79R5810 AJA-F

By:  Rose                                                         H.B. No. 3408


A BILL TO BE ENTITLED
AN ACT
relating to notice to employees and prospective employees that an employer-sponsored health benefit plan does not provide certain benefits. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 3.80, Insurance Code, is amended by adding Section 6A to read as follows: Sec. 6A. NOTICE REGARDING EMPLOYER HEALTH BENEFIT PLAN. (a) If an employer offers a standard health benefit plan to employees, the employer shall provide a written disclosure meeting the requirements of this section to: (1) each employee at the time the employee: (A) initially enrolls in the plan; and (B) renews enrollment in the plan; and (2) each prospective employee before the prospective employee is hired by the employer. (b) The notice required by this section must read as follows: "The Consumer Choice of Benefits Health Insurance Plan offered by this employer, either in whole or in part, does not provide state-mandated health benefits normally required in accident and sickness insurance policies in Texas. This standard health benefit plan may provide a more affordable health insurance policy for you, although, at the same time, it may provide you with fewer health benefits than those normally included as state-mandated health benefits in policies in Texas. A list of state-mandated health benefits excluded from this plan is available on request." SECTION 2. Section 9N, Texas Health Maintenance Organization Act (Article 20A.09N, Vernon's Texas Insurance Code), is amended by adding Subsections (m) and (n) to read as follows: (m) If an employer offers a standard health benefit plan to employees, the employer shall provide a written disclosure meeting the requirements of this section to: (1) each employee at the time the employee: (A) initially enrolls in the plan; and (B) renews enrollment in the plan; and (2) each prospective employee before the prospective employee is hired by the employer. (n) The notice required by Subsection (m) of this section must read as follows: "This Consumer Choice of Benefits Health Maintenance Organization health care plan, either in whole or in part, does not provide state-mandated health benefits normally required in evidences of coverage in Texas. This standard health benefit plan may provide a more affordable health plan for you, although, at the same time, it may provide you with fewer health plan benefits than those normally included as state-mandated health benefits in Texas. A list of state-mandated health benefits excluded from this plan is available on request." SECTION 3. Subchapter A, Chapter 1507, Insurance Code, is amended by adding Section 1507.0051 to read as follows: Sec. 1507.0051. NOTICE REGARDING EMPLOYER HEALTH BENEFIT PLAN. (a) If an employer offers a standard health benefit plan to employees, the employer shall provide a written disclosure meeting the requirements of this section to: (1) each employee at the time the employee: (A) initially enrolls in the plan; and (B) renews enrollment in the plan; and (2) each prospective employee before the prospective employee is hired by the employer. (b) The notice required by this section must read as follows: "The Consumer Choice of Benefits Health Insurance Plan offered by this employer, either in whole or in part, does not provide state-mandated health benefits normally required in accident and sickness insurance policies in Texas. This standard health benefit plan may provide a more affordable health insurance policy for you, although, at the same time, it may provide you with fewer health benefits than those normally included as state-mandated health benefits in policies in Texas. A list of state-mandated health benefits excluded from this plan is available on request." SECTION 4. Subchapter B, Chapter 1507, Insurance Code, is amended by adding Section 1507.0551 to read as follows: Sec. 1507.0551. NOTICE REGARDING EMPLOYER HEALTH BENEFIT PLAN. (a) If an employer offers a standard health benefit plan to employees, the employer shall provide a written disclosure meeting the requirements of this section to: (1) each employee at the time the employee: (A) initially enrolls in the plan; and (B) renews enrollment in the plan; and (2) each prospective employee before the prospective employee is hired by the employer. (b) The notice required by this section must read as follows: "This Consumer Choice of Benefits Health Maintenance Organization health care plan, either in whole or in part, does not provide state-mandated health benefits normally required in evidences of coverage in Texas. This standard health benefit plan may provide a more affordable health plan for you, although, at the same time, it may provide you with fewer health plan benefits than those normally included as state-mandated health benefits in Texas. A list of state-mandated health benefits excluded from this plan is available on request." SECTION 5. Sections 1 and 2 of this Act take effect only if the Act of the 79th Legislature, Regular Session, 2005, relating to nonsubstantive additions to and corrections in enacted codes does not become law. If the Act of the 79th Legislature, Regular Session, 2005, relating to nonsubstantive additions to and corrections in enacted codes becomes law, Sections 1 and 2 of this Act have no effect. SECTION 6. Sections 3 and 4 of this Act take effect only if the Act of the 79th Legislature, Regular Session, 2005, relating to nonsubstantive additions to and corrections in enacted codes becomes law. If the Act of the 79th Legislature, Regular Session, 2005, relating to nonsubstantive additions to and corrections in enacted codes does not become law, Sections 3 and 4 of this Act have no effect. SECTION 7. To the extent of any conflict, this Act prevails over another Act of the 79th Legislature, Regular Session, 2005, relating to nonsubstantive additions to and corrections in enacted codes. SECTION 8. This Act takes effect September 1, 2005.