By:  Sibley                                            S.B. No. 992
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to coverage and assessments under the Texas Health
 1-3     Insurance Risk Pool.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subdivision (17), Section 2, Article 3.77,
 1-6     Insurance Code, is amended to read as follows:
 1-7                 (17)  "Resident" means:
 1-8                       (A)  an individual who has been legally domiciled
 1-9     in Texas for a minimum of 30 days for persons eligible for
1-10     enrollment in the pool under Section 10(b) [10(a)(1), (2), (3), or
1-11     (5)] of this article; or
1-12                       (B)  an individual who is legally domiciled in
1-13     Texas for persons eligible for enrollment in the pool under Section
1-14     10(a) [10(a)(4)] of this article.
1-15           SECTION 2.  Section 10, Article 3.77, Insurance Code, is
1-16     amended to read as follows:
1-17           Sec. 10.  ELIGIBILITY FOR COVERAGE.  (a)  An individual
1-18     person who is a resident of Texas as defined in Section 2(17)(B) of
1-19     this article and who continues to be a resident of Texas shall be
1-20     eligible for coverage from the pool if the individual provides to
1-21     the pool evidence of:
1-22                 (1)  the individual's maintenance of health insurance
1-23     coverage for the previous 18 months, with no gap in coverage
1-24     greater than 63 days, of which the most recent coverage was through
1-25     an employer-sponsored plan, a church plan, or a government plan; or
 2-1                 (2)  the individual's coverage under another state's
 2-2     qualified Health Insurance Portability and Accountability Act
 2-3     health program, if:
 2-4                       (A)  coverage under that other state's program
 2-5     was terminated because of nonresidence; and
 2-6                       (B)  the individual person submits an application
 2-7     for pool coverage within 63 days after termination of such prior
 2-8     state plan coverage.
 2-9           (b)  Any individual person who is and continues to be a
2-10     resident of Texas as defined in Section 2(17)(A) of this article
2-11     and a citizen of the United States or a resident of Texas as
2-12     defined in Section 2(17)(A) of this article and a permanent
2-13     resident of the United States for at least three continuous years
2-14     shall be eligible for coverage from the pool if the individual
2-15     provides to the pool:
2-16                 (1)  a notice of rejection or refusal to issue
2-17     substantially similar individual insurance for health reasons by
2-18     one insurer, other than a rejection or refusal by an insurer
2-19     offering only stop-loss, excess loss, or reinsurance coverage;
2-20                 (2)  a certification from an agent or salaried
2-21     representative of an insurer, on a form developed by the board and
2-22     approved by the commissioner, that states that the agent or
2-23     salaried representative is unable to obtain substantially similar
2-24     individual insurance for the individual with any state-licensed
2-25     insurer that the agent or salaried representative represents
2-26     because the individual will be declined for coverage as a result of
 3-1     a medical condition of the individual under the underwriting
 3-2     guidelines of the insurer;
 3-3                 (3)  an offer to issue substantially similar individual
 3-4     insurance only with conditional riders;
 3-5                 (4)  a refusal by an insurer to issue substantially
 3-6     similar individual insurance except at a rate exceeding the pool
 3-7     rate; or
 3-8                 (5)  [evidence of the individual's maintenance of
 3-9     health insurance coverage for the previous 18 months with no gap in
3-10     coverage greater than 63 days of which the most recent coverage was
3-11     through an employer sponsored plan; or]
3-12                 [(6)]  diagnosis of the individual with one of the
3-13     medical or health conditions listed by the board under Section 6(c)
3-14     of this article and for which a person shall be eligible for pool
3-15     coverage.
3-16           (c) [(b)]  Each dependent of a person who is eligible for
3-17     coverage from the pool shall also be eligible for coverage from the
3-18     pool.  In the instance of a child who is the primary insured,
3-19     resident family members shall also be eligible for coverage.
3-20           (d) [(c)]  A person may maintain pool coverage for the period
3-21     of time the person is satisfying a preexisting waiting period under
3-22     another health insurance policy or insurance arrangement intended
3-23     to replace the pool policy.
