1-1     By:  Shapleigh                                         S.B. No. 497
 1-2           (In the Senate - Filed February 12, 1999; February 15, 1999,
 1-3     read first time and referred to Committee on Economic Development;
 1-4     April 23, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 5, Nays 0; April 23, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 497               By:  Armbrister
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the application of the preexisting condition provisions
1-11     of certain health benefit plans.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Paragraph (a), Subdivision (4), Subsection (H),
1-14     Section 1, Chapter 397, Acts of the 54th Legislature, Regular
1-15     Session, 1955 (Article 3.70-1, Vernon's Texas Insurance Code), is
1-16     amended to read as follows:
1-17                       (a)  A preexisting condition provision in an
1-18     individual health insurance policy shall not apply to an individual
1-19     who was continuously covered for an aggregate period of 18 months
1-20     by creditable coverage that was in effect up to a date not more
1-21     than 105 [63] days before the effective date of the individual
1-22     coverage, excluding any waiting period, and whose most recent
1-23     creditable coverage was under a group health plan, governmental
1-24     plan, or church plan.
1-25           SECTION 2.  Subsection (a), Section 10, Article 3.77,
1-26     Insurance Code, is amended to read as follows:
1-27           (a)  Any individual person who is and continues to be a
1-28     resident of Texas and a citizen of the United States shall be
1-29     eligible for coverage from the pool if evidence is provided of:
1-30                 (1)  a notice of rejection or refusal to issue
1-31     substantially similar insurance for health reasons by two insurers.
1-32     A rejection or refusal by an insurer offering only stop-loss,
1-33     excess loss, or reinsurance coverage with respect to the applicant
1-34     shall not be sufficient evidence under this subsection;
1-35                 (2)  an offer to issue insurance only with conditional
1-36     riders;
1-37                 (3)  a refusal by an insurer to issue insurance except
1-38     at a rate exceeding the pool rate;
1-39                 (4)  the individual's maintenance of health insurance
1-40     coverage for the previous 18 months with no gap in coverage greater
1-41     than 105 [63] days of which the most recent coverage was through an
1-42     employer sponsored plan; or
1-43                 (5)  diagnosis of the individual with one of the
1-44     medical or health conditions listed by the board under Section 6(c)
1-45     of this article and for which a person shall be eligible for pool
1-46     coverage without applying for health insurance coverage.
1-47           SECTION 3.  Subsection (b), Section 12, Article 3.77,
1-48     Insurance Code, is amended to read as follows:
1-49           (b)  A preexisting condition provision shall not apply to an
1-50     individual who was continuously covered for an aggregate period of
1-51     12 months by health insurance that was in effect up to a date not
1-52     more than 105 [63] days before the effective date of coverage under
1-53     the pool, excluding any waiting period, provided that the
1-54     application for pool coverage is made no later than 105 [63] days
1-55     following the termination of coverage.
1-56           SECTION 4.  Subsection (e), Article 3.95-4.8, Insurance Code,
1-57     is amended to read as follows:
1-58           (e)  A preexisting condition provision in a multiple employer
1-59     welfare arrangement's plan document may not apply to an individual
1-60     who was continuously covered for an aggregate period of 12 months
1-61     under creditable coverage that was in effect up to a date not more
1-62     than 105 [63] days before the effective date of coverage under the
1-63     health benefit plan, excluding any waiting period.
1-64           SECTION 5.  Subsection (e), Article 26.49, Insurance Code, is
 2-1     amended to read as follows:
 2-2           (e)  A preexisting condition provision in a small employer
 2-3     health benefit plan may not apply to an individual who was
 2-4     continuously covered for an aggregate period of 12 months under
 2-5     creditable coverage that was in effect up to a date not more than
 2-6     105 [63] days before the effective date of coverage under the small
 2-7     employer health benefit plan, excluding any waiting period.
 2-8           SECTION 6.  Subsection (e), Article 26.90, Insurance Code, is
 2-9     amended to read as follows:
2-10           (e)  A preexisting condition provision in a large employer
2-11     health benefit plan shall not apply to an individual who was
2-12     continuously covered for an aggregate period of 12 months under
2-13     creditable coverage that was in effect up to a date not more than
2-14     105 [63] days before the effective date of coverage under the large
2-15     employer health benefit plan, excluding any waiting period.
2-16           SECTION 7.  This Act takes effect September 1, 1999, and
2-17     applies only to the application of a preexisting condition
2-18     provision in a health benefit plan that is delivered, issued for
2-19     delivery, or renewed on or after January 1, 2000.  A preexisting
2-20     condition provision in a health benefit plan that is delivered,
2-21     issued for delivery, or renewed before January 1, 2000, is governed
2-22     by the law as it existed immediately before the effective date of
2-23     this Act, and that law is continued in effect for that purpose.
2-24           SECTION 8.  The importance of this legislation and the
2-25     crowded condition of the calendars in both houses create an
2-26     emergency and an imperative public necessity that the
2-27     constitutional rule requiring bills to be read on three several
2-28     days in each house be suspended, and this rule is hereby suspended.
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