By Shapiro                                       S.B. No. 668

      75R5657 PB-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to coverage under certain group health benefit plans for

 1-3     the diagnosis and treatment of infertility.

 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 21.53I to read as follows:

 1-7           Art. 21.53I.  COVERAGE FOR DIAGNOSIS AND TREATMENT OF

 1-8     INFERTILITY

 1-9           Sec. 1.  DEFINITIONS.   In this article:

1-10                 (1)  "Enrollee" means an insured, a subscriber, an

1-11     employee, a member, or another person covered under a group health

1-12     benefit plan.

1-13                 (2)  "Group health benefit plan" means a group plan

1-14     described by Section 2 of this article.

1-15                 (3)  "Infertility" means:

1-16                       (A)  a disease or condition that causes the

1-17     abnormal function of the female reproductive system, resulting in

1-18     the inability to:

1-19                             (i)  conceive after attempts at conception

1-20     by the use of unprotected sexual intercourse have been made during

1-21     one year; or

1-22                             (ii)  sustain a pregnancy to a live birth;

1-23     or

1-24                       (B)  the presence of another demonstrated

 2-1     condition recognized by a licensed physician as a cause of the

 2-2     inability to conceive or sustain a pregnancy to a live birth.

 2-3                 (4)  "Infertility services" means health care benefits

 2-4     provided to an enrollee to medically treat infertility.  The term

 2-5     includes:

 2-6                       (A)  drug therapy;

 2-7                       (B)  in vitro fertilization;

 2-8                       (C)  uterine embryo lavage;

 2-9                       (D)  embryo transfer;

2-10                       (E)  artificial insemination;

2-11                       (F)  gamete intrafallopian tube transfer;

2-12                       (G)  zygote intrafallopian tube transfer; and

2-13                       (H)  any other medically indicated

2-14     nonexperimental service or procedure that is used to treat

2-15     infertility or induce pregnancy.

2-16                 (5)  "Reproductive health services" means benefits

2-17     provided under a group health benefit plan for pregnancy-related

2-18     services and services associated with the diagnosis and treatment

2-19     of infertility.

2-20           Sec. 2.  SCOPE OF ARTICLE.  (a)  This article applies to a

2-21     group health benefit plan that:

2-22                 (1)  provides benefits for medical or surgical expenses

2-23     incurred as a result of a health condition, accident, or sickness,

2-24     including:

2-25                       (A)  a group, blanket, or franchise insurance

2-26     policy or insurance agreement, a group hospital service contract,

2-27     or a group evidence of coverage that is offered by:

 3-1                             (i)  an insurance company;

 3-2                             (ii)  a group hospital service corporation

 3-3     operating under Chapter 20 of this code;

 3-4                             (iii)  a fraternal benefit society

 3-5     operating under Chapter 10 of this code;

 3-6                             (iv)  a stipulated premium insurance

 3-7     company operating under Chapter 22 of this code; or

 3-8                             (v)  a health maintenance organization

 3-9     operating under the Texas Health Maintenance Organization Act

3-10     (Chapter 20A, Vernon's Texas Insurance Code); and

3-11                       (B)  to the extent permitted by the Employee

3-12     Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et

3-13     seq.), a health benefit plan that is offered by:

3-14                             (i)  a multiple employer welfare

3-15     arrangement as defined by Section 3, Employee Retirement Income

3-16     Security Act of 1974 (29 U.S.C. Section 1002); or

3-17                             (ii)  another analogous benefit

3-18     arrangement;

3-19                 (2)  is offered by an approved nonprofit health

3-20     corporation that is certified under Section 5.01(a), Medical

3-21     Practice Act (Article 4495b, Vernon's Texas Civil Statutes), and

3-22     that holds a certificate of authority  issued by the commissioner

3-23     under Article 21.52F of this code; or

3-24                 (3)  is offered by any other entity not licensed under

3-25     this code or another insurance law of this state that contracts

3-26     directly for health care services on a risk-sharing basis,

3-27     including an entity that contracts for health care services on a

 4-1     capitation basis.

