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By:  Hochberg                                                     H.B. No. 2810



A BILL TO BE ENTITLED

AN ACT

relating to the prohibition of certain questions of an applicant 
for health benefit plan coverage.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 1206, Insurance Code, is amended by 
amending the title of the Chapter to read as follows:
	CHAPTER 1206.  PROHIBITION AGAINST CONDITIONING [DENIAL OF
HEALTH BENEFIT PLAN ENROLLMENT [BASED] ON OTHER TRANSACTIONS
[EXISTING COVERAGE PROHIBITED].
	SECTION 2.  Chapter 1206, Insurance Code, is amended by 
adding Section 1206.005 to read as follows:
	Section 1206.005.  DENIAL OF ENROLLMENT PROHIBITED.  A 
health benefit plan issuer may not ask an individual whether the 
individual has previously been denied enrollment in a health 
benefit plan.
	Section 3.  The changes in laws made by this Act apply only 
to an insurance policy delivered, issued for delivery, or renewed 
on or after January 1, 2006.  An insurance policy delivered, issued 
for delivery, or renewed before January 1, 2006 is governed by law 
in effect immediately before that effective date of this Act and 
that law is continued in effect for that purpose.
	Section 5.  The Act takes effect September 1, 2005.