79R494 AJA-D

By:  Nelson                                                       S.B. No. 51 


A BILL TO BE ENTITLED
AN ACT
relating to eligibility for coverage of, and payment of premiums for, certain individuals covered under certain group health benefit plans. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter A, Chapter 1301, Insurance Code, as effective April 1, 2005, is amended by adding Section 1301.0061 to read as follows: Sec. 1301.0061. TERMS OF ENROLLEE ELIGIBILITY. A contract between an insurer and a group policyholder under a preferred provider benefit plan must provide that: (1) the group policyholder will provide the insurer with a copy of an insured's certificate of creditable coverage, if applicable, at the time the insured becomes eligible for coverage under the policy; (2) the group policyholder is liable for an individual insured's premiums for the month in which the policyholder notifies the insurer that the individual is no