By:  Nelson, Madla                                     S.B. No. 585

              Sibley, Moncrief

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to requirements for certain health insurance benefits.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.  Subsection (b), Section 3D, Article 3.51-6,

 1-4     Insurance Code, is amended to read as follows:

 1-5           (b)  A health insurance policy that provides coverage for the

 1-6     immediate family or children of a person insured under the policy

 1-7     may not exclude from coverage or limit coverage to a child of the

 1-8     insured solely because the child is adopted.  The insurer shall

 1-9     provide full coverage under the policy to the child of an insured

1-10     without limiting coverage of a preexisting condition if an

1-11     application for coverage for the child is made not later than the

1-12     31st day after the date on which the adoption is final or, for the

1-13     period during which the adoption is not final, not later than the

1-14     31st day after the date on which the insured becomes a party in a

1-15     suit in which adoption of the child by the insured is sought.

1-16           SECTION 2.  Article 3.51-14, Insurance Code, is amended by

1-17     adding Section 4 to read as follows:

1-18           Sec. 4.  COMPLIANCE REQUIRED.  Any coverage provided under

1-19     this article to an employee welfare benefit plan as defined in

1-20     Section 3(1) of the Employee Retirement Income Security Act of 1974

1-21     (29 U.S.C. Section 1002(1)) must comply with Article 3.51-15 of

1-22     this code.

1-23           SECTION 3.  Subchapter E, Chapter 3, Insurance Code, is

 2-1     amended by adding Article 3.51-15 to read as follows:

 2-2           Art. 3.51-15.  CERTAIN INSURERS MUST MEET REQUIREMENTS FOR

 2-3     PARITY

 2-4           Sec. 1.  PURPOSE.  The purpose of this article is to

 2-5     coordinate the requirements of Texas law with federal law relating

 2-6     to a requirement of parity between certain mental health benefits

 2-7     and medical and surgical benefits.

 2-8           Sec. 2.  DEFINITIONS.  In this article:

 2-9                 (1)  "Aggregate lifetime limit" means a dollar

2-10     limitation on the total amount of benefits that may be paid under

2-11     the health insurance coverage with respect to an individual or

2-12     other coverage unit.

2-13                 (2)  "Annual limit" means a dollar limitation on the

2-14     total amount of benefits that may be paid in a 12-month period

2-15     under the health insurance coverage with respect to an individual

2-16     or other coverage unit.

2-17                 (3)  "Insurer" means:

2-18                       (A)  an insurance company;

2-19                       (B)  a group hospital service corporation

2-20     operating under Chapter 20 of this code;

2-21                       (C)  a fraternal benefit society operating under

2-22     Chapter 10 of this code;

2-23                       (D)  a stipulated premium insurance company

2-24     operating under Chapter 22 of this code;

2-25                       (E)  a health maintenance organization operating

 3-1     under the Texas Health Maintenance Organization Act (Chapter 20A,

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

 3-3                       (F)  an approved nonprofit health corporation

 3-4     that is certified under Section 5.01(a), Medical Practice Act

 3-5     (Article 4495b, Vernon's Texas Civil Statutes), and that holds a

 3-6     certificate of authority issued by the commissioner under Article

 3-7     21.52F of this code.

 3-8                 (4)  "Medical or surgical benefits" means benefits with

 3-9     respect to medical or surgical services as defined under the terms

3-10     of the coverage, but such benefits do not include mental health

3-11     benefits.

3-12                 (5)  "Mental health benefits" means benefits with

3-13     respect to mental health services as defined under the terms of the

3-14     coverage and includes benefits provided for mental or emotional

3-15     illnesses or disorders and serious mental illnesses as defined and

3-16     referenced in this code or in rules promulgated by the commissioner

3-17     under this code but does not include benefits with respect to

3-18     treatment of substance abuse or chemical dependency.

3-19           Sec. 3.  PARITY REQUIREMENTS.  (a)  Any coverage for services

3-20     and benefits for the condition of mental illness or serious mental

3-21     illness provided by an insurer to an employee welfare benefit plan

3-22     as defined in Section 3(1) of the Employee Retirement Income

3-23     Security Act of 1974 (29 U.S.C. Section 1002(1)) must meet the

3-24     requirements of Subsections (b) and (c) of this section regarding

3-25     parity in annual and lifetime aggregate dollar limits between

 4-1     medical and surgical benefits and mental illness benefits, unless

 4-2     exempted under Section 4 of this article.

