1-1     By:  Craddick (Senate Sponsor - Bivins)               H.B. No. 2127
 1-2           (In the Senate - Received from the House April 30, 2001;
 1-3     April 30, 2001, read first time and referred to Committee on
 1-4     Business and Commerce; May 11, 2001, reported favorably by the
 1-5     following vote:  Yeas 7, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to unfair discrimination by the issuer of a health benefit
 1-9     plan; providing penalties.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1. Subchapter E, Chapter 21, Insurance Code, is
1-12     amended by adding Article 21.52L to read as follows:
1-13           Art. 21.52L.  DENIAL OF HEALTH BENEFIT PLAN ENROLLMENT BASED
1-14     ON EXISTING COVERAGE PROHIBITED
1-15           Sec. 1.  APPLICABILITY OF ARTICLE.   (a)  This article
1-16     applies only to a health benefit plan that provides benefits for
1-17     medical or surgical expenses incurred as a result of a health
1-18     condition, accident, or sickness, including an individual, group,
1-19     blanket, or franchise insurance policy or insurance agreement, a
1-20     group hospital service contract, or an individual or group evidence
1-21     of coverage or similar coverage document that is offered by:
1-22                 (1)  an insurance company;
1-23                 (2)  a group hospital service corporation operating
1-24     under Chapter 20 of this code;
1-25                 (3)  a fraternal benefit society operating under
1-26     Chapter 10 of this code;
1-27                 (4)  a stipulated premium insurance company operating
1-28     under Chapter 22 of this code;
1-29                 (5)  a reciprocal exchange operating under Chapter 19
1-30     of this code;
1-31                 (6)  a health maintenance organization operating under
1-32     the Texas Health Maintenance Organization Act (Chapter 20A,
1-33     Vernon's Texas Insurance Code);
1-34                 (7)  a multiple employer welfare arrangement that holds
1-35     a certificate of authority under Article 3.95-2 of this code; or
1-36                 (8)  an approved nonprofit health corporation that
1-37     holds a certificate of authority under Article 21.52F of this code.
1-38           (b)  This article applies to a small employer health benefit
1-39     plan written under Chapter 26 of this code.
1-40           (c)  This article does not apply to:
1-41                 (1)  a plan that provides coverage:
1-42                       (A)  only for benefits for a specified disease or
1-43     for another limited benefit;
1-44                       (B)  only for accidental death or dismemberment;
1-45                       (C)  for wages or payments in lieu of wages for a
1-46     period during which an employee is absent from work because of
1-47     sickness or injury;
1-48                       (D)  as a supplement to a liability insurance
1-49     policy;
1-50                       (E)  for credit insurance;
1-51                       (F)  only for dental or vision care;
1-52                       (G)  only for hospital expenses; or
1-53                       (H)  only for indemnity for hospital confinement;
1-54                 (2)  a Medicare supplemental policy as defined by
1-55     Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss),
1-56     as amended;
1-57                 (3)  a workers' compensation insurance policy;
1-58                 (4)  medical payment insurance coverage provided under
1-59     a motor vehicle insurance policy; or
1-60                 (5)  a long-term care insurance policy, including a
1-61     nursing home fixed indemnity policy, unless the commissioner
1-62     determines that the policy provides benefit coverage so
1-63     comprehensive that the policy is a health benefit plan as described
1-64     by Subsection (a) of this section.
 2-1           Sec. 2.  PROHIBITION. The issuer of a health benefit plan may
 2-2     not refuse to enroll a person in the plan solely because the person
 2-3     is enrolled in another health benefit plan at the time the person
 2-4     applies for the coverage.
 2-5           Sec. 3.  VIOLATION. An issuer of a health benefit plan who
 2-6     violates the article engages in unfair discrimination under Article
 2-7     21.21-8 of this code.
 2-8           SECTION 2.  This Act takes effect September 1, 2001.
 2-9                                  * * * * *