Amend SB 265 (committee printing) as follows:
(1) On page 2, line 1, add the following new sections and
renumber appropriately:
SECTION 2. Subchapter B, Chapter 4004, Insurance Code, as
effective April 1, 2005, is amended by adding Section 4004.0536 as
follows:
Sec. 4004.0536. CONTENT OF CONTINUING EDUCATION PROGRAM.
A continuing education program for individuals who hold a general
life accident and health license, a life and health insurance
counselors license or a limited life accident and health license
may include information related to the Health Insurance Portability
and Accountability Act, Texas Insurance Code Chapter 1501,
including provisions related to participation and contribution
requirements and renewability of coverage.
SECTION 3. Section 1501.108, Insurance Code, is amended by
adding Subsection (d) to read as follows:
(d) A small or large employer health benefit plan issuer may
modify a particular small or large employer health benefit plan at
the time of coverage renewal if the modification applies uniformly
to all small or large employers whose employees are covered by that
health benefit plan.
SECTION 4. Section 1501.153(a), Insurance Code, is amended
to read as follows:
(a) This chapter does not require a small employer to make
an employer contribution to the premium paid to a small employer
health benefit plan issuer, but the issuer may require an employer
contribution in accordance with the issuer's usual and customary
practices applicable to each of the issuer's small employer group
health benefit plans in this state. The issuer shall apply the
employer contribution level uniformly to each small employer
offered or issued coverage under a small employer health benefit
plan by the issuer in this state.
SECTION 5. Sections 1501.155(a) and (b), Insurance Code,
are amended to read as follows:
(a) A small employer health benefit plan issuer may offer a
small employer health benefit plan to a small employer with a
participation level of less than 75 percent of the employer's
eligible employees if the issuer permits the same qualifying
participation level for each of the small employer health benefit
plans [plan] offered by the issuer in this state.
(b) A small employer health benefit plan issuer may offer a
small employer health benefit plan to a small employer even if the
employer's participation level is less than the issuer's qualifying
participation level for a small employer health benefit plan
established in accordance with Subsection (a) if:
(1) the employer obtains a written waiver from each
eligible employee who declines coverage under a health benefit plan
offered to the employer stating that the employee was not induced or
pressured to decline coverage because of the employee's risk
characteristics; and
(2) the issuer accepts or rejects the entire group of
eligible employees who choose to participate and excludes only
those employees who have declined coverage.
SECTION 6. Sections 1501.605(a) and (d), Insurance Code,
are amended to read as follows:
(a) A large employer health benefit plan issuer may require
a large employer to meet a minimum contribution or participation
requirement as a condition of issuance or renewal in accordance
with the issuer's usual and customary practices for each of [all]
the issuer's large employer health benefit plans in this state.
(d) A participation requirement must be stated in the health
benefit plan contract and must be applied uniformly to each large
employer offered or issued coverage under a large employer health
benefit plan by a large employer health benefit plan issuer in this
state.