 4-3           (b)  In the case of coverage that provides both medical and

 4-4     surgical benefits and mental health benefits:

 4-5                 (1)  if the coverage does not include an aggregate

 4-6     lifetime limit on substantially all medical and surgical benefits,

 4-7     the coverage may not impose any aggregate lifetime limit on mental

 4-8     health benefits; and

 4-9                 (2)  if the coverage includes an aggregate lifetime

4-10     limit on substantially all medical and surgical benefits, in this

4-11     article referred to as the "applicable lifetime limit," the

4-12     coverage shall either:

4-13                       (A)  apply the applicable lifetime limit both to

4-14     the medical and surgical benefits to which it otherwise would apply

4-15     and to mental health benefits and not distinguish in the

4-16     application of such limit between medical and surgical benefits and

4-17     mental health benefits; or

4-18                       (B)  not include any aggregate lifetime limit on

4-19     mental health benefits that is less than the applicable lifetime

4-20     limit.

4-21           (c)  In the case of coverage that is not described in

4-22     Subsection (b) of this section and that includes no or different

4-23     aggregate lifetime limits on different categories of medical and

4-24     surgical benefits, the insurer must follow rules promulgated by the

4-25     Secretary of the Treasury under the Mental Health Parity Act of

 5-1     1996 (Title VII, Pub. L. No. 104-204), under which the rule in

 5-2     Subsection (b)(2) of this section is applied to such coverage with

 5-3     respect to mental health benefits by substituting for the

 5-4     applicable lifetime limit an average aggregate lifetime limit that

 5-5     is computed taking into account the weighted average of the

 5-6     aggregate lifetime limits applicable to such categories.

 5-7           (d)  In the case of coverage that provides both medical and

 5-8     surgical benefits and mental health benefits:

 5-9                 (1)  if the coverage does not include an annual limit

5-10     on substantially all medical and surgical benefits, the coverage

5-11     may not impose any annual limit on mental health benefits; and

5-12                 (2)  if the coverage includes an annual limit on

5-13     substantially all medical and surgical benefits, in this article

5-14     referred to as the "applicable annual limit," the coverage shall

5-15     either:

5-16                       (A)  apply the applicable annual limit both to

5-17     medical and surgical benefits to which it otherwise would apply and

5-18     to mental health benefits and not distinguish in the application of

5-19     such limit between such medical and surgical benefits and mental

5-20     health benefits; or

5-21                       (B)  not include any annual limit on mental

5-22     health benefits that is less than the applicable annual limit.

5-23           (e)  In the case of coverage that is not described in

5-24     Subsection (d) of this section and that includes no or different

5-25     annual limits on different categories of medical and surgical

 6-1     benefits, the insurer must follow rules promulgated by the

 6-2     Secretary of the Treasury under the Mental Health Parity Act of

 6-3     1996 (Title VII, Pub. L. No. 104-204), under which the rule in

 6-4     Subsection (d)(2) of this section is applied to such coverage with

 6-5     respect to mental health benefits by substituting for the

 6-6     applicable annual limit an average aggregate annual limit that is

 6-7     computed taking into account the weighted average of the aggregate

 6-8     annual limits applicable to such categories.

 6-9           (f)  Nothing in this section shall be construed:

6-10                 (1)  as requiring an insurer to provide or offer any

6-11     mental health benefits, except as otherwise specified in this code;

6-12     or

6-13                 (2)  in the case of coverage that provides mental

6-14     health benefits, as affecting the terms and conditions, including

6-15     cost sharing, limits on numbers of visits or days of coverage, and

6-16     requirements relating to medical necessity, relating to the amount,

6-17     duration, or scope of mental health benefits under the coverage,

6-18     except as specifically provided in this article in regard to parity

6-19     in the imposition of aggregate lifetime limits and annual limits

6-20     for mental health benefits.

6-21           Sec. 4.  EXEMPTIONS.  (a)  This section does not apply to

6-22     coverage offered to an employee welfare benefit plan of an employer

6-23     who, with respect to a calendar year and a plan year, employed an

6-24     average of at least two but not more than 50 employees on business

6-25     days during the preceding calendar year and who employs at least

 7-1     two employees on the first day of the plan year, in this article

 7-2     referred to as an "exempt employer."

 7-3           (b)  In determining employer size for purposes of this

 7-4     section:

 7-5                 (1)  rules under Subsections (b), (c), (m), and (o),

 7-6     Section 414 of the Internal Revenue Code of 1986 (26 U.S.C. Section

 7-7     414) shall apply for purposes of treating persons as a single

 7-8     employer;

 7-9                 (2)  in the case of an employer which was not in

7-10     existence throughout the preceding calendar year, the determination

7-11     of whether the employer is an exempt employer shall be based on the

7-12     average number of employees that it is reasonably expected such

7-13     employer will employ on business days in the current calendar year;

7-14     and

7-15                 (3)  any reference in this section to an employer shall

7-16     include a reference to any predecessor of such employer.

7-17           (c)  This section shall not apply with respect to insurance

7-18     coverage offered to an employee welfare benefit plan if the

7-19     application of this section to the coverage results in an increase

7-20     in the cost for the coverage of at least one percent.

