By:  Delisi                                                       H.B. No. 3550


A BILL TO BE ENTITLED
AN ACT
relating to the definition of gross premiums for certain health insurance providers. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 2(c), Article 4.11, Texas Insurance Code, is amended to read as follows: (c) "Gross premiums are the total gross amount of all premiums, membership fees, assessments, dues and any other considerations for such insurance received during the taxable year on each and every kind of such insurance policy of contract covering persons located in the State of Texas and arising from the types of insurance specified in Section 1 of this article, but deducting returned premiums, any dividends applied to purchase paid-up additions to insurance or to shorten the endowment or premium payment period, and excluding those premiums received from insurance carriers for reinsurance and there shall be no deduction for premiums paid for reinsurance. For purposes of this article, a stop-loss or excess loss insurance policy issued to a health maintenance organization, as defined under the Texas Health Maintenance Organization Act (Chapter 20A, Vernon's Texas Insurance Code), shall be considered reinsurance. Such gross premiums shall not include premiums received from the [Treasury of the State of Texas or from the] Treasury of the United States for [insurance contracted for by the state or federal government for the purpose of providing welfare benefits to designated welfare recipients or for] insurance contracted by [the state or] federal government in accordance with or in furtherance of the provisions of [Title 2, Human Resources Code, or] Title XVIII of the Federal Social Security Act. The gross premiums receipts so reported shall not include the amount of premiums paid on group health, accident, and life policies in which the group covered by the policy consists of a single nonprofit trust established to provide coverage primarily for employees of: (1) a municipality, county, or hospital district in this state; or (2) a county of municipal hospital, without regard to whether the employees are employees of the county or municipality or another entity operating the hospital on behalf of the county or municipality. SECTION 2. Article 4.17(a), Insurance Code, is amended to read as follows: (a) The commissioner shall annually determine the rate of assessment of a maintenance tax to be paid on an annual, semiannual, or other periodic basis, as determined by the comptroller. The rate of assessment may not exceed .04 percent of the correctly reported gross premiums of life, health, and accident insurance coverages and the gross considerations for annuity and endowment contracts collected by all authorized insurers writing life, health, and accident insurance, annuity, or endowment contracts in this state. The comptroller shall collect the maintenance tax. For purposes of this article, the gross premiums on which an assessment is based may not include premiums received from [this state or] the United States for insurance contracted for by [this state or] the United States [for the purpose of providing welfare benefits to designated welfare recipients or for insurance contracted for by this state or the United States in accordance with or] in furtherance of [Title 2, Human Resources Code, or] Title XVIII of the federal Social Security Act [(42 U.S.C. Section 301 et seq.)]. SECTION 3. Article 20A.33, Texas Insurance Code, is amended by amending Subsection (d) to read as follows: (d) The commissioner shall annually determine the rate of assessment of a per capita maintenance tax to be paid on an annual or semiannual basis, on the correctly reported gross revenues for the issuance of health maintenance certificates or contracts collected by all authorized health maintenance organizations issuing such coverages in this state. The rate of assessment may not exceed $2 for each enrollee. The rate of assessment may differ between basic health care plans, limited health care service plans, and single health care service plans and shall equitably reflect any differences in regulatory resources attributable to each type of plan. The comptroller shall collect the maintenance tax. For purposes of this section, the amount of maintenance tax assessed may not be computed on enrollees who as individual certificate holders or their dependents are covered by a master group policy paid for by revenues received from [this state or] the United States for insurance contracted for by [this state or] the United States [for the purpose of providing welfare benefits to designated welfare recipients or for insurance contracted for by this state or the United States in accordance with or] in furtherance of [Title 2, Human Resources Code, or] Title XVIII of the federal Social Security Act [(42 U.S.C. Section 301 et seq.)]. SECTION 4. REPEALER. Article 27.05, Texas Insurance Code, is repealed. SECTION 5. EFFECTIVE DATE. This Act takes effect September 1, 2003 and applies to an insurance policy or certificate of coverage that is delivered, issued for delivery, or renewed on or after January 1, 2004. A policy delivered, issued for delivery, or renewed before January 1, 2004, is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose.