By Burnam                                             H.B. No. 1676
         77R5105 AJA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to health benefit plan coverage for survivors of traumatic
 1-3     brain injury.
 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 21.53Q to read as follows:
 1-7           Art. 21.53Q.  HEALTH BENEFIT PLAN COVERAGE FOR SURVIVORS OF
 1-8     TRAUMATIC BRAIN INJURY
 1-9           Sec. 1.  APPLICABILITY OF ARTICLE.   (a)  This article
1-10     applies only to a health benefit plan that provides benefits for
1-11     medical or surgical expenses incurred as a result of a health
1-12     condition, accident, or sickness, including an individual, group,
1-13     blanket, or franchise insurance policy or insurance agreement, a
1-14     group hospital service contract, or an individual or group evidence
1-15     of coverage or similar coverage document that is offered by:
1-16                 (1)  an insurance company;
1-17                 (2)  a group hospital service corporation operating
1-18     under Chapter 20 of this code;
1-19                 (3)  a fraternal benefit society operating under
1-20     Chapter 10 of this code;
1-21                 (4)  a stipulated premium insurance company operating
1-22     under Chapter 22 of this code;
1-23                 (5)  a reciprocal exchange operating under Chapter 19
1-24     of this code;
 2-1                 (6)  a health maintenance organization operating under
 2-2     the Texas Health Maintenance Organization Act (Chapter 20A,
 2-3     Vernon's Texas Insurance Code);
 2-4                 (7)  a multiple employer welfare arrangement that holds
 2-5     a certificate of authority under Article 3.95-2 of this code; or
 2-6                 (8)  an approved nonprofit health corporation that
 2-7     holds a certificate of authority under Article 21.52F of this code.
 2-8           (b)  This article applies to a small employer health benefit
 2-9     plan written under Chapter 26 of this code.
2-10           (c)  This article does not apply to:
2-11                 (1)  a plan that provides coverage:
2-12                       (A)  only for benefits for a specified disease or
2-13     for another limited benefit;
2-14                       (B)  only for accidental death or dismemberment;
2-15                       (C)  for wages or payments in lieu of wages for a
2-16     period during which an employee is absent from work because of
2-17     sickness or injury;
2-18                       (D)  as a supplement to a liability insurance
2-19     policy;
2-20                       (E)  for credit insurance;
2-21                       (F)  only for dental or vision care;
2-22                       (G)  only for hospital expenses; or
2-23                       (H)  only for indemnity for hospital confinement;
2-24                 (2)  a Medicare supplemental policy as defined by
2-25     Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss),
2-26     as amended;
2-27                 (3)  a workers' compensation insurance policy;
 3-1                 (4)  medical payment insurance coverage provided under
 3-2     a motor vehicle insurance policy; or
 3-3                 (5)  a long-term care insurance policy, including a
 3-4     nursing home fixed indemnity policy, unless the commissioner
 3-5     determines that the policy provides benefit coverage so
 3-6     comprehensive that the policy is a health benefit plan as described
 3-7     by Subsection (a) of this section.
 3-8           Sec. 2.  LIMITATION OR EXCLUSION OF COVERAGE PROHIBITED.  (a)
 3-9     A health benefit plan may not limit or exclude coverage for
3-10     cognitive therapy, neuropsychological testing or treatment, or
3-11     community reintegration activities necessary as a result of a
3-12     traumatic brain injury.
3-13           (b)  The commissioner shall adopt rules as necessary to
3-14     implement this section.
3-15           Sec. 3.  TRAINING FOR PRECERTIFICATION PERSONNEL REQUIRED.
3-16     The commissioner by rule shall require the issuer of a health
3-17     benefit plan to provide to personnel responsible for
3-18     precertification of coverage under the plan training designed to
3-19     prevent precertification of coverage required under this article
3-20     from being wrongly denied based on a determination that the
3-21     benefits for which precertification of coverage is requested are
3-22     psychiatric benefits rather than medical benefits.
3-23           SECTION 2.  This Act takes effect September 1, 2001, and
3-24     applies only to a health benefit plan delivered, issued for
3-25     delivery, or renewed on or after January 1, 2002.  A health benefit
3-26     plan delivered, issued for delivery, or renewed before January 1,
3-27     2002, is governed by the law in effect immediately before the
 4-1     effective date of this Act, and that law is continued in effect for
 4-2     that purpose.