7-21           Sec. 5.  SEPARATE APPLICATION TO EACH OPTION OFFERED.  In the

7-22     case of an employee welfare benefit plan that offers a participant

7-23     or beneficiary two or more benefit package options under the plan,

7-24     the requirements of this article shall be applied separately to

7-25     each coverage package offered by an insurer or provider with

 8-1     respect to each option.

 8-2           Sec. 6.  RULEMAKING AUTHORITY.  The commissioner may

 8-3     promulgate reasonable rules to implement this article and to

 8-4     coordinate or comply with minimum requirements of federal law and

 8-5     regulations relating to parity of mental health benefits with any

 8-6     other health and accident benefits.

 8-7           SECTION 4.  Subsections (E), (F), (I), and (K), Section 2,

 8-8     Chapter 397, Acts of the 54th Legislature, 1955 (Article 3.70-2,

 8-9     Vernon's Texas Insurance Code), are amended to read as follows:

8-10           (E)  No individual policy or group policy of accident and

8-11     sickness insurance, including policies issued by companies subject

8-12     to Chapter 20, [Texas] Insurance Code, [as amended,] delivered or

8-13     issued for delivery to any person in this state which provides for

8-14     accident and sickness coverage of immediate family or children of

8-15     an enrollee, which permits the enrollment of any enrollee's

8-16     immediate family or [additional newborn] children for such

8-17     coverage, or which provides maternity benefits[,] may be issued in

8-18     this state if it contains any provisions excluding or limiting

8-19     initial coverage of a newborn infant for a period of time, or

8-20     limitations or exclusions for congenital defects of a newborn

8-21     child.

8-22           (F)  A group policy of accident and sickness insurance

8-23     delivered or issued for delivery to a person in this state,

8-24     including a group policy issued by a company subject to Chapter 20,

8-25     Insurance Code, or the Texas Health Maintenance Organization Act

 9-1     (Chapter 20A, Vernon's Texas Insurance Code), that provides

 9-2     coverage for treatment of mental or emotional illness or disorder

 9-3     for a person when confined in a hospital must also provide that

 9-4     coverage, which is not less favorable, shall be applicable for

 9-5     treatment under the direction and continued medical supervision of

 9-6     a doctor of medicine or doctor of osteopathy in a psychiatric day

 9-7     treatment facility that provides organizational structure and

 9-8     individualized treatment plans separate from an in-patient program;

 9-9     subject to the same durational limits, deductibles, and coinsurance

9-10     factors.  Any benefits so provided shall be determined as if

9-11     necessary care and treatment in a psychiatric day treatment

9-12     facility were in-patient care and treatment in a hospital, and each

9-13     full day of treatment in a psychiatric day treatment facility shall

9-14     be considered equal to one-half of one day of treatment of mental

9-15     or emotional illness or disorder in a hospital or in-patient

9-16     program for the purpose of determining policy benefits and benefit

9-17     maximums.  An insurer shall offer and the policyholder shall have

9-18     the right to reject such coverage for treatment of mental or

9-19     emotional illness or disorder when confined in a hospital or in a

9-20     psychiatric day treatment facility or may select an alternative

9-21     level of benefits thereunder if such coverage is offered by or

9-22     negotiated with such insurer, service plan corporation or health

9-23     maintenance organization, except that[; provided, however,] any

9-24     such alternative level of benefits shall provide policy benefits

9-25     and benefit maximums for treatment in psychiatric day treatment

 10-1    facilities equal to at least one half of that provided for

 10-2    treatment in hospital facilities, but not to exceed the usual and

 10-3    customary charge of the psychiatric day treatment facility, and any

 10-4    coverage provided to an employee welfare benefit plan as defined in

 10-5    Section 3(1) of the Employee Retirement Income Security Act of 1974

 10-6    (29 U.S.C. Section 1002(1)) must comply with Article 3.51-15,

 10-7    Insurance Code.   Any such policy may require that the treatment

 10-8    must be provided by a day treatment facility that treats a patient

 10-9    for not more than eight hours in any 24-hour period, that the

10-10    attending physician certifies that such treatment is in lieu of

10-11    hospitalization, and that the psychiatric treatment facility is

10-12    accredited by the Program for Psychiatric Facilities, or its

10-13    successor, of the Joint Commission on Accreditation of Hospitals.

10-14    For the purpose of this subsection a psychiatric day treatment

10-15    facility is a mental health facility which provides treatment for

10-16    individuals suffering from acute, mental and nervous disorders in a

10-17    structured psychiatric program utilizing individualized treatment

10-18    plans with specific attainable goals and objectives appropriate

10-19    both to the patient and the treatment modality of the program and

10-20    that is clinically supervised by a doctor of medicine who is

10-21    certified in psychiatry by the American Board of Psychiatry and

10-22    Neurology.

10-23          (I)  An individual or group policy of accident and sickness

10-24    insurance that provides any emergency care benefit, including

10-25    policies issued by companies subject to Chapter 20, Insurance Code,

 11-1    delivered or issued for delivery in this state must define

 11-2    emergency care as follows:  "Emergency care" means health care

 11-3    [bona fide emergency] services provided in a hospital emergency

 11-4    facility or comparable facility to evaluate and stabilize medical

 11-5    conditions of a recent [after the sudden] onset and [of a medical

 11-6    condition manifesting itself by acute symptoms of sufficient]

 11-7    severity, including but not limited to severe pain, [such] that

 11-8    would lead a prudent layperson possessing an average knowledge of

 11-9    medicine and health to believe that his or her condition, sickness,

11-10    or injury is of such a nature that failure to get [the absence of]

11-11    immediate medical care [attention] could [reasonably be expected

11-12    to] result in:

11-13                (1)  placing the patient's health in serious jeopardy;

11-14                (2)  serious impairment to bodily functions; [or]

11-15                (3)  serious dysfunction of any bodily organ or part;

11-16                (4)  serious disfigurement; or

11-17                (5)  in the case of a pregnant woman, serious jeopardy

11-18    to the health of the fetus.

11-19          (K)  An accident and sickness insurance policy that provides

11-20    coverage for the immediate family or children of a person insured

11-21    under the policy may not exclude from coverage or limit coverage to

11-22    a child of the insured solely because the child is adopted.  The

11-23    insurer shall provide full coverage under the policy to the child

11-24    without limiting coverage of a preexisting condition if an

11-25    application for the child is made not later than the 31st day after

 12-1    the date on which the adoption is final or, for the period during

 12-2    which the adoption is not final, not later than the 31st day after

 12-3    the date on which the insured becomes a party in a suit in which

 12-4    adoption of the child by the insured is sought.  For the purposes

 12-5    of this subsection, a child is considered to be the child of an

 12-6    insured if the insured is a party in a suit in which the adoption

 12-7    of the child by the insured is sought.

 12-8          SECTION 5.  Section 9, Texas Health Maintenance Organization

 12-9    Act (Article 20A.09, Vernon's Texas Insurance Code), is amended by

12-10    adding Subsections (k), (l), and (m) to read as follows:

12-11          (k)(1)  A health maintenance organization shall provide a

12-12    group continuation privilege as required by this subsection.  Any

12-13    enrollee whose coverage under the group contract has been

12-14    terminated for any reason except involuntary termination for cause

12-15    and who has been continuously covered under the group contract and

12-16    under any group contract providing similar services and benefits

12-17    which it replaces for at least three consecutive months immediately

12-18    prior to termination shall be entitled to the group continuation

12-19    privilege as outlined in this subsection.  Involuntary termination

12-20    for cause does not include termination for any health-related

12-21    cause.  Health maintenance organization contracts subject to this

12-22    section shall provide continuation of group coverage for enrollees

12-23    subject to the following eligibility provisions:

12-24                      (A)  continuation of group coverage must be

12-25    requested in writing not later than the 31st day after the later

 13-1    of:

 13-2                            (i)  the date the group coverage would

 13-3    otherwise terminate; or

 13-4                            (ii)  the date the enrollee is given notice

 13-5    of the right of continuation by either the employer or the group

 13-6    contract holder;

 13-7                      (B)  an enrollee electing continuation must pay

 13-8    to the group contract holder or employer on a monthly basis, in

 13-9    advance, the amount of contribution required by the contract holder

13-10    or employer, plus two percent of the group rate for the coverage

13-11    being continued under the group contract, on the due date of each

13-12    payment;

13-13                      (C)  the enrollee's written election of

13-14    continuation, together with the first contribution required to

13-15    establish contributions on a monthly basis, in advance, must be

13-16    given to the contract holder or employer not later than the 31st

13-17    day after the later of:

13-18                            (i)  the date the group coverage would

13-19    otherwise terminate; or

13-20                            (ii)  the date the enrollee is given notice

13-21    of the right of continuation by either the employer or the group

13-22    contract holder;

13-23                      (D)  continuation may not terminate until the

13-24    earliest of:

13-25                            (i)  180 days after the date the election

 14-1    is made;

 14-2                            (ii)  the date on which failure to make

 14-3    timely payments would terminate coverage;

 14-4                            (iii)  the date on which the covered person

 14-5    is covered for similar services and benefits by another hospital,

 14-6    surgical, medical, or major medical expense insurance policy or

 14-7    hospital or medical service subscriber contract or medical practice

 14-8    or other prepayment plan or any other plan or program; or

 14-9                            (iv)  the date on which the group coverage

14-10    terminates in its entirety; and

14-11                      (E)  not less than 30 days before the end of the

14-12    180-day period following the date the enrollee elects continuation

14-13    of the contract, the health maintenance organization shall notify

14-14    the enrollee that the enrollee may be eligible for coverage under

14-15    the Texas Health Insurance Risk Pool as provided under Article

14-16    3.77, Insurance Code, and shall provide the address for applying to

14-17    such pool to the enrollee.

