By Coleman                                            H.B. No. 1406
         76R4851 DLF-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to health benefit plan coverage for certain serious mental
 1-3     illnesses in children.
 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 21.53R to read as follows:
 1-7           Art. 21.53R.  COVERAGE FOR CERTAIN SERIOUS MENTAL ILLNESSES
 1-8     IN CHILDREN
 1-9           Sec. 1.  DEFINITIONS.  In this article:
1-10                 (1)  "Child" means a person younger than 19 years of
1-11     age.
1-12                 (2)  "Health benefit plan" means a health benefit plan
1-13     described by Section 2 of this article.
1-14                 (3)  "Serious mental illness" means:
1-15                       (A)  the following psychiatric illnesses as
1-16     defined by the American Psychiatric Association's Diagnostic and
1-17     Statistical Manual designated DSM-IV-R:
1-18                             (i)  schizophrenia;
1-19                             (ii)  paranoid and other psychotic
1-20     disorders;
1-21                             (iii)  bipolar disorders (hypomanic, manic,
1-22     depressive, and mixed);
1-23                             (iv)  major depressive disorders (single
1-24     episode or recurrent);
 2-1                             (v)  schizo-affective disorders (bipolar or
 2-2     depressive);
 2-3                             (vi)  pervasive developmental disorders;
 2-4                             (vii)  obsessive-compulsive disorders; and
 2-5                             (viii)  depression; or
 2-6                       (B)  a diagnosable behavioral or emotional
 2-7     disorder or a neuropsychiatric condition:
 2-8                             (i)  that results in a serious disability
 2-9     requiring sustained treatment interventions;
2-10                             (ii)  that is of sufficient duration to
2-11     meet diagnostic criteria specified in the American Psychiatric
2-12     Association's Diagnostic and Statistical Manual designated
2-13     DSM-IV-R; and
2-14                             (iii)  with respect to which the person
2-15     exhibits impairment in thought, perception, affect, or behavior
2-16     that substantially interferes with or limits the person's role or
2-17     functioning in the person's community, school, family, or peer
2-18     group.
2-19           Sec. 2.  SCOPE OF ARTICLE.  (a)  This article applies only to
2-20     a health benefit plan that provides benefits for medical or
2-21     surgical expenses incurred as a result of a health condition,
2-22     accident, or sickness, including an individual, group, blanket, or
2-23     franchise insurance policy or insurance agreement, a group hospital
2-24     service contract, or an individual or group evidence of coverage or
2-25     similar coverage document that is offered by:
2-26                 (1)  an insurance company;
2-27                 (2)  a group hospital service corporation operating
 3-1     under Chapter 20 of this code;
 3-2                 (3)  a fraternal benefit society operating under
 3-3     Chapter 10 of this code;
 3-4                 (4)  a stipulated premium insurance company operating
 3-5     under Chapter 22 of this code;
 3-6                 (5)  a reciprocal exchange operating under Chapter 19
 3-7     of this code;
 3-8                 (6)  a health maintenance organization operating under
 3-9     the Texas Health Maintenance Organization Act (Chapter 20A,
3-10     Vernon's Texas Insurance Code);
3-11                 (7)  a small employer carrier under Chapter 26 of this
3-12     code;
3-13                 (8)  a multiple employer welfare arrangement that holds
3-14     a certificate of authority under Article 3.95-2 of this code; or
3-15                 (9)  an approved nonprofit health corporation that
3-16     holds a certificate of authority issued by the commissioner under
3-17     Article 21.52F of this code.
3-18           (b)  This article does not apply to:
3-19                 (1)  a plan that provides coverage:
3-20                       (A)  only for a specified disease or other
3-21     limited benefit;
3-22                       (B)  only for accidental death or dismemberment;
3-23                       (C)  for wages or payments in lieu of wages for a
3-24     period during which an employee is absent from work because of
3-25     sickness or injury;
3-26                       (D)  as a supplement to liability insurance;
3-27                       (E)  for credit insurance;
 4-1                       (F)  only for dental or vision care;
 4-2                       (G)  only for hospital expenses; or
 4-3                       (H)  only for indemnity for hospital confinement;
 4-4                 (2)  a Medicare supplemental policy as defined by
 4-5     Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss);
 4-6                 (3)  workers' compensation insurance coverage;
 4-7                 (4)  medical payment insurance coverage issued as part
 4-8     of a motor vehicle insurance policy; or
 4-9                 (5)  a long-term care policy, including a nursing home
4-10     fixed indemnity policy, unless the commissioner determines that the
4-11     policy provides benefit coverage so comprehensive that the policy
4-12     is a health benefit plan as described by Subsection (a) of this
4-13     section.
