1-1     By:  Harris                                            S.B. No. 770
 1-2           (In the Senate - Filed February 19, 2001; February 20, 2001,
 1-3     read first time and referred to Committee on Business and Commerce;
 1-4     March 29, 2001, reported favorably by the following vote:  Yeas 6,
 1-5     Nays 0; March 29, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to availability of health benefit plan coverage for
 1-9     certain dependents of an enrollee.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Subchapter E, Chapter 21, Insurance Code, is
1-12     amended by adding Article 21.53Y to read as follows:
1-13           Art. 21.53Y.  AVAILABILITY OF COVERAGE FOR DEPENDENTS
1-14           Sec. 1.  DEFINITIONS.  In this article:
1-15                 (1)  "Child" means a natural or adopted child, a
1-16     stepchild, or a foster child.
1-17                 (2)  "Enrollee" means a person entitled to coverage
1-18     under a health benefit plan.
1-19           Sec. 2.  APPLICABILITY OF ARTICLE.  (a)  This article applies
1-20     only to a health benefit plan that provides benefits for medical or
1-21     surgical expenses incurred as a result of a health condition,
1-22     accident, or sickness, including an individual, group, blanket, or
1-23     franchise insurance policy or insurance agreement, a group hospital
1-24     service contract, or an individual or group evidence of coverage or
1-25     similar coverage document that is offered by:
1-26                 (1)  an insurance company;
1-27                 (2)  a group hospital service corporation operating
1-28     under Chapter 20 of this code;
1-29                 (3)  a fraternal benefit society operating under
1-30     Chapter 10 of this code;
1-31                 (4)  a stipulated premium insurance company operating
1-32     under Chapter 22 of this code;
1-33                 (5)  a reciprocal exchange operating under Chapter 19
1-34     of this code;
1-35                 (6)  a health maintenance organization operating under
1-36     the Texas Health Maintenance Organization Act (Chapter 20A,
1-37     Vernon's Texas Insurance Code);
1-38                 (7)  a multiple employer welfare arrangement that holds
1-39     a certificate of authority under Article 3.95-2 of this code; or
1-40                 (8)  an approved nonprofit health corporation that
1-41     holds a certificate of authority under Article 21.52F of this code.
1-42           (b)  This article applies to a small employer health benefit
1-43     plan written under Chapter 26 of this code.
1-44           (c)  This article does not apply to:
1-45                 (1)  a plan that provides coverage:
1-46                       (A)  only for benefits for a specified disease or
1-47     for another limited benefit;
1-48                       (B)  only for accidental death or dismemberment;
1-49                       (C)  for wages or payments instead of wages for a
1-50     period during which an employee is absent from work because of
1-51     sickness or injury;
1-52                       (D)  as a supplement to a liability insurance
1-53     policy;
1-54                       (E)  for credit insurance;
1-55                       (F)  only for dental or vision care;
1-56                       (G)  only for hospital expenses; or
1-57                       (H)  only for indemnity for hospital confinement;
1-58                 (2)  a Medicare supplemental policy as defined by
1-59     Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss),
1-60     as amended;
1-61                 (3)  a workers' compensation insurance policy;
1-62                 (4)  medical payment insurance coverage provided under
1-63     a motor vehicle insurance policy; or
1-64                 (5)  a long-term care insurance policy, including a
 2-1     nursing home fixed indemnity policy, unless the commissioner
 2-2     determines that the policy provides benefit coverage so
 2-3     comprehensive that the policy is a health benefit plan as described
 2-4     by Subsection (a) of this section.
 2-5           Sec. 3.  COVERAGE REQUIRED.  A health benefit plan that
 2-6     offers coverage for dependent children of an enrollee must make
 2-7     dependent coverage available for a child of an enrollee who is:
 2-8                 (1)  under 25 years of age;
 2-9                 (2)  unmarried; and
2-10                 (3)  financially dependent on the parent.
2-11           SECTION 2.  Subdivision (5), Section 2, Article 3.77,
2-12     Insurance Code, is amended to read as follows:
2-13                 (5)  "Dependent" means a resident spouse, an [or]
2-14     unmarried child under the age of 25 [18] years[, a child who is a
2-15     full-time student under the age of 23 years and] who is financially
2-16     dependent upon the parent, a child who is over 18 years of age and
2-17     for whom a person may be obligated to pay child support, or a child
2-18     of any age who is disabled and dependent upon the parent.
2-19           SECTION 3.  Subdivision (8), Article 26.02, Insurance Code,
2-20     is amended to read as follows:
2-21                 (8)  "Dependent" means:
2-22                       (A)  a spouse;
2-23                       (B)  a newborn child;
2-24                       (C)  a child for whom coverage must be offered
2-25     under Article 21.53Y of this code [a child under the age of 19
2-26     years];
2-27                       (D)  [a child who is a full-time student under
2-28     the age of 23 years and who is financially dependent on the parent;]
2-29                       [(E)]  a child of any age who is medically
2-30     certified as disabled and dependent on the parent;
2-31                       (E) [(F)]  any person who must be covered under:
2-32                             (i)  Section 3D or 3E, Article 3.51-6, of
2-33     this code; or
2-34                             (ii)  Section 2(L), Chapter 397, Acts of
2-35     the 54th Legislature, Regular Session, 1955 (Article 3.70-2,
2-36     Vernon's Texas Insurance Code); and
2-37                       (F) [(G)]  any other child included as an
2-38     eligible dependent under an employer's benefit plan.
2-39           SECTION 4.  Article 21.24-2, Insurance Code, is repealed.
2-40           SECTION 5.  This Act takes effect September 1, 2001, and
2-41     applies only to a health benefit plan delivered, issued for
2-42     delivery, or renewed on or after January 1, 2002.  A health benefit
2-43     plan delivered, issued for delivery, or renewed before January 1,
2-44     2002, is governed by the law in effect immediately before the
2-45     effective date of this Act, and that law is continued in effect for
2-46     that purpose.
2-47                                  * * * * *