79R3018 KCR-F


By:  Eissler                                                      H.B. No. 1602



A BILL TO BE ENTITLED

AN ACT

relating to high deductible health plans.                                     
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subtitle I, Title 8, Insurance Code, as 
effective April 1, 2005, is amended by adding Chapter 1653 to read 
as follows:

CHAPTER 1653.  HIGH DEDUCTIBLE HEALTH PLAN
	Sec. 1653.001.  DEFINITION.  In this chapter, "high 
deductible health plan" has the meaning assigned by Section 223, 
Internal Revenue Code of 1986.
	Sec. 1653.002.  APPLICABILITY OF OTHER LAW.  (a)  Subject to 
Subsection (b), a high deductible health plan is subject to any law 
mandating a minimum health insurance benefit or reimbursement.
	(b)  Notwithstanding any other law, a provision of this code 
may not be construed to prevent an insurer, health maintenance 
organization, or other entity issuing a health insurance policy or 
certificate of coverage from applying deductible or copayment 
requirements to benefits, including state-mandated health 
benefits, in order to qualify the health insurance policy or 
certificate of coverage as a high deductible health plan.
	Sec. 1653.003.  RULES.  The commissioner shall adopt rules 
necessary to implement this chapter.
	SECTION 2.  The change in law made by this Act applies only 
to a health insurance policy or certificate of coverage that is 
delivered, issued for delivery, or renewed on or after the 
effective date of this Act.  An insurance policy that is delivered, 
issued for delivery, or renewed before the effective date of this 
Act, is covered by the law in effect at the time the policy was 
delivered, issued for delivery, or renewed, and that law is 
continued in effect for that purpose.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.