4-14           Sec. 3.  REQUIRED COVERAGE FOR SERIOUS MENTAL ILLNESSES IN
4-15     CHILDREN.  (a)  A health benefit plan:
4-16                 (1)  must provide coverage for an enrollee who is a
4-17     child for the following treatment of serious mental illness in each
4-18     calendar year:
4-19                       (A)  45 days of inpatient treatment; and
4-20                       (B)  60 visits for outpatient treatment,
4-21     including group and individual outpatient treatment;
4-22                 (2)  may not include a lifetime limit on the number of
4-23     days of inpatient treatment or the number of outpatient visits
4-24     covered under the plan; and
4-25                 (3)  must include the same amount limits, deductibles,
4-26     and coinsurance factors for serious mental illness as for physical
4-27     illness.
 5-1           (b)  An issuer of a health benefit plan may not count toward
 5-2     the number of outpatient visits required to be covered under
 5-3     Subsection (a)(1) of this section an outpatient visit for the
 5-4     purpose of medication management and must cover that outpatient
 5-5     visit under the same terms and conditions as it covers outpatient
 5-6     visits for treatment of physical illness.
 5-7           (c)  An issuer of a health benefit plan may provide or offer
 5-8     coverage required under this section through another health benefit
 5-9     plan that is a managed care plan.
5-10           Sec. 4.  CERTAIN CONDITIONS EXCLUDED.  For purposes of this
5-11     article, a child does not suffer from a serious mental illness
5-12     solely because the child:
5-13                 (1)  has mental retardation;
5-14                 (2)  has epilepsy;
5-15                 (3)  commits alcohol or substance abuse or experiences
5-16     a brief period of intoxication; or
5-17                 (4)  commits criminal or delinquent acts.
5-18           SECTION 2.  Section 1(1), Article 3.51-14, Insurance Code, is
5-19     amended to read as follows:
5-20                 (1)  "Serious mental illness" means the following
5-21     psychiatric illnesses as defined by the American Psychiatric
5-22     Association in the Diagnostic and Statistical Manual (DSM):
5-23                       (A)  schizophrenia;
5-24                       (B)  paranoid and other psychotic disorders;
5-25                       (C)  bipolar disorders (hypomanic, manic,
5-26     depressive, and mixed);
5-27                       (D)  major depressive disorders (single episode
 6-1     or recurrent);
 6-2                       (E)  schizo-affective disorders (bipolar or
 6-3     depressive);
 6-4                       (F)  pervasive developmental disorders; and
 6-5                       (G)  obsessive-compulsive disorders[; and]
 6-6                       [(H)  depression in childhood and adolescence].
 6-7           SECTION 3.  Article 3.51-14, Insurance Code, is amended by
 6-8     adding Section 6 to read as follows:
 6-9           Sec. 6.   COVERAGE FOR CHILDREN EXCLUDED.  This article does
6-10     not apply to coverage for an enrollee younger than 19 years of age.
6-11           SECTION 4.   This Act takes effect September 1, 1999.
6-12           SECTION 5.  This Act applies only to a health benefit plan
6-13     that is delivered, issued for delivery, or renewed on or after
6-14     January 1, 2000.  A health benefit plan that is delivered, issued
6-15     for delivery, or renewed before January 1, 2000, is governed by the
6-16     law as it existed immediately before the effective date of this
6-17     Act, and that law is continued in effect for that purpose.
6-18           SECTION 6.  The importance of this legislation and the
6-19     crowded condition of the calendars in both houses create an
6-20     emergency and an imperative public necessity that the
6-21     constitutional rule requiring bills to be read on three several
6-22     days in each house be suspended, and this rule is hereby suspended.