1-1                                   AN ACT
 1-2     relating to health benefits coverage of grandchildren.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 1(b), Article 3.51-6, Insurance Code, is
 1-5     amended to read as follows:
 1-6           (b)  The spouse and dependents of employees or members,
 1-7     including a dependent grandchild of an employee or member who is
 1-8     less than 21 years old and living with and in the household of the
 1-9     employee or member, referred to in Subdivisions (a)(1) through
1-10     (a)(6) of this section may be included within the coverage provided
1-11     in a group policy.  For purposes of this subsection, a grandchild
1-12     of an employee or member is a dependent of the employee or member,
1-13     regardless of whether the employee or member treats the grandchild
1-14     as a dependent for federal income tax purposes.
1-15           SECTION 2. Section 3E(b), Article 3.51-6, Insurance Code, is
1-16     amended to read as follows:
1-17           (b)  A health insurance policy that provides coverage for a
1-18     child of the policyholder must upon payment of a premium provide
1-19     coverage for any children of the policyholder's child if those
1-20     children are dependents of the policyholder.  For purposes of this
1-21     subsection, a child of the policyholder's child is a dependent of
1-22     the policyholder regardless of whether the policyholder treats the
1-23     child as a dependent for federal income tax purposes.
1-24           SECTION 3.  Section 2(A), Chapter 397, Acts of the 54th
 2-1     Legislature, Regular Session, 1955 (Article 3.70-2, Vernon's Texas
 2-2     Insurance Code), is amended to read as follows:
 2-3           (A)  No policy of accident and sickness insurance shall be
 2-4     delivered or issued for delivery to any person in this state
 2-5     unless:
 2-6                 (1)  the entire money and other consideration therefor
 2-7     are expressed therein or in the application, if it is made a part
 2-8     of the policy; and
 2-9                 (2)  the time at which the insurance takes effect and
2-10     terminates is expressed therein; and
2-11                 (3)  it purports to insure only one person, except that
2-12     a policy may insure, originally or by subsequent amendment, upon
2-13     the application of an adult member of a family who shall be deemed
2-14     the policy holder, any two or more eligible members of that family,
2-15     including:
2-16                       (a)  the spouse of the policy holder;
2-17                       (b)  a dependent child of the policy holder or
2-18     any child under a specified age that may not exceed 25 years of
2-19     age;
2-20                       (c)  [husband, wife, dependent children,
2-21     including] a dependent grandchild of the policy holder who is less
2-22     than 21 years old and living with and in the household of the
2-23     policy holder; provided that, for purposes of this paragraph, a
2-24     grandchild  of a policy holder is a dependent of the policy holder
2-25     regardless of whether the policy holder treats the grandchild as a
2-26     dependent for federal income tax purposes;
2-27                       (d)  [or any children under a specified age which
 3-1     shall not exceed twenty-five years,] a child the policy holder is
 3-2     required to insure under a medical support order issued under
 3-3     Chapter 154 [Section 14.061], Family Code, or enforceable by a
 3-4     court in this state;[,] and
 3-5                       (e)  any other person dependent upon the policy
 3-6     holder; and
 3-7                 (4)  the style, arrangement and over-all appearance of
 3-8     the policy gives no undue prominence to any portion of the text,
 3-9     and unless every printed portion of the text of the policy and of
3-10     any endorsements or attached papers (except copies of applications
3-11     and identification cards) are plainly printed in lightfaced type of
3-12     a style in general use, the size of which shall be uniform and not
3-13     less than ten-point with a lower-case unspaced alphabet length not
3-14     less than one hundred and twenty-point (the "text" shall include
3-15     all printed matter except the name and address of the insurer, name
3-16     or title of the policy, the brief description, if any, and captions
3-17     and subcaptions); and
3-18                 (5)  the exceptions and reductions of indemnity are set
3-19     forth in the policy and, except those which are set forth in
3-20     Section 3 of this Act, are printed, at the insurer's option, either
3-21     included with the benefit provision to which they apply, or under
3-22     an appropriate caption such as "Exceptions" or "Exceptions and
3-23     Reductions";  provided that if an exception or reduction
3-24     specifically applies only to a particular benefit of the policy, a
3-25     statement of such exception or reduction shall be included with the
3-26     benefit provision to which it applies; and
3-27                 (6)  each such form, including riders and endorsements,
 4-1     shall be identified by a form number in the lower left-hand corner
 4-2     of the first page thereof; and
 4-3                 (7)  it contains no provision purporting to make any
 4-4     portion of the charter, rules, constitution, or bylaws of the
 4-5     insurer a part of the policy unless such portion is set forth in
 4-6     full in the policy, except in the case of the incorporation of, or
 4-7     reference to, a statement of rates or classification of risks, or
 4-8     shortrate table filed with the Board; and
 4-9                 (8)  it shall have printed thereon or attached thereto
4-10     a notice stating in substance that the person to whom the policy is
4-11     issued shall be permitted to return the policy within ten (10) days
4-12     of its delivery to such person and to have the premium paid
4-13     refunded if, after examination of the policy, such person is not
4-14     satisfied with it for any reason.  If such person pursuant to such
4-15     notice, returns the policy to the insurer at its home or branch
4-16     office or to the agent through whom it was purchased, it shall be
4-17     void from the beginning and the parties shall be in the same
4-18     position as if no policy had been issued.  This subdivision shall
4-19     not apply to single premium nonrenewable policies.
