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.