By Harris                                              S.B. No. 770
         77R4734 AJA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to availability of health benefit plan coverage for
 1-3     certain dependents of an enrollee.
 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 21.53Y to read as follows:
 1-7           Art. 21.53Y.  AVAILABILITY OF COVERAGE FOR DEPENDENTS
 1-8           Sec. 1.  DEFINITIONS. In this article:
 1-9                 (1)  "Child" means a natural or adopted child, a
1-10     stepchild, or a foster child.
1-11                 (2)  "Enrollee" means a person entitled to coverage
1-12     under a health benefit plan.
1-13           Sec. 2.  APPLICABILITY OF ARTICLE.   (a)  This article
1-14     applies only to a health benefit plan that provides benefits for
1-15     medical or surgical expenses incurred as a result of a health
1-16     condition, accident, or sickness, including an individual, group,
1-17     blanket, or franchise insurance policy or insurance agreement, a
1-18     group hospital service contract, or an individual or group evidence
1-19     of coverage or similar coverage document that is offered by:
1-20                 (1)  an insurance company;
1-21                 (2)  a group hospital service corporation operating
1-22     under Chapter 20 of this code;
1-23                 (3)  a fraternal benefit society operating under
1-24     Chapter 10 of this code;
 2-1                 (4)  a stipulated premium insurance company operating
 2-2     under Chapter 22 of this code;
 2-3                 (5)  a reciprocal exchange operating under Chapter 19
 2-4     of this code;
 2-5                 (6)  a health maintenance organization operating under
 2-6     the Texas Health Maintenance Organization Act (Chapter 20A,
 2-7     Vernon's Texas Insurance Code);
 2-8                 (7)  a multiple employer welfare arrangement that holds
 2-9     a certificate of authority under Article 3.95-2 of this code; or
2-10                 (8)  an approved nonprofit health corporation that
2-11     holds a certificate of authority under Article 21.52F of this code.
2-12           (b)  This article applies to a small employer health benefit
2-13     plan written under Chapter 26 of this code.
2-14           (c)  This article does not apply to:
2-15                 (1)  a plan that provides coverage:
2-16                       (A)  only for benefits for a specified disease or
2-17     for another limited benefit;
2-18                       (B)  only for accidental death or dismemberment;
2-19                       (C)  for wages or payments instead of wages for a
2-20     period during which an employee is absent from work because of
2-21     sickness or injury;
2-22                       (D)  as a supplement to a liability insurance
2-23     policy;
2-24                       (E)  for credit insurance;
2-25                       (F)  only for dental or vision care;
2-26                       (G)  only for hospital expenses; or
2-27                       (H)  only for indemnity for hospital confinement;
 3-1                 (2)  a Medicare supplemental policy as defined by
 3-2     Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss),
 3-3     as amended;
 3-4                 (3)  a workers' compensation insurance policy;
 3-5                 (4)  medical payment insurance coverage provided under
 3-6     a motor vehicle insurance policy; or
 3-7                 (5)  a long-term care insurance policy, including a
 3-8     nursing home fixed indemnity policy, unless the commissioner
 3-9     determines that the policy provides benefit coverage so
3-10     comprehensive that the policy is a health benefit plan as described
3-11     by Subsection (a) of this section.
3-12           Sec. 3.  COVERAGE REQUIRED. A health benefit plan that offers
3-13     coverage for dependent children of an enrollee must make dependent
3-14     coverage available for a child of an enrollee who is:
3-15                 (1)  under 25 years of age;
3-16                 (2)  unmarried; and
3-17                 (3)  financially dependent on the parent.
3-18           SECTION 2. Section 2(5), Article 3.77, Insurance Code, is
3-19     amended to read as follows:
3-20                 (5)  "Dependent" means a resident spouse, an [or]
3-21     unmarried child under the age of 25 [18] years [, a child who is a
3-22     full-time student under the age of 23 years and] who is financially
3-23     dependent upon the parent, a child who is over 18 years of age and
3-24     for whom a person may be obligated to pay child support, or a child
3-25     of any age who is disabled and dependent upon the parent.
3-26           SECTION 3. Article 26.02(8), Insurance Code, is amended to
3-27     read as follows:
 4-1                 (8)  "Dependent" means:
 4-2                       (A)  a spouse;
 4-3                       (B)  a newborn child;
 4-4                       (C)  a child for whom coverage must be offered
 4-5     under Article 21.53Y of this code [a child under the age of 19
 4-6     years];
 4-7                       (D)  [a child who is a full-time student under
 4-8     the age of 23 years and who is financially dependent on the parent;]
 4-9                       [(E)]  a child of any age who is medically
4-10     certified as disabled and dependent on the parent;
4-11                       (E) [(F)]  any person who must be covered under:
4-12                             (i)  Section 3D or 3E, Article 3.51-6, of
4-13     this code; or
4-14                             (ii)  Section 2(L), Chapter 397, Acts of
4-15     the 54th Legislature, Regular Session, 1955 (Article 3.70-2,
4-16     Vernon's Texas Insurance Code); and
4-17                       (F) [(G)]  any other child included as an
4-18     eligible dependent under an employer's benefit plan.
4-19           SECTION 4. Article 21.24-2, Insurance Code, is repealed.
4-20           SECTION 5. This Act takes effect September 1, 2001, and
4-21     applies only to a health benefit plan delivered, issued for
4-22     delivery, or renewed on or after January 1, 2002.  A health benefit
4-23     plan delivered, issued for delivery, or renewed before January 1,
4-24     2002, is governed by the law in effect immediately before the
4-25     effective date of this Act, and that law is continued in effect for
4-26     that purpose.