4-20           SECTION 4.  Section 2(L), Chapter 397, Acts of the 54th
4-21     Legislature, Regular Session, 1955 (Article 3.70-2, Vernon's Texas
4-22     Insurance Code), is amended to read as follows:
4-23           (L)  An individual or group policy of accident and sickness
4-24     insurance that is delivered, issued for delivery, or renewed in
4-25     this state, including a policy issued by a company subject to
4-26     Chapter 20, Insurance Code, evidence of coverage issued by a health
4-27     maintenance organization subject to the Texas Health Maintenance
 5-1     Organization Act (Chapter 20A, Vernon's Texas Insurance Code), and
 5-2     a self-funded or self-insured welfare or benefit plan or program to
 5-3     the extent that regulation of the plan or program is not preempted
 5-4     by federal law that provides coverage for a child of the
 5-5     policyholder, must provide coverage upon payment of a premium for:
 5-6                 (1)  any children of the policyholder's child if those
 5-7     children are dependents of the policyholder; provided that, for
 5-8     purposes of this subdivision, a grandchild  of a policyholder is a
 5-9     dependent of the policyholder regardless of whether the
5-10     policyholder treats the grandchild as a dependent for federal
5-11     income tax purposes; or
5-12                 (2)  [for] a child for whom the group member or insured
5-13     must provide medical support under an order issued under Chapter
5-14     154 [Section 14.061], Family Code, or enforceable by a court in
5-15     this state.
5-16           SECTION 5.  Section 9(k), Texas Health Maintenance
5-17     Organization Act (Article 20A.09, Vernon's Texas Insurance Code)
5-18     (former Subsection (j)), as amended by  Chapters 905 and 1026, Acts
5-19     of the 75th Legislature, Regular Session, 1997, is redesignated as
5-20     Section 9H, Texas Health Maintenance Organization Act (Article
5-21     20A.9H, Vernon's Texas Insurance Code), and amended to read as
5-22     follows:
5-23           Sec. 9H.  DEPENDENT GRANDCHILDREN.  (a)  [(k) (r)] A health
5-24     maintenance organization may provide benefits under a health care
5-25     plan to a dependent grandchild of an enrollee when the dependent
5-26     grandchild is less than 21 years old and living with and in the
5-27     household of the enrollee.
 6-1           (b)  For purposes of this section, a grandchild of an
 6-2     enrollee is a dependent, regardless of whether the enrollee treats
 6-3     the grandchild as a dependent for federal income tax purposes.
 6-4           SECTION 6.  This Act applies only to an insurance policy,
 6-5     contract, or evidence of coverage delivered, issued for delivery,
 6-6     or renewed on or after January 1, 2002.  A policy, contract, or
 6-7     evidence of coverage delivered, issued for delivery, or renewed
 6-8     before January 1, 2002, is governed by the law as it existed
 6-9     immediately before the effective date of this Act, and that law is
6-10     continued in effect for that purpose.
6-11           SECTION 7. This Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1066 was passed by the House on April
         24, 2001, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 1066 on May 15, 2001, by a non-record
         vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1066 was passed by the Senate, with
         amendments, on May 10, 2001, by the following vote:  Yeas 29, Nays
         0, 1 present, not voting.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor