SRC-EPT, TBR S.B. 1637 77(R)BILL ANALYSIS Senate Research CenterS.B. 1637 By: Bernsen Business & Commerce 6/14/2001 Enrolled DIGEST AND PURPOSE Many citizens in Texas are without insurance. In some instances uninsured or underinsured Texans purchase "prescription health insurance" or "cash discount" cards that purport to be insurance or to offer discounts on health purchases, yet have no contractual obligation to do either. Such cards may look like prescription insurance cards, and may be sold for $7-$20 per month, but provide no benefits. S.B. 1637 prohibits the selling or distributing of any card or other device that is not insurance yet purports to offer insurance coverage or discounts on health purchases. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 17.46(b), Business & Commerce Code, to provide that except as provided in Subsection (d) of this section, the term "false, misleading, or deceptive acts or practices" includes, but is not limited to, selling, advertising, or distributing a card which purports to be a prescription drug identification card issued under Section 19A, Article 21.07-6, Insurance Code, in accordance with rules adopted by the commissioner of insurance, which offers a discount on the purchase of health care goods or services from a third party provider, and which is not evidence of insurance coverage unless the discount is authorized under an agreement between the seller of the card and the provider of those goods and services or the discount or card is offered to members of the seller; the seller does not represent that the card provides insurance coverage of any kind; and the discount is not false, misleading, or deceptive. SECTION 2. Effective date: September 1, 2001.