 4-2           (b)  This article does not apply to:

 4-3                 (1)  a plan that provides coverage:

 4-4                       (A)  only for a specified disease;

 4-5                       (B)  only for accidental death or dismemberment;

 4-6                       (C)  for wages or payments in lieu of wages for a

 4-7     period during which an employee is absent from work because of

 4-8     sickness or injury; or

 4-9                       (D)  as a supplement to liability insurance;

4-10                 (2)  a plan written under Chapter 26 of this code;

4-11                 (3)  a Medicare supplemental policy as defined by

4-12     Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss);

4-13                 (4)  workers' compensation insurance coverage;

4-14                 (5)  medical payment insurance issued as part of a

4-15     motor vehicle insurance policy; or

4-16                 (6)  a long-term care policy, including a nursing home

4-17     fixed indemnity policy, unless the commissioner determines that the

4-18     policy provides benefit coverage so comprehensive that the policy

4-19     is a health benefit plan as described by Subsection (a) of this

4-20     section.

4-21           Sec. 3.  APPLICATION.   This article does not apply to a

4-22     group health benefit plan issued to an employer who has fewer than

4-23     25 employees.

4-24           Sec. 4.  COVERAGE REQUIRED.  (a)  Each group health benefit

4-25     plan subject to this article that otherwise provides coverage for

4-26     pregnancy-related services must provide to enrollees covered by the

4-27     plan coverage for:

 5-1                 (1)  diagnostic testing associated with the treatment

 5-2     of infertility; and

 5-3                 (2)  infertility services.

 5-4           (b)  Benefits for the diagnostic testing and infertility

 5-5     services must be provided to the same extent as benefits are

 5-6     provided under the group health benefit plan for other

 5-7     pregnancy-related services.

 5-8           Sec. 5.  LIMITATIONS; REQUIRED CONDITIONS.  (a)  Coverage for

 5-9     diagnostic testing under this article is required only if the

5-10     patient for the procedure is an enrollee or is otherwise covered

5-11     under the group health benefit plan.

5-12           (b)  Coverage for in vitro fertilization, gamete

5-13     intrafallopian tube transfer, or zygote intrafallopian tube

5-14     transfer is required only if:

5-15                 (1)  the patient for the procedure is an enrollee or is

5-16     otherwise covered under the group health benefit plan;

5-17                 (2)  the patient has been unable to sustain a pregnancy

5-18     to live birth through reasonable, less costly, and medically

5-19     appropriate infertility treatments for which coverage is available

5-20     under the group health benefit plan; and

5-21                 (3)  the procedure is performed at a medical facility

5-22     that conforms to guidelines for in vitro fertilization clinics or

5-23     programs established by:

5-24                       (A)  the American College of Obstetricians and

5-25     Gynecologists;

5-26                       (B)  the American Society of Reproductive

5-27     Medicine; or

 6-1                       (C)  another nationally recognized organization

 6-2     of obstetricians and gynecologists.

 6-3           (c)  In addition to the conditions imposed under Subsections

 6-4     (a) and (b) of this section, an enrollee is not entitled to more

 6-5     than two completed oocyte removals.

 6-6           Sec. 6.  REQUIRED NOTICE.  (a)  Each group health benefit

 6-7     plan that offers reproductive health services shall provide written

 6-8     notice to each enrollee in the plan of the coverage provided for

 6-9     those services.   The plan shall provide the notice in accordance

6-10     with rules adopted by the commissioner.

6-11           (b)  The notice required under this section must be

6-12     prominently positioned in any literature or correspondence made

6-13     available or distributed by the group health benefit plan to

6-14     enrollees.

6-15           Sec. 7.  EXEMPTION.  An insurer that is owned by or that is

6-16     part of an entity, group, or order that is directly affiliated with

6-17     a bona fide religious denomination that includes as an integral

6-18     part of its beliefs and practices the tenet that specific

6-19     infertility services are contrary to the moral principles that the

6-20     religious denomination considers to be an essential part of its

6-21     beliefs is exempt from the requirement to offer coverage for that

6-22     particular infertility service.

6-23           SECTION 2.  Section 3A, Article 3.51-6, Insurance Code, is

6-24     repealed.

6-25           SECTION 3.  This Act takes effect September 1, 1997, and

6-26     applies only to an insurance policy or an evidence of coverage that

6-27     is delivered, issued for delivery, or renewed on or after January

 7-1     1, 1998.  A policy or evidence of coverage that is delivered,

 7-2     issued for delivery, or renewed before January 1, 1998, is governed

 7-3     by the law as it existed immediately before the effective date of

 7-4     this Act, and that law is continued in effect for that purpose.

 7-5           SECTION 4.  The importance of this legislation and the

 7-6     crowded condition of the calendars in both houses create an

 7-7     emergency and an imperative public necessity that the

 7-8     constitutional rule requiring bills to be read on three several

 7-9     days in each house be suspended, and this rule is hereby suspended.