By Farabee                                            H.B. No. 2495
         76R7522 DLF-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the use of a prescription drug formulary by a group
 1-3     health benefit plan.
 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 21.52J to read as follows:
 1-7           Art. 21.52J.  USE OF PRESCRIPTION DRUG FORMULARY BY GROUP
 1-8     HEALTH BENEFIT PLAN
 1-9           Sec. 1.  DEFINITION.  In this article, "group health benefit
1-10     plan" means a health benefit plan described by Section 2 of this
1-11     article.
1-12           Sec. 2.  SCOPE OF ARTICLE.  (a)  This article applies only to
1-13     a group health benefit plan that provides benefits for medical or
1-14     surgical expenses incurred as a result of a health condition,
1-15     accident, or sickness, including a group, blanket, or franchise
1-16     insurance policy or insurance agreement, a group hospital service
1-17     contract, or a group contract or similar coverage document that is
1-18     offered by:
1-19                 (1)  an insurance company;
1-20                 (2)  a group hospital service corporation operating
1-21     under Chapter 20 of this code;
1-22                 (3)  a fraternal benefit society operating under
1-23     Chapter 10 of this code;
1-24                 (4)  a stipulated premium insurance company operating
 2-1     under Chapter 22 of this code;
 2-2                 (5)  a reciprocal exchange operating under Chapter 19
 2-3     of this code;
 2-4                 (6)  a health maintenance organization operating under
 2-5     the Texas Health Maintenance Organization Act (Chapter 20A,
 2-6     Vernon's Texas Insurance Code);
 2-7                 (7)  a multiple employer welfare arrangement that holds
 2-8     a certificate of authority under Article 3.95-2 of this code; or
 2-9                 (8)  an approved nonprofit health corporation  that
2-10     holds a certificate of authority issued by the commissioner under
2-11     Article 21.52F of this code.
2-12           (b)  This article does not apply to:
2-13                 (1)  a plan that provides coverage:
2-14                       (A)  only for a specified disease or other
2-15     limited benefit;
2-16                       (B)  only for accidental death or dismemberment;
2-17                       (C)  for wages or payments in lieu of wages for a
2-18     period during which an employee is absent from work because of
2-19     sickness or injury;
2-20                       (D)  as a supplement to liability insurance;
2-21                       (E)  for credit insurance;
2-22                       (F)  only for dental or vision care;
2-23                       (G)  only for hospital expenses; or
2-24                       (H)  only for indemnity for hospital confinement;
2-25                 (2)  a small employer health benefit plan written under
2-26     Chapter 26 of this code;
2-27                 (3)  a Medicare supplemental policy as defined by
 3-1     Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss),
 3-2     as amended;
 3-3                 (4)  workers' compensation insurance coverage;
 3-4                 (5)  medical payment insurance coverage issued as part
 3-5     of a motor vehicle insurance policy; or
 3-6                 (6)  a long-term care policy, including a nursing home
 3-7     fixed indemnity policy, unless the commissioner determines that the
 3-8     policy provides benefit coverage so comprehensive that the policy
 3-9     is a health benefit plan as described by Subsection (a) of this
3-10     section.
3-11           Sec. 3.  CHANGES TO PRESCRIPTION DRUG FORMULARY; CONTINUATION
3-12     OF BENEFITS REQUIRED. (a)  A group health benefit plan that covers
3-13     prescription drugs, uses a formulary to specify which prescription
3-14     drugs the plan will cover, and removes from its formulary a
3-15     prescription drug that the plan had previously included in the
3-16     formulary for a medical condition, shall continue to provide
3-17     benefits for the drug for an enrollee if the enrollee's prescribing
3-18     health care provider:
3-19                 (1)  prescribed the drug for the enrollee before the
3-20     drug was removed from the formulary; and
3-21                 (2)  continues to prescribe the drug for the same
3-22     condition.
3-23           (b)  A group health benefit plan must continue to cover the
3-24     drug for the enrollee under Subsection (a)  of this section until
3-25     the enrollee's plan renewal date.
3-26           Sec. 4.  RULES. The commissioner may adopt rules to implement
3-27     this article.
 4-1           SECTION 2.  This Act takes effect September 1, 1999, and
 4-2     applies only to a group health benefit plan that is delivered,
 4-3     issued for delivery, or renewed on or after January 1, 2000.  A
 4-4     group health benefit plan delivered, issued for delivery, or
 4-5     renewed before January 1, 2000, is governed by the law as it
 4-6     existed immediately before the effective date of this Act, and that
 4-7     law is continued in effect for that purpose.
 4-8           SECTION 3.  The importance of this legislation and the
 4-9     crowded condition of the calendars in both houses create an
4-10     emergency and an imperative public necessity that the
4-11     constitutional rule requiring bills to be read on three several
4-12     days in each house be suspended, and this rule is hereby suspended.