HBA-NRS C.S.S.B. 427 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 427 By: Lucio Insurance 5/17/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE The type and extent of medical care that is necessary for any given patient is determined by that patient's physician on a case-by-case basis. Many feel that this should be the case for all patients, regardless of their diagnoses. C.S.S.B. 427 prohibits an insurance carrier from denying coverage for treatment, equipment, or therapy to a patient with autism or a pervasive developmental disorder. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the commissioner of insurance in SECTION 1 (Section 4, Article 21.53X, Insurance Code) of this bill. ANALYSIS C.S.S.B. 427 amends the Insurance Code to prohibit a health benefit plan from excluding coverage or denying benefits otherwise available to an enrollee for treatment, equipment, or therapy based on the enrollee's having autism or a pervasive development disorder. The bill requires the commissioner of insurance to adopt rules as necessary to administer this bill. The bill specifies the health benefits plans and coverages to which this bill applies. EFFECTIVE DATE September 1, 2001. The Act applies only to a health benefit plan delivered, issued for delivery, or renewed on or after January 1, 2002. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.S.B. 427 modifies the original bill to include a Lloyd's plan and a plan that provides benefits for mental health or similar services in the list of insurers that are prohibited from excluding or denying coverage or benefits otherwise available to an enrollee for treatment, equipment, or therapy based on the enrollee's having autism or a pervasive developmental disorder.