By Moreno of Harris                                   H.B. No. 3341
         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 health insurance coverage for adopted children.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Article 3.95-4.2 of the Insurance Code is amended
 1-5     to read as follows:
 1-6           (a)  A multiple employer welfare arrangement's plan document
 1-7     may not limit or exclude initial coverage of a newborn child of a
 1-8     participating employee.  Any coverage of a newborn child of a
 1-9     participating employee under this subsection terminates on the 32nd
1-10     day after the date of the birth of the child unless:
1-11                 (1)  dependent children are eligible for coverage under
1-12     the multiple employer welfare arrangement's plan document; and
1-13                 (2)  notification of the birth and any required
1-14     additional premium are received by the multiple employer welfare
1-15     arrangement not later than the 31st day after the date of birth.
1-16           (b)  If dependent children are eligible for coverage under
1-17     the terms of a multiple employer welfare arrangement's plan
1-18     document, the plan document may not limit or exclude initial
1-19     coverage of an adopted child of a participating employee.  A child
1-20     is considered to be the child of a participating employee if the
1-21     participating employee is a party in a suit in which the adoption
1-22     of the child by the participating employee is sought[.] , or once
1-23     clear intent to adopt has been established by the signing of
 2-1     waivers by the birthparents.
 2-2           (c)  If dependent children are eligible for coverage under
 2-3     the terms of a multiple employer welfare arrangement's plan
 2-4     document, an adopted child of a participating employee may be
 2-5     enrolled, at the option of the participating employee, within
 2-6     either:
 2-7                 (1)  31 days after the participating employee is a
 2-8     party in a suit for adoption; or
 2-9                 (2)  31 days of the date the adoption is final.
2-10           (d)  Coverage of an adopted child of an employee under this
2-11     article terminates unless notification of the adoption and any
2-12     required additional premiums are received by the multiple employer
2-13     welfare arrangement not later than either:
2-14                 (1)  the 31st day after the participating employee
2-15     becomes a party in a suit in which the adoption of the child by the
2-16     participating employee is sought; or
2-17                 (2)  the 31st day after the date of the adoption.