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.