14-18                (2)  A health maintenance organization may offer to

14-19    each enrollee a conversion contract.  Such conversion contract

14-20    shall be issued without evidence of insurability if a written

14-21    application and payment of the first premium are made not later

14-22    than the 31st day after the date of termination.  The conversion

14-23    contract shall meet the minimum standards for services and benefits

14-24    for conversion contracts.  The commissioner shall issue rules and

14-25    regulations to establish minimum standards for services and

 15-1    benefits under contracts issued pursuant to this subsection.

 15-2                (3)  The premium for a conversion contract issued under

 15-3    this Act shall be determined in accordance with the health

 15-4    maintenance organization's premium rates for coverage that were

 15-5    provided under the group contract or plan.  The premium may be

 15-6    based on the geographic location of each person to be covered and

 15-7    the type of conversion contract and coverage provided.  The premium

 15-8    for the same coverage under a conversion contract may not exceed

 15-9    200 percent of the premium determined in accordance with this

15-10    subdivision.  The premium must be based on the type of conversion

15-11    contract and the coverage provided by the contract.

15-12          (l)(1)  An individual health care plan provided by a health

15-13    maintenance organization must meet the requirements of this

15-14    subsection.

15-15                (2)  For purposes of this subsection, an "individual

15-16    health care plan" means a health care plan:

15-17                      (A)  which provides health care services for

15-18    individuals and their dependents;

15-19                      (B)  in which an enrollee pays the premium and is

15-20    not being covered under a contract pursuant to continuation of

15-21    services and benefits provisions applicable under federal or state

15-22    law; and

15-23                      (C)  in which the evidence of coverage meets the

15-24    requirements of Section 2(a) of this Act.

15-25                (3)  A health maintenance organization may limit its

 16-1    enrollees to those who live, reside, or work within the service

 16-2    area for an individual health care plan.

 16-3                (4)  An individual health care plan or a conversion

 16-4    contract providing health care services shall be renewable with

 16-5    respect to an enrollee at the option of the enrollee and may be

 16-6    nonrenewed only if:

 16-7                      (A)  premiums or contributions have not been paid

 16-8    in accordance with the terms of the plan or the issuer has not

 16-9    received timely premium payments;

16-10                      (B)  fraud or intentional misrepresentation has

16-11    occurred;

16-12                      (C)  the health maintenance organization is

16-13    ceasing to offer coverage in the individual market in accordance

16-14    with rules established by the commissioner;

16-15                      (D)  the enrollee no longer lives, resides, or

16-16    works in the area in which the health maintenance organization is

16-17    authorized to provide coverage, but only if coverage is terminated

16-18    under this paragraph uniformly without regard to any health

16-19    status-related factor of covered enrollees; or

16-20                      (E)  the nonrenewal is in accordance with

16-21    applicable federal law and regulations.

16-22                (5)  The commissioner may adopt rules necessary to

16-23    implement this section and to meet the minimum requirements of

16-24    federal law and regulations.

16-25                (6)  A health maintenance organization may impose an

 17-1    affiliation period as an alternative to a preexisting condition

 17-2    limitation.  For the purposes of this subdivision, "affiliation

 17-3    period" means a period not to exceed 60 days, or 90 days in the

 17-4    case of a late enrollee, during which no premiums shall be

 17-5    collected and coverage issued will not become effective.  An

 17-6    affiliation period shall be waived for the period an individual was

 17-7    covered by qualifying previous coverage, provided that the

 17-8    qualifying previous coverage was continuous to a date not more than

 17-9    60 days prior to the effective date of the new coverage.  An

17-10    affiliation period must be applied uniformly without regard to any

17-11    health status-related factors.

17-12                (7)  A health maintenance organization may not modify

17-13    an individual health care plan with respect to an enrollee or

17-14    dependent through riders or endorsements based on health status or

17-15    claim experience or otherwise restrict or exclude coverage of

17-16    benefits for specific diseases, medical services, or conditions

17-17    otherwise covered by the health benefit plan.

17-18                (8)  Denial by a health maintenance organization of an

17-19    application for coverage from an individual shall be in writing and

17-20    shall state the reason or reasons for the denial.

17-21                (9)  A health maintenance organization may consider age

17-22    and gender characteristics in determining and establishing the

17-23    schedule of charges for individual coverage.  The rating formulas

17-24    and methods for calculating the schedule of charges must be based

17-25    on sound actuarial principles and must produce charges that are not

 18-1    excessive, inadequate, or unfairly discriminatory.  Benefits must

 18-2    be reasonable with respect to the rates produced by the formula or

 18-3    method.