3-24           (e) [(d)]  A person is not eligible for coverage from the
3-25     pool if the person:
3-26                 (1)  has in effect on the date pool coverage takes
 4-1     effect health insurance coverage from an insurer or insurance
 4-2     arrangement;
 4-3                 (2)  is eligible for other health care benefits at the
 4-4     time application is made to the pool, including COBRA continuation,
 4-5     except:
 4-6                       (A)  coverage, including COBRA continuation,
 4-7     other continuation or conversion coverage, maintained for the
 4-8     period of time the person is satisfying any pre-existing condition
 4-9     waiting period under a pool policy; or
4-10                       (B)  employer group coverage conditioned by the
4-11     type of limitations described by Subsection (b)(1) or (3)
4-12     [Subsections (a)(1) and (2)] of this section; or
4-13                       (C)  individual coverage conditioned by the
4-14     limitations described by Subsection (b)(3) or (4) [Subsections
4-15     (a)(1)-(3)] of this section;
4-16                 (3)  has terminated coverage in the pool within 12
4-17     months of the date that application is made to the pool, unless the
4-18     person demonstrates a good faith reason for the termination;
4-19                 (4)  is confined in a county jail or imprisoned in a
4-20     state prison;
4-21                 (5)  has premiums that are paid for or reimbursed under
4-22     any government sponsored program or by any government agency or
4-23     health care provider, except as an otherwise qualifying full-time
4-24     employee, or dependent thereof, of a government agency or health
4-25     care provider; or
4-26                 (6)  has [not] had prior coverage with the pool
 5-1     terminated for nonpayment of premiums, within the 12 months
 5-2     immediately preceding the date of application, or for fraud.
 5-3           (f) [(e)]  Pool coverage shall cease:
 5-4                 (1)  on the date a person is no longer a resident of
 5-5     this state, except for a child who is a student under the age of 23
 5-6     years and who is financially dependent upon the parent, a child for
 5-7     whom a person may be obligated to pay child support, or a child of
 5-8     any age who is disabled and dependent upon the parent;
 5-9                 (2)  on the date a person requests coverage to end;
5-10                 (3)  upon the death of the covered person;
5-11                 (4)  on the date state law requires cancellation of the
5-12     policy;
5-13                 (5)  at the option of the pool, 30 days after the pool
5-14     sends to the person any inquiry concerning the person's
5-15     eligibility, including an inquiry concerning the person's
5-16     residence, to which the person does not reply;
5-17                 (6)  on the 31st day after the day on which a premium
5-18     payment for pool coverage becomes due if the payment is not made
5-19     before that date; or
5-20                 (7)  at such time as the person ceases to meet the
5-21     eligibility requirements of this section.
5-22           (g)  The coverage of a [(f)  A] person who ceases to meet the
5-23     eligibility requirements of this section will be [may have his
5-24     coverage] terminated as of the earlier of the next premium due date
5-25     or the first day of the month following the date the pool
5-26     determines the person does not meet the eligibility requirements,
 6-1     in the pool's sole discretion [at the end of the policy period].
 6-2           (h)  A person who is eligible for health insurance benefits
 6-3     provided in connection with a policy, plan, or program paid for or
 6-4     sponsored by an employer, even though such employer coverage is
 6-5     declined, is not eligible for pool coverage.  No insurer, agent,
 6-6     third party administrator, or other person licensed under this code
 6-7     may arrange or assist or attempt to arrange or assist in the
 6-8     application or placement of such person in the pool for the purpose
 6-9     of separating the person from health insurance benefits offered or
6-10     provided in connection with employment that would be available to
6-11     the person as an employee or as a dependent of an employee.  A
6-12     violation of this subsection is an unfair method of competition and
6-13     an unfair or deceptive act or practice under Article 21.21 of this
6-14     code.
6-15           SECTION 3.  Section 13, Article 3.77, Insurance Code, is
6-16     amended by amending Subsection (d) and adding Subsection (e) to
6-17     read as follows:
6-18           (d)  The assessment imposed against each insurer shall be in
6-19     an amount that is equal to the ratio of the gross premiums
6-20     collected by the insurer for health insurance in this state during
6-21     the preceding calendar year, except for Medicare supplement
6-22     premiums subject to Article 3.74 and small group health insurance
6-23     premiums subject to Articles 26.01 through 26.76, to the gross
6-24     premiums collected by all insurers for health insurance, except for
6-25     Medicare supplement premiums subject to Article 3.74 and small
6-26     group health insurance premiums subject to Articles 26.01 through
 7-1     26.76, in this state during the preceding calendar year.  An
 7-2     assessment is due on a date specified by the board that may not be
 7-3     earlier than the 30th day after the date on which prior written
 7-4     notice of the assessment due is transmitted to the insurer.
 7-5     Interest accrues on the unpaid amount at a rate equal to the prime
 7-6     lending rate plus three percent.
 7-7           (e)  An insurer may petition the commissioner for an
 7-8     abatement or deferment of all or part of an assessment imposed by
 7-9     the board.  The commissioner may abate or defer, in whole or in
7-10     part, such assessment if the commissioner determines that the
7-11     payment of the assessment would endanger the ability of the
7-12     participating insurer to fulfill its contractual obligations.  If
7-13     an assessment against an insurer is abated or deferred in whole or
7-14     in part, the amount by which such assessment is abated or deferred
7-15     shall be assessed against the other insurers in a manner consistent
7-16     with the basis for assessments set forth in this section.  The
7-17     insurer receiving such abatement or deferment shall remain liable
7-18     to the pool for the deficiency.
7-19           SECTION 4.  This Act takes effect September 1, 2001.