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.