 18-4                (10)  The commissioner shall issue rules and

 18-5    regulations to establish minimum standards for benefits and

 18-6    determine the percentage increase in the premium rates charged.

 18-7          (m)  Articles 3.51-14 and 3.51-15, Insurance Code, and

 18-8    Subsections (F) and (L), Section 2, Chapter 397, Acts of the 54th

 18-9    Legislature, 1955 (Article 3.70-2, Vernon's Texas Insurance Code),

18-10    apply to health maintenance organizations.

18-11          SECTION 6.  The Texas Health Maintenance Organization Act

18-12    (Article 20A, Vernon's Texas Insurance Code), is amended by adding

18-13    Section 9A to read as follows:

18-14          Sec. 9A.  REQUIRED COVERAGE FOR NEWBORNS; ADOPTED CHILDREN.

18-15    (a)  Each health maintenance organization that provides coverage

18-16    for health care services for the spouse and dependent children of

18-17    an enrollee or permits the enrollment of any enrollee's immediate

18-18    family or children under a health benefit plan shall not exclude or

18-19    limit the initial coverage of a newborn child for a period of time

18-20    or exclude or limit coverage for congenital defect of a newborn

18-21    child if the child is enrolled in the health care plan not later

18-22    than the 31st day after the date of the child's birth.

18-23          (b)  A health maintenance organization that provides coverage

18-24    for the immediate family or children of an enrollee or permits the

18-25    enrollment of any enrollee's immediate family or children under a

 19-1    health benefit plan may not exclude from coverage in a health care

 19-2    plan a child of an enrollee or limit coverage under the plan to a

 19-3    child of an enrollee solely because the child is adopted.  The

 19-4    health maintenance organization shall provide full coverage under

 19-5    the plan to the child without limiting coverage of a preexisting

 19-6    condition if the child is enrolled in the plan not later than the

 19-7    31st day after the date on which the adoption is final or, for the

 19-8    period during which the adoption is not final, not later than the

 19-9    31st day after the date on which the enrollee becomes a party in a

19-10    suit in which adoption of the child by the enrollee is sought.  For

19-11    the purposes of this subsection, a child is considered to be the

19-12    child of an enrollee if the enrollee is a party in a suit in which

19-13    the adoption of the child by the enrollee is sought.

19-14          SECTION 7.  Subchapter E, Chapter 21, Insurance Code, is

19-15    amended by adding Articles 21.53D and 21.53E to read as follows:

19-16          Art. 21.53D.  ACCESS TO CERTAIN OBSTETRICAL OR GYNECOLOGICAL

19-17    CARE

19-18          Sec. 1.  DEFINITIONS.  In this article:

19-19                (1)  "Enrollee" means an individual enrolled in a

19-20    health benefit plan.

19-21                (2)  "Health benefit plan" means a plan described in

19-22    Section 2 of this article.

19-23                (3)  "Physician" means a person licensed as a physician

19-24    by the Texas State Board of Medical Examiners.

19-25          Sec. 2.  SCOPE OF ARTICLE.  (a)  This article applies to a

 20-1    health benefit plan that:

 20-2                (1)  provides benefits for medical or surgical expenses

 20-3    incurred as a result of a health condition, accident, or sickness,

 20-4    including:

 20-5                      (A)  an individual, group, blanket, or franchise

 20-6    insurance policy or insurance agreement, a group hospital service

 20-7    contract, or an individual or group evidence of coverage that is

 20-8    offered by:

 20-9                            (i)  an insurance company;

20-10                            (ii)  a group hospital service corporation

20-11    operating under Chapter 20 of this code;

20-12                            (iii)  a fraternal benefit society

20-13    operating under Chapter 10 of this code;

20-14                            (iv)  a stipulated premium insurance

20-15    company operating under Chapter 22 of this code; or

20-16                            (v)  a health maintenance organization

20-17    operating under the Texas Health Maintenance Organization Act

20-18    (Chapter 20A, Vernon's Texas Insurance Code); and

20-19                      (B)  to the extent permitted by the Employee

20-20    Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et

20-21    seq.), a health benefit plan that is offered by:

20-22                            (i)  a multiple employer welfare

20-23    arrangement as defined by Section 3, Employee Retirement Income

20-24    Security Act of 1974 (29 U.S.C. Section 1002); or

20-25                            (ii)  another analogous benefit

 21-1    arrangement;

 21-2                (2)  is offered by an approved nonprofit health

 21-3    corporation that is certified under Section 5.01(a), Medical

 21-4    Practice Act (Article 4495b, Vernon's Texas Civil Statutes), and

 21-5    that holds a certificate of authority issued by the commissioner

 21-6    under Article 21.52F of this code; or

 21-7                (3)  is offered by any other entity not licensed under

 21-8    this code or another insurance law of this state that contracts

 21-9    directly for health care services on a risk-sharing basis,

21-10    including an entity that contracts for health care services on a

21-11    capitation basis.

21-12          (b)  This article does not apply to:

21-13                (1)  a plan that provides coverage:

21-14                      (A)  only for a specified disease;

21-15                      (B)  only for accidental death or dismemberment;

21-16                      (C)  for wages or payments in lieu of wages for a

21-17    period during which an employee is absent from work because of

21-18    sickness or injury; or

21-19                      (D)  as a supplement to liability insurance;

21-20                (2)  a plan written under Chapter 26 of this code;

21-21                (3)  a Medicare supplemental policy as defined by

21-22    Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss);

21-23                (4)  workers' compensation insurance coverage;

21-24                (5)  medical payment insurance issued as a part of a

21-25    motor vehicle insurance policy;

 22-1                (6)  a long-term care policy, including a nursing home

 22-2    fixed indemnity policy, unless the commissioner determines that the

 22-3    policy provides benefit coverage so comprehensive that the policy

 22-4    is a health benefit plan as described by Subsection (a) of this

 22-5    section; or

 22-6                (7)  any health benefit plan that does not provide

 22-7    pregnancy-related benefits.

 22-8          (c)  This article applies to each health benefit plan that

 22-9    requires an enrollee to obtain certain specialty health care

22-10    services through a referral made by a primary care physician or

22-11    other gatekeeper.

22-12          Sec. 3.  ACCESS OF FEMALE ENROLLEE TO HEALTH CARE.  (a)  Each

22-13    health benefit plan subject to this article shall permit a woman

22-14    who is entitled to coverage under the plan to select, in addition

22-15    to a primary care physician, an obstetrician or gynecologist to

22-16    provide health care services within the scope of the professional

22-17    specialty practice of a properly credentialed obstetrician or

22-18    gynecologist.

22-19          (b)  The plan shall include in the classification of persons

22-20    authorized to provide medical services under the plan a number of

22-21    properly credentialed obstetricians and gynecologists sufficient to

22-22    ensure access to the services that fall within the scope of that

22-23    credential.

22-24          (c)  This section does not affect the authority of a health

22-25    benefit plan to establish selection criteria regarding other

 23-1    physicians who provide services through the plan.

 23-2          Sec. 4.  DIRECT ACCESS TO SERVICES OF OBSTETRICIAN OR

 23-3    GYNECOLOGIST.  (a)  In addition to other benefits authorized by the

 23-4    plan, each health benefit plan shall permit a woman who designates

 23-5    an obstetrician or gynecologist as provided under Section 3 of this

 23-6    article direct access to the health care services of the designated

 23-7    obstetrician or gynecologist without a referral by the woman's

 23-8    primary care physician or prior authorization or precertification

 23-9    from a health benefit plan.

23-10          (b)  The access to health care services required under this

23-11    article includes, but is not limited to:

23-12                (1)  one well-woman examination per year;

23-13                (2)  care related to pregnancy;

23-14                (3)  care for all active gynecological conditions; and

23-15                (4)  diagnosis, treatment, and referral for any disease

23-16    or condition within the scope of the professional practice of a

23-17    properly credentialed obstetrician or gynecologist.

23-18          (c)  A health benefit plan may not impose a copayment or

23-19    deductible for direct access to the health care services of an

23-20    obstetrician or gynecologist under this section unless such an

23-21    additional cost is imposed for access to other health care services

23-22    provided under the plan.

23-23          (d)  This section does not affect the authority of a health

23-24    benefit plan to require the designated obstetrician or gynecologist

23-25    to forward information concerning the medical care of the patient

 24-1    to the primary care physician; however, failure to provide such

 24-2    information shall not result in any penalty, financial or

 24-3    otherwise, being imposed upon the obstetrician or gynecologist or

 24-4    the patient by the health benefit plan.

 24-5          (e)  In implementing the access required under Section 3 of

 24-6    this article, a health benefit plan may limit a woman enrolled in

 24-7    the plan to self-referral to one participating obstetrician and

 24-8    gynecologist for both gynecological care and obstetrical care.

 24-9    This subsection does not affect the right of the woman to select

24-10    the physician who provides that care.

24-11          (f)  A health benefit plan shall not sanction or terminate

24-12    primary care physicians as a result of female enrollees' access to

24-13    participating obstetricians and gynecologists under this section.

24-14          Sec. 5.  NOTICE.  Each health benefit plan shall provide to

24-15    persons covered by the plan a timely written notice in clear and

24-16    accurate language of the direct access to health care services

24-17    required by this article.

24-18          Sec. 6.  RULES.  The commissioner shall adopt rules as

24-19    necessary to implement this article.

