By Averitt                                            H.B. No. 1865
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to participation requirements for small employer health
 1-3     benefit plans and certain definitions relating to health benefit
 1-4     plans.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. SUBCHAPTER A., Chapter 26, Article 26.02,
 1-7     Insurance Code, is amended to read as follows:
 1-8                 (9)  "Collective enrollment" means the total number of
 1-9     all employees enrolled in a health benefit plan offered by a small
1-10     or large employer divided by the collective number of eligible
1-11     employees.
1-12                 (10)  "Collective number of eligible employees" of a
1-13     small or large employer means the total number of eligible
1-14     employees plus the number of employees not eligible because they
1-15     are covered under another health benefit plan issued to or
1-16     sponsored by the small or large employer.
1-17                 [(9)] (11)  "Eligible employee" means an employee who
1-18     works on a full-time basis and who usually works at least 30 hours
1-19     a week.  The term also includes a sole proprietor, a partner, and
1-20     an independent contractor, if the sole proprietor, partner, or
1-21     independent contractor is included as an employee under a health
1-22     benefit plan of a small or large employer.  The term does not
 2-1     include:
 2-2                       (A)  an employee who works on a part-time,
 2-3     temporary, seasonal, or substitute basis; or
 2-4                       (B)  an employee who is covered under:
 2-5                             (i)  another health benefit plan, which
 2-6     includes but is not limited to another health benefit plan issued
 2-7     to or sponsored by the employee's spouse's employer, the employee's
 2-8     former employer, the employee's current employer or any other
 2-9     health benefit plan the employee is covered under;
2-10                             (ii)  a self-funded or self-insured
2-11     employee welfare benefit plan that provides health benefits and
2-12     that is established in accordance with the Employee Retirement
2-13     Income Security Act of 1974 (29 U.S.C. Section 1001 et seq.);
2-14                             (iii)  the Medicaid program if the employee
2-15     elects not to be covered;
2-16                             (iv)  another federal program, including
2-17     the CHAMPUS program or Medicare program, if the employee elects not
2-18     to be covered; or
2-19                             (v)  a benefit plan established in another
2-20     country if the employee elects not to be covered.
2-21           SECTION 2. Chapter 26, Subchapter A, Insurance Code, Section
2-22     (a), Article 26.06 is amended to read as follows.
2-23           (a)  An individual or group health benefit plan is subject to
2-24     Subchapters A[C]-G of this chapter if it provides health care
2-25     benefits covering two or more eligible employees of a small
2-26     employer and if:
 3-1                 (1)  a portion of the premium or benefits is paid by a
 3-2     small employer; or
 3-3                 (2)  the health benefit plan is treated by the employer
 3-4     or by a covered individual as part of a plan or program for the
 3-5     purposes of Section 106 or 162, Internal Revenue Code of 1986 (26
 3-6     U.S.C. Section 106 or 162).
 3-7           SECTION 3. Chapter 26, Subchapter C., Insurance Code,
 3-8     Subsection (b) and Subsection (c), Article 26.21 are amended to
 3-9     read as follows:
3-10           (b)  This article does not impose a statutory mandate of an
3-11     employer contribution to the premium paid to the small employer
3-12     carrier.  However, the small employer carrier may require an
3-13     employer contribution in accordance with the carrier's usual and
3-14     customary practices on all employer group health insurance plans in
3-15     this state.  The premium contribution level shall be applied
3-16     uniformly to each small employer offered or issued coverage by the
3-17     small employer carrier in this state.  If two or more small
3-18     employer carriers participate in a purchasing cooperative
3-19     established under Article 26.14 of this code, the carrier may use
3-20     the contribution requirement established by the purchasing
3-21     cooperative for policies marketed by the cooperative.  Coverage is
3-22     available under a small employer health benefit plan if at least 75
3-23     percent of a small employer's eligible employees elect to be
3-24     covered.  In this article, "eligible employee" does not include an
3-25     employee who neither resides nor works in a geographic service
3-26     area, filed pursuant to Article 26.22(c) of this code, of the small
 4-1     employer carrier.
 4-2           (c)  If a small employer offers multiple health benefit
 4-3     plans, the collective enrollment of all of those plans must be at
 4-4     least 75 percent of the collective number of the small employer's
 4-5     eligible employees or, if applicable, the lower participation level
 4-6     offered by the small employer carrier under Subsection (d) of this
 4-7     article.  A small employer carrier may elect not to offer health
 4-8     benefit plans to a small employer who offers multiple health
 4-9     benefit plans if such plans are to be provided by more than one
4-10     carrier and the small employer carrier would have less than 75
4-11     percent of the small employer's eligible employees, excluding the
4-12     employer's employees enrolled in another health benefit plan
4-13     offered by the employer or not otherwise an eligible employee,
4-14     enrolled in the small employer carrier's health benefit plan unless
4-15     the coverage is provided through a purchasing cooperative.  A small
4-16     employer who elects to make contributions for payment of the
4-17     premium is not required to pay any amount with respect to an
4-18     employee who elects not to be covered.  The small employer may
4-19     elect to pay the premium cost for additional coverage.  This
4-20     chapter does not require a small employer to purchase health
4-21     insurance coverage for the employer's employees.
4-22           SECTION 4. This Act takes effect September 1, 2001, and
4-23     applies only to a health benefit plan that is delivered, issued for
4-24     delivery, or renewed on or after January 1, 2002.  A health benefit
4-25     plan that is delivered, issued for delivery, or renewed before
4-26     January 1, 2002, is governed by the law as it existed immediately
 5-1     before the effective date of this Act, and that law is continued in
 5-2     effect for that purpose.