77R16720 AJA-D                          
         By Lucio, et al.                                       S.B. No. 427
         Substitute the following for S.B. No. 427:
         By Smithee                                         C.S.S.B. No. 427
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to health benefit plan coverage for an enrollee with
 1-3     autism and pervasive developmental disorders.
 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 21.53X to read as follows:
 1-7           Art. 21.53X.  INDIVIDUAL OR GROUP HEALTH BENEFIT PLAN
 1-8     COVERAGE FOR ENROLLEE WITH AUTISM OR PERVASIVE DEVELOPMENTAL
 1-9     DISORDER
1-10           Sec. 1.  DEFINITION. In this article, "enrollee" means a
1-11     person entitled to coverage under a health benefit plan.
1-12           Sec. 2.  APPLICABILITY OF ARTICLE.  (a)  This article applies
1-13     only to a health benefit plan that provides benefits for medical or
1-14     surgical expenses incurred as a result of a health condition,
1-15     accident, or sickness, including an individual, group, blanket, or
1-16     franchise insurance policy or insurance agreement, a group hospital
1-17     service contract, or an individual or group evidence of coverage or
1-18     similar coverage document that is offered by:
1-19                 (1)  an insurance company;
1-20                 (2)  a group hospital service corporation operating
1-21     under Chapter 20 of this code;
1-22                 (3)  a fraternal benefit society operating under
1-23     Chapter 10 of this code;
1-24                 (4)  a stipulated premium insurance company operating
 2-1     under Chapter 22 of this code;
 2-2                 (5)  a reciprocal exchange operating under Chapter 19
 2-3     of this code;
 2-4                 (6)  a Lloyd's plan operating under Chapter 18 of this
 2-5     code;
 2-6                 (7)  a health maintenance organization operating under
 2-7     the Texas Health Maintenance Organization Act (Chapter 20A,
 2-8     Vernon's Texas Insurance Code);
 2-9                 (8)  a multiple employer welfare arrangement that holds
2-10     a certificate of authority under Article 3.95-2 of this code; or
2-11                 (9)  an approved nonprofit health corporation that
2-12     holds a certificate of authority under Article 21.52F of this code.
2-13           (b)  Notwithstanding Section 172.014, Local Government Code,
2-14     or any other law, this article applies to health and accident
2-15     coverage provided by a risk pool created under Chapter 172, Local
2-16     Government Code.
2-17           (c)  This article does not apply to:
2-18                 (1)  a plan that provides coverage:
2-19                       (A)  only for benefits for a specified disease or
2-20     for another limited benefit, other than a plan that provides
2-21     benefits for mental health or similar services;
2-22                       (B)  only for accidental death or dismemberment;
2-23                       (C)  for wages or payments in lieu of wages for a
2-24     period during which an employee is absent from work because of
2-25     sickness or injury;
2-26                       (D)  as a supplement to a liability insurance
2-27     policy;
 3-1                       (E)  only for dental or vision care; or
 3-2                       (F)  only for indemnity for hospital confinement;
 3-3                 (2)  a small employer health benefit plan written under
 3-4     Chapter 26 of this code;
 3-5                 (3)  a Medicare supplemental policy as defined by
 3-6     Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss),
 3-7     as amended;
 3-8                 (4)  a workers' compensation insurance policy;
 3-9                 (5)  medical payment insurance coverage provided under
3-10     a motor vehicle insurance policy; or
3-11                 (6)  a long-term care insurance policy, including a
3-12     nursing home fixed indemnity policy, unless the commissioner
3-13     determines that the policy provides benefit coverage so
3-14     comprehensive that the policy is a health benefit plan as described
3-15     by Subsection (a) of this section.
3-16           Sec. 3.  EXCLUSION OF COVERAGE AND DENIAL OF BENEFITS
3-17     PROHIBITED. A health benefit plan may not exclude coverage or deny
3-18     benefits otherwise available to an enrollee for treatment,
3-19     equipment, or therapy based on the enrollee's having autism or a
3-20     pervasive developmental disorder.
3-21           Sec. 4.  RULES. The commissioner shall adopt rules as
3-22     necessary to administer this article.
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 as it existed immediately before the
 4-1     effective date of this Act, and that law is continued in effect for
 4-2     that purpose.