24-20          Sec. 7.  ADMINISTRATIVE PENALTY.  An insurance company,

24-21    health maintenance organization, or other entity that operates a

24-22    health benefit plan in violation of this article is subject to an

24-23    administrative penalty as provided by Article 1.10E of this code.

24-24          Art. 21.53E.  COVERAGE FOR MINIMUM INPATIENT STAY IN HEALTH

24-25    CARE FACILITY

 25-1          Sec. 1.  DEFINITIONS.  In this article:

 25-2                (1)  "Health benefit plan" means a plan that is offered

 25-3    by any insurer that provides benefits for medical or surgical

 25-4    expenses incurred as a result of a health condition, accident, or

 25-5    sickness or that is offered by any insurance company, group

 25-6    hospital service corporation subject to Chapter 20 of this code,

 25-7    fraternal benefit society subject to Chapter 10 of this code,

 25-8    stipulated premium insurance company subject to Chapter 22 of this

 25-9    code, health maintenance organization subject to the Texas Health

25-10    Maintenance Organization Act (Chapter 20A, Vernon's Texas Insurance

25-11    Code), or multiple employer welfare arrangement subject to Article

25-12    3.95-1 of this code that delivers or issues for delivery an

25-13    individual, group, blanket, or franchise insurance policy,

25-14    certificate of insurance agreement, a group hospital service

25-15    contract, or individual evidence of coverage.  The term does not

25-16    include:

25-17                      (A)  a plan that provides coverage:

25-18                            (i)  only for accidental death or

25-19    dismemberment or a specified disease;

25-20                            (ii)  for wages or payments in lieu of

25-21    wages for a period during which an employee is absent from work

25-22    because of sickness or injury; or

25-23                            (iii)  as a supplement to liability

25-24    insurance;

25-25                      (B)  a Medicare supplemental policy as defined by

 26-1    Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss);

 26-2                      (C)  workers' compensation insurance coverage;

 26-3                      (D)  medical payment insurance issued as part of

 26-4    a motor vehicle insurance policy; or

 26-5                      (E)  a long-term care policy, including a nursing

 26-6    home fixed indemnity policy.

 26-7                (2)  "Provider" means a physician or other

 26-8    appropriately licensed health care provider acting within the scope

 26-9    of the physician's or other provider's license who attends an

26-10    individual who has given birth or who attends the newborn child.

26-11          Sec. 2.  REQUIRED COVERAGE FOR MINIMUM INPATIENT STAY

26-12    FOLLOWING BIRTH; EXCEPTION.  (a)  A health benefit plan that

26-13    provides maternity benefits, including benefits for childbirth,

26-14    must:

26-15                (1)  include coverage for patient care for a mother and

26-16    her newborn child in a health care facility for a minimum of:

26-17                      (A)  48 hours following a vaginal delivery; and

26-18                      (B)  96 hours following a delivery by caesarean

26-19    section; and

26-20                (2)  provide for maternity and pediatric care in

26-21    accordance with guidelines established by the American College of

26-22    Obstetricians and Gynecologists, the American Academy of

26-23    Pediatrics, or other established medical associations.

26-24          (b)  Notwithstanding Subsection (a) of this section, the

26-25    hospital length of stay shall be left to the decision of the

 27-1    provider in consultation with the mother.

 27-2          Sec. 3.  RULES.  The commissioner shall adopt rules as

 27-3    necessary to administer this article.

 27-4          SECTION 8.  This Act takes effect July 1, 1997, and, except

 27-5    as provided by Sections 9 and 10 of this Act, applies only to an

 27-6    insurance policy, contract, or evidence of coverage that is issued,

 27-7    delivered, or renewed on or after the effective date of this Act.

 27-8    A policy, contract, or evidence of coverage that is issued,

 27-9    delivered, or renewed before July 1, 1997, is governed by the law

27-10    as it existed immediately before the effective date of this Act,

27-11    and that law is continued in effect for that purpose.

27-12          SECTION 9.  The requirements of Article 3.51-15, Insurance

27-13    Code, as added by Section 3 of this Act, apply to an insurance

27-14    policy or evidence of coverage that is issued, delivered, or

27-15    renewed on or after January 1, 1998.

27-16          SECTION 10.  The requirements of Articles 21.53D and 21.53E,

27-17    Insurance Code, as added by Section 7 of this Act, apply to an

27-18    insurance policy or evidence of coverage that is issued, delivered,

27-19    or renewed on or after January 1, 1998.

27-20          SECTION 11.  The importance of this legislation and the

27-21    crowded condition of the calendars in both houses create an

27-22    emergency and an imperative public necessity that the

27-23    constitutional rule requiring bills to be read on three several

27-24    days in each house be suspended, and this rule is hereby suspended,

27-25    and that this Act take effect and be in force according to its

 28-1    terms, and it is so enacted.