individual, group, blanket, or franchise insurance

1-23     policy or insurance agreement, a group hospital service contract,

1-24     or an individual or group evidence of coverage that is offered by:

1-25                       (A)  an insurance company;

1-26                       (B)  a group hospital service corporation

1-27     operating under Chapter 20 of this code;

1-28                       (C)  a fraternal benefit society operating under

1-29     Chapter 10 of this code;

1-30                       (D)  a stipulated premium insurance company

1-31     operating under Chapter 22 of this code;

1-32                       (E)  a health maintenance organization operating

1-33     under the Texas Health Maintenance Organization Act (Chapter 20A,

1-34     Vernon's Texas Insurance Code); or

1-35                       (F)  a multiple employer welfare arrangement

1-36     subject to regulation under Subchapter I, Chapter 3 of this code;

1-37     or

1-38                 (2)  is offered by an approved nonprofit health

1-39     corporation that is certified under Section 5.01(a), Medical

1-40     Practice Act (Article 4495b, Vernon's Texas Civil Statutes), and

1-41     that holds a certificate of authority issued by the commissioner

1-42     under Article 21.52F of this code.

1-43           (b)  This article does not apply to:

1-44                 (1)  a plan that provides coverage:

1-45                       (A)  only for a specified disease or other

1-46     limited benefit;

1-47                       (B)  only for accidental death or dismemberment;

1-48                       (C)  for wages or payments in lieu of wages for a

1-49     period during which an employee is absent from work because of

1-50     sickness or injury;

1-51                       (D)  as a supplement to liability insurance;

1-52                       (E)  for credit insurance;

1-53                       (F)  only for dental or vision care; or

1-54                       (G)  only for indemnity for hospital confinement;

1-55                 (2)  a small employer health benefit plan written under

1-56     Chapter 26 of this code;

1-57                 (3)  a Medicare supplemental policy as defined by

1-58     Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss);

1-59                 (4)  workers' compensation insurance coverage;

1-60                 (5)  medical payment insurance issued as part of a

1-61     motor vehicle insurance policy; or

1-62                 (6)  a long-term care policy, including a nursing home

1-63     fixed indemnity policy, unless the commissioner determines that the

1-64     policy provides benefit coverage so comprehensive that the policy

 2-1     is a health benefit plan as described by Subsection (a) of this

 2-2     section.

 2-3           Sec. 3.  REQUIRED BENEFIT FOR CHILDHOOD IMMUNIZATIONS.

 2-4     (a)  A health benefit plan that provides benefits for a family

 2-5     member of the insured shall provide coverage for each child

 2-6     described by Subsection (b) of this section, from birth through the

 2-7     date the child is six years of age, for:

 2-8                 (1)  immunization against:

 2-9                       (A)  diphtheria;

2-10                       (B)  haemophilus influenzae type b;

2-11                       (C)  hepatitis B;

2-12                       (D)  measles;

2-13                       (E)  mumps;

2-14                       (F)  pertussis;

2-15                       (G)  polio;

2-16                       (H)  rubella;

2-17                       (I)  tetanus; and

2-18                       (J)  varicella; and

2-19                 (2)  any other immunization that is required by law for

2-20     the child.

2-21           (b)  A child is entitled to benefits under this section if

2-22     the child, as a result of the child's relationship to an enrollee

2-23     in the health benefit plan, would be entitled to benefits under an

2-24     accident and sickness insurance policy under Subsection (K), (L),

2-25     or (M), Section 2, Chapter 397, Acts of the 54th Legislature, 1955

2-26     (Article 3.70-2, Vernon's Texas Insurance Code).

2-27           Sec. 4.  FIRST DOLLAR COVERAGE REQUIRED.  (a)  Benefits

2-28     required under Section 3 of this article may not be made subject to

2-29     a deductible, copayment, or coinsurance requirement.

2-30           (b)  Subsection (a) of this section does not prohibit the

2-31     application of a deductible, copayment, or coinsurance requirement

2-32     to another service provided at the same time as the immunization.

2-33           SECTION 2.  This Act takes effect September 1, 1997, and

2-34     applies only to a health benefit plan that is delivered, issued for

2-35     delivery, or renewed on or after January 1, 1998.  A health benefit

2-36     plan that is delivered, issued for delivery, or renewed before

2-37     January 1, 1998, is governed by the law as it existed immediately

2-38     before the effective date of this Act, and that law is continued in

2-39     effect for this purpose.

2-40           SECTION 3.  The importance of this legislation and the

2-41     crowded condition of the calendars in both houses create an

2-42     emergency and an imperative public necessity that the

2-43     constitutional rule requiring bills to be read on three several

2-44     days in each house be suspended, and this rule is hereby suspended.

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