By:  Van de Putte, Lucio                               S.B. No. 806
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to health benefit plan coverage for certain mental
 1-3     disorders in children.
 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 21.53R to read as follows:
 1-7           Art. 21.53R.  COVERAGE FOR CERTAIN MENTAL DISORDERS IN
 1-8     CHILDREN
 1-9           Sec. 1.  DEFINITIONS.  In this article:
1-10                 (1)  "Child" means a person younger than 19 years of
1-11     age.
1-12                 (2)  "Mental disorder" means a disorder identified in
1-13     the Diagnostic and Statistical Manual of Mental Disorders, fourth
1-14     edition, other than a primary substance abuse disorder or a
1-15     developmental disorder, that results in a significant impairment of
1-16     a child's functioning in the child's community, family, school, or
1-17     peer group.
1-18           Sec. 2.  APPLICABILITY OF ARTICLE.  (a)  This article applies
1-19     only to a health benefit plan that provides benefits for medical or
1-20     surgical expenses incurred as a result of a health condition,
1-21     accident, or sickness, including an individual, group, blanket, or
1-22     franchise insurance policy or insurance agreement, a group hospital
1-23     service contract, or an individual or group evidence of coverage or
1-24     similar coverage document that is offered by:
1-25                 (1)  an insurance company;
 2-1                 (2)  a group hospital service corporation operating
 2-2     under Chapter 20 of this code;
 2-3                 (3)  a fraternal benefit society operating under
 2-4     Chapter 10 of this code;
 2-5                 (4)  a stipulated premium insurance company operating
 2-6     under Chapter 22 of this code;
 2-7                 (5)  a reciprocal exchange operating under Chapter 19
 2-8     of this code;
 2-9                 (6)  a health maintenance organization operating under
2-10     the Texas Health Maintenance Organization Act (Chapter 20A,
2-11     Vernon's Texas Insurance Code);
2-12                 (7)  a multiple employer welfare arrangement that holds
2-13     a certificate of authority under Article 3.95-2 of this code; or
2-14                 (8)  an approved nonprofit health corporation that
2-15     holds a certificate of authority under Article 21.52F of this code.
2-16           (b)  This article applies to a small employer health benefit
2-17     plan written under Chapter 26 of this code.
2-18           (c)  This article does not apply to:
2-19                 (1)  a plan that provides coverage:
2-20                       (A)  only for benefits for a specified disease or
2-21     for another limited benefit;
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
 3-1     policy;
 3-2                       (E)  for credit insurance;
 3-3                       (F)  only for dental or vision care;
 3-4                       (G)  only for hospital expenses; or
 3-5                       (H)  only for indemnity for hospital confinement;
 3-6                 (2)  a Medicare supplemental policy as defined by
 3-7     Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss),
 3-8     as amended;
 3-9                 (3)  a workers' compensation insurance policy;
3-10                 (4)  medical payment insurance coverage provided under
3-11     a motor vehicle insurance policy; or
3-12                 (5)  a long-term care insurance policy, including a
3-13     nursing home fixed indemnity policy, unless the commissioner
3-14     determines that the policy provides benefit coverage so
3-15     comprehensive that the policy is a health benefit plan as described
3-16     by Subsection (a) of this section.
3-17           Sec. 3.  COVERAGE REQUIRED.  (a)  A health benefit plan must
3-18     provide coverage for an enrollee who is a child for the diagnosis
3-19     and treatment of a mental disorder.  Except as provided by this
3-20     article, a health benefit plan must provide coverage required under
3-21     this subsection under the same terms and conditions as coverage for
3-22     diagnosis and treatment of physical illness.
3-23           (b)  Coverage required under this article may be provided or
3-24     offered through a managed care plan.
3-25           Sec. 4.  COVERAGE OF INPATIENT STAYS AND OUTPATIENT VISITS.
3-26     Except as provided by this section, a health benefit plan must
 4-1     cover inpatient stays and outpatient visits under this article
 4-2     under the same terms and conditions as the plan covers inpatient
 4-3     stays and outpatient visits for treatment of a physical illness.
 4-4     Coverage required by this article may not be subject to an annual
 4-5     or lifetime limit on the number of days of inpatient treatment or
 4-6     the number of outpatient visits covered under the plan.
 4-7           Sec. 5.  AMOUNT LIMITS; DEDUCTIBLES; COPAYMENTS; COINSURANCE.
 4-8     Coverage provided under this article must be subject to the same
 4-9     amount limits, deductibles, copayments, and coinsurance factors as
4-10     coverage for physical illness.
4-11           Sec. 6.  RULES.  The commissioner shall adopt rules as
4-12     necessary to implement this article.
4-13           SECTION 2.  Subdivision (1), Section 1, Article 3.51-14,
4-14     Insurance Code, is amended to read as follows:
4-15                 (1)  "Serious mental illness" means the following
4-16     psychiatric illnesses as defined by the American Psychiatric
4-17     Association in the Diagnostic and Statistical Manual (DSM):
4-18                       (A)  schizophrenia;
4-19                       (B)  paranoid and other psychotic disorders;
4-20                       (C)  bipolar disorders (hypomanic, manic,
4-21     depressive, and mixed);
4-22                       (D)  major depressive disorders (single episode
4-23     or recurrent);
4-24                       (E)  schizo-affective disorders (bipolar or
4-25     depressive);
4-26                       (F)  pervasive developmental disorders; and
 5-1                       (G)  obsessive-compulsive disorders[; and]
 5-2                       [(H)  depression in childhood and adolescence].
 5-3           SECTION 3.  Subsection (a), Section 3, Article 3.51-14,
 5-4     Insurance Code, is amended to read as follows:
 5-5           (a)  Except as provided by Section 4 of this article or
 5-6     Article 21.53R of this code, a group health benefit plan:
 5-7                 (1)  must provide coverage, based on medical necessity,
 5-8     for the following treatment of serious mental illness in each
 5-9     calendar year:
5-10                       (A)  45 days of inpatient treatment; and
5-11                       (B)  60 visits for outpatient treatment,
5-12     including group and individual outpatient treatment;
5-13                 (2)  may not include a lifetime limit on the number of
5-14     days of inpatient treatment or the number of outpatient visits
5-15     covered under the plan; and
5-16                 (3)  must include the same amount limits, deductibles,
5-17     copayments, and coinsurance factors for serious mental illness as
5-18     for physical illness.
5-19           SECTION 4.  This Act takes effect September 1, 2001, and
5-20     applies only to a health benefit plan delivered, issued for
5-21     delivery, or renewed on or after January 1, 2002.  A health benefit
5-22     plan delivered, issued for delivery, or renewed before January 1,
5-23     2002, is governed by the law as it existed immediately before the
5-24     effective date of this Act, and that law is continued in effect for
5-25     that purpose.