By Coleman                                             H.B. No. 760
         77R3376 AJA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to health benefit plan coverage for certain physical
 1-3     injuries that are self-inflicted by a minor.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter E, Chapter 21, Insurance Code, is
 1-6     amended by adding Article 21.53P to read as follows:
 1-7           Art. 21.53P.  COVERAGE FOR CERTAIN SELF-INFLICTED PHYSICAL
 1-8     INJURIES BY MINORS
 1-9           Sec. 1.  DEFINITIONS.  In this article:
1-10                 (1)  "Enrollee" means an individual entitled to
1-11     coverage under a health benefit plan.
1-12                 (2)  "Serious mental illness" means:
1-13                       (A)  the following psychiatric illnesses as
1-14     defined by the American Psychiatric Association's Diagnostic and
1-15     Statistical Manual designated DSM-IV:
1-16                             (i)  schizophrenia;
1-17                             (ii)  paranoid and other psychotic
1-18     disorders;
1-19                             (iii)  bipolar disorders (hypomanic, manic,
1-20     depressive, and mixed);
1-21                             (iv)  major depressive disorders (single
1-22     episode or recurrent);
1-23                             (v)  schizo-affective disorders (bipolar or
1-24     depressive);
 2-1                             (vi)  pervasive developmental disorders;
 2-2                             (vii)  obsessive-compulsive disorders; and
 2-3                             (viii)  depression; or
 2-4                       (B)  a diagnosable behavioral or emotional
 2-5     disorder or a neuropsychiatric condition:
 2-6                             (i)  that results in a serious disability
 2-7     requiring sustained treatment interventions;
 2-8                             (ii)  that is of sufficient duration to
 2-9     meet diagnostic criteria specified in the American Psychiatric
2-10     Association's Diagnostic and Statistical Manual designated DSM-IV;
2-11     and
2-12                             (iii)  with respect to which the person
2-13     exhibits impairment in thought, perception, affect, or behavior
2-14     that substantially interferes with or limits the person's role or
2-15     functioning in the person's community, school, family, or peer
2-16     group.
2-17           Sec. 2.  APPLICABILITY.  (a)  This article applies only to a
2-18     health benefit plan that provides benefits for medical or surgical
2-19     expenses incurred as a result of a health condition, accident, or
2-20     sickness, including an individual, group, blanket, or franchise
2-21     insurance policy or insurance agreement, a group hospital service
2-22     contract, or an individual or group evidence of coverage or similar
2-23     coverage document that is offered by:
2-24                 (1)  an insurance company;
2-25                 (2)  a group hospital service corporation operating
2-26     under Chapter 20 of this code;
2-27                 (3)  a fraternal benefit society operating under
 3-1     Chapter 10 of this code;
 3-2                 (4)  a stipulated premium insurance company operating
 3-3     under Chapter 22 of this code;
 3-4                 (5)  a reciprocal exchange operating under Chapter 19
 3-5     of this code;
 3-6                 (6)  a health maintenance organization operating under
 3-7     the Texas Health Maintenance Organization Act (Chapter 20A,
 3-8     Vernon's Texas Insurance Code);
 3-9                 (7)  a multiple employer welfare arrangement that holds
3-10     a certificate of authority under Article 3.95-2 of this code;
3-11                 (8)  an approved nonprofit health corporation that
3-12     holds a certificate of authority under Article 21.52F of this code;
3-13                 (9)  an agency of the state under:
3-14                       (A)  the Texas Employees Uniform Group Insurance
3-15     Benefits Act (Article 3.50-2, Vernon's Texas Insurance Code);
3-16                       (B)  the Texas State College and University
3-17     Employees Uniform Insurance Benefits Act (Article 3.50-3, Vernon's
3-18     Texas Insurance Code); or
3-19                       (C)  Article 3.50-4 of this code;
3-20                 (10)  a political subdivision under Chapter 172, Local
3-21     Government Code; or
3-22                 (11)  a school district in accordance with Section
3-23     22.004, Education Code.
3-24           (b)  This article does not apply to:
3-25                 (1)  a plan that provides coverage:
3-26                       (A)  for wages or payments in lieu of wages for a
3-27     period during which an employee is absent from work because of
 4-1     sickness or injury;
 4-2                       (B)  as a supplement to a liability insurance
 4-3     policy;
 4-4                       (C)  for credit insurance;
 4-5                       (D)  only for dental or vision care;
 4-6                       (E)  only for hospital expenses; or
 4-7                       (F)  only for indemnity for hospital confinement;
 4-8                 (2)  a small employer health benefit plan written under
 4-9     Chapter 26 of this code, except when an independent school district
4-10     elects to participate in a small employer market in accordance with
4-11     Article 26.036 of this code;
4-12                 (3)  a Medicare supplemental policy as defined by
4-13     Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss),
4-14     as amended;
4-15                 (4)  workers' compensation insurance policy;
4-16                 (5)  medical payment insurance coverage provided under
4-17     a motor vehicle insurance policy; or
4-18                 (6)  a long-term care policy, including a nursing home
4-19     fixed indemnity policy, unless the commissioner determines that the
4-20     policy provides benefit coverage so comprehensive that the policy
4-21     is a health benefit plan as described by Subsection (a) of this
4-22     section.
4-23           Sec. 3.  COVERAGE REQUIRED.  Regardless of whether a health
4-24     benefit plan provides mental health coverage, a health benefit plan
4-25     must provide coverage for an enrollee, from birth through the date
4-26     the enrollee is 18 years of age, for a physical injury to the
4-27     enrollee that is self-inflicted:
 5-1                 (1)  in an attempt to commit suicide, regardless of:
 5-2                       (A)  the state of mental health of the enrollee;
 5-3     or
 5-4                       (B)  whether the injury results in the death of
 5-5     the enrollee; or
 5-6                 (2)  by an enrollee with a serious mental illness.
 5-7           Sec. 4.  DEDUCTIBLE, COINSURANCE, AND COPAYMENT REQUIREMENTS.
 5-8     The benefits required under this article may not be made subject to
 5-9     a deductible, coinsurance, or copayment requirement that exceeds
5-10     the deductible, coinsurance, or copayment requirements applicable
5-11     to other physical injury benefits provided under the health benefit
5-12     plan.
5-13           Sec. 5.  RULES.  The commissioner shall adopt rules as
5-14     necessary to administer this article.
5-15           SECTION 2.  This Act takes effect September 1, 2001, 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, 2002.  A health benefit
5-18     plan that is delivered, issued for delivery, or renewed before
5-19     January 1, 2002, 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.