1-1     By:  Averitt, Thompson, et al.                         H.B. No. 949
 1-2          (Senate Sponsor - Fraser)
 1-3           (In the Senate - Received from the House May 11, 2001;
 1-4     May 11, 2001, read first time and referred to Committee on Business
 1-5     and Commerce; May 11, 2001, reported favorably by the following
 1-6     vote:  Yeas 5, Nays 0; May 11, 2001, sent to printer.)
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to premium rates for certain small employer health benefit
1-10     plans.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1. Article 26.02, Insurance Code, is amended by
1-13     amending Subsections (28)-(32) and adding Subsections (33) and (34)
1-14     to read as follows:
1-15                 (28)  "Risk characteristic" means:
1-16                       (A)  a health status related factor;
1-17                       (B)  the duration of coverage; or
1-18                       (C)  any characteristic similar to a
1-19     characteristic described by Paragraph (A) or (B) of this
1-20     subdivision that is related to the health status or experience of a
1-21     small employer group or of any member of a small employer group.
1-22                 (29)  "Risk load" means the percentage above the
1-23     applicable base premium rate a small employer carrier charges to a
1-24     small employer to reflect the risk characteristics associated with
1-25     that particular small employer group.
1-26                 (30)  "Small employer" means an employer who employed
1-27     an average of at least two but not more than 50 eligible employees
1-28     on business days during the preceding calendar year and who employs
1-29     at least two eligible employees on the first day of the plan year.
1-30     For purposes of this definition, a partnership is the employer of a
1-31     partner.  A small employer includes a governmental entity subject
1-32     to Section 1, Chapter 123, Acts of the 60th Legislature, Regular
1-33     Session, 1967 (Article 3.51-3, Vernon's Texas Insurance Code), or
1-34     Article 3.51-1, 3.51-2, 3.51-4, 3.51-5, or 3.51-5A of this code
1-35     that otherwise meets the requirements of this section and elects to
1-36     be treated as a small employer.
1-37                 (31) [(29)]  "Small employer carrier" means a health
1-38     carrier, to the extent that that carrier is offering, delivering,
1-39     issuing for delivery, or renewing health benefit plans subject to
1-40     Subchapters C-G of this chapter under Article 26.06(a) of this
1-41     code.
1-42                 (32) [(30)]  "Small employer health benefit plan" means
1-43     a plan developed by the commissioner under Subchapter E of this
1-44     chapter or any other health benefit plan offered to a small
1-45     employer in accordance with Article 26.42(c) or 26.48 of this code.
1-46                 (33) [(31)]  "System" means the Texas Health
1-47     Reinsurance System established under Subchapter F of this chapter.
1-48                 (34) [(32)]  "Waiting period" means a period
1-49     established by an employer that must pass before an individual who
1-50     is a potential enrollee in a health benefit plan is eligible to be
1-51     covered for benefits.
1-52           SECTION 2.  Article 26.31, Insurance Code, is amended by
1-53     adding Subsection (g) to read as follows:
1-54           (g)  A small employer carrier may not directly or indirectly
1-55     use as a criterion for establishing a separate class of business:
1-56                 (1)  the number of employees and dependents of a small
1-57     employer; or
1-58                 (2)  except as provided in Subsection (a)(3) of this
1-59     article, the trade or occupation of the employees of a small
1-60     employer or the industry or type of business of the small employer.
1-61           SECTION 3.  Article 26.32, Insurance Code, is amended by
1-62     adding Subsections (d) and (e) to read as follows:
1-63           (d)  Small employer carriers shall develop premium rates for
1-64     each small employer group in a two-step process.  In the first
 2-1     step, the small employer carrier shall develop a base premium rate
 2-2     for each small employer group without regard to any risk
 2-3     characteristic of the group.  In the second step, the small
 2-4     employer carrier may adjust the resulting base premium rate by the
 2-5     risk load of the group, subject to the provisions of this
 2-6     subchapter, to reflect the risk characteristics of the group.
 2-7           (e)  The risk load assessed to a particular group shall
 2-8     reflect the risk characteristics of the particular group.
 2-9           SECTION 4. Article 26.33, Insurance Code, is amended by
2-10     amending Subsection (d) and adding Subsection (e) to read as
2-11     follows:
2-12           (d)  A small employer carrier may use the number of employees
2-13     and dependents of a small employer as a case characteristic in
2-14     establishing premium rates for the group.  The highest rate factor
2-15     associated with a classification based on the number of employees
2-16     and dependents of a small employer may not exceed by more than 20
2-17     percent the lowest rate factor associated with a classification
2-18     based on the number of employees and dependents of a small
2-19     employer.
2-20           (e)  A small employer carrier may establish premium
2-21     discounts, rebates, or a reduction in otherwise applicable
2-22     copayments or deductibles in return for adherence to programs of
2-23     health promotion and disease prevention.  A discount, rebate, or
2-24     reduction established under this subsection does not violate
2-25     Section 4(8), Article 21.21, of this code.
2-26           SECTION 5. This Act takes effect September 1, 2001.
2-27           SECTION 6. The importance of this legislation and the crowded
2-28     condition of the calendars in both houses create an emergency and
2-29     an imperative public necessity that the constitutional rule
2-30     requiring bills to be read on three several days in each house be
2-31     suspended, and this rule is hereby suspended.
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