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.