By Carona S.B. No. 161 76R3078 DB-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to coverage under certain health benefit plans for 1-3 treatment of a child for an abnormal structure of the body caused 1-4 by certain congenital or developmental defects or diseases. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter E, Chapter 21, Insurance Code, is 1-7 amended by adding Article 21.53W to read as follows: 1-8 Art. 21.53W. COVERAGE FOR CONGENITAL OR DEVELOPMENTAL 1-9 DEFORMITIES AND DISORDERS 1-10 Sec. 1. DEFINITIONS. In this article: 1-11 (1) "Enrollee" means an individual enrolled in a 1-12 health benefit plan. 1-13 (2) "Health benefit plan" means a plan described by 1-14 Section 2(a) of this article. 1-15 Sec. 2. SCOPE OF ARTICLE. (a) This article applies only to 1-16 a health benefit plan that: 1-17 (1) provides benefits for medical or surgical expenses 1-18 incurred as a result of a health condition, accident, or sickness, 1-19 including: 1-20 (A) an individual, group, blanket, or franchise 1-21 insurance policy or insurance agreement, a group hospital service 1-22 contract, or an individual or group evidence of coverage that is 1-23 offered by: 1-24 (i) an insurance company; 2-1 (ii) a group hospital service corporation 2-2 operating under Chapter 20 of this code; 2-3 (iii) a fraternal benefit society 2-4 operating under Chapter 10 of this code; 2-5 (iv) a stipulated premium insurance 2-6 company operating under Chapter 22 of this code; or 2-7 (v) a health maintenance organization 2-8 operating under the Texas Health Maintenance Organization Act 2-9 (Chapter 20A, Vernon's Texas Insurance Code); or 2-10 (B) to the extent permitted by the Employee 2-11 Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et 2-12 seq.), a health benefit plan that is offered by: 2-13 (i) a multiple employer welfare 2-14 arrangement as defined by Section 3, Employee Retirement Income 2-15 Security Act of 1974 (29 U.S.C. Section 1002); 2-16 (ii) any other entity not licensed under 2-17 this code or another insurance law of this state that contracts 2-18 directly for health care services on a risk-sharing basis, 2-19 including an entity that contracts for health care services on a 2-20 capitation basis; or 2-21 (iii) another analogous benefit 2-22 arrangement; or 2-23 (2) is offered by an approved nonprofit health 2-24 corporation that is certified under Section 5.01(a), Medical 2-25 Practice Act (Article 4495b, Vernon's Texas Civil Statutes), and 2-26 that holds a certificate of authority issued by the commissioner 2-27 under Article 21.52F of this code. 3-1 (b) This article does not apply to: 3-2 (1) a plan that provides coverage: 3-3 (A) only for a specified disease or other 3-4 limited benefit; 3-5 (B) only for accidental death or dismemberment; 3-6 (C) for wages or payments in lieu of wages for a 3-7 period during which an employee is absent from work because of 3-8 sickness or injury; 3-9 (D) as a supplement to liability insurance; 3-10 (E) for credit insurance; 3-11 (F) only for dental or vision care; or 3-12 (G) only for indemnity for hospital confinement 3-13 or other hospital expenses; 3-14 (2) a small employer health benefit plan written under 3-15 Chapter 26 of this code; 3-16 (3) a Medicare supplemental policy as defined by 3-17 Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss); 3-18 (4) workers' compensation insurance coverage; 3-19 (5) medical payment insurance issued as part of a 3-20 motor vehicle insurance policy; or 3-21 (6) a long-term care policy, including a nursing home 3-22 fixed indemnity policy, unless the commissioner determines that the 3-23 policy provides benefit coverage so comprehensive that the policy 3-24 is a health benefit plan as described by Subsection (a) of this 3-25 section. 3-26 Sec. 3. COVERAGE REQUIRED. (a) A health benefit plan that 3-27 provides benefits for a family member of an enrollee must provide 4-1 coverage for each covered child described by Subsection (c) of this 4-2 section, from birth through the date the child is 18 years of age, 4-3 for medical procedures, including reconstructive surgery, to treat 4-4 abnormal structures of the body caused by congenital defects, 4-5 developmental deformities, trauma, tumors, infections, or disease 4-6 if the treatment is necessary in the opinion of the treating 4-7 physician to: 4-8 (1) improve the function of the structure; or 4-9 (2) create a more normal appearance, to the extent 4-10 possible by the procedure, even if the procedure does not 4-11 materially affect the function of the structure that is the subject 4-12 of treatment. 4-13 (b) Coverage under this article must include medically 4-14 necessary secondary and follow-up treatment. 4-15 (c) A child is entitled to benefits under this section if 4-16 the child, as a result of the child's relationship to the enrollee 4-17 in the health benefit plan, would be entitled to benefits under an 4-18 accident and sickness insurance policy under Subsection (K), (L), 4-19 or (M), Section 2, Chapter 397, Acts of the 54th Legislature, 4-20 Regular Session, 1955 (Article 3.70-2, Vernon's Texas Insurance 4-21 Code). 4-22 Sec. 4. PREEXISTING CONDITION RESTRICTION PROHIBITED. The 4-23 benefits required under this article may not be made subject to a 4-24 provision that denies, excludes, or limits coverage of those 4-25 benefits for a specified period after the effective date of 4-26 coverage. 4-27 Sec. 5. DEDUCTIBLE, COINSURANCE, AND COPAYMENT REQUIREMENTS. 5-1 The benefits required under this article may not be made subject to 5-2 a deductible, coinsurance, or copayment requirement that exceeds 5-3 the deductible, coinsurance, or copayment requirements applicable 5-4 to other similar benefits provided under the health benefit plan. 5-5 Sec. 6. LIMITATIONS. A health benefit plan is not required 5-6 to provide coverage under this article for cosmetic surgery 5-7 procedures performed to reshape normal healthy structures of the 5-8 body solely to improve an enrollee's appearance or self-esteem. 5-9 Sec. 7. NOTICE. In accordance with rules adopted by the 5-10 commissioner, each health benefit plan shall provide to each 5-11 enrollee under the plan written notice regarding the coverage 5-12 required by this article. 5-13 Sec. 8. RULES. The commissioner shall adopt rules as 5-14 necessary to administer this article. 5-15 SECTION 2. This Act takes effect September 1, 1999, and 5-16 applies only to a health benefit plan that is delivered, issued for 5-17 delivery, or renewed on or after January 1, 2000. A health benefit 5-18 plan that is delivered, issued for delivery, or renewed before 5-19 January 1, 2000, is governed by the law as it existed immediately 5-20 before the effective date of this Act, and that law is continued in 5-21 effect for that purpose. 5-22 SECTION 3. The importance of this legislation and the 5-23 crowded condition of the calendars in both houses create an 5-24 emergency and an imperative public necessity that the 5-25 constitutional rule requiring bills to be read on three several 5-26 days in each house be suspended, and this rule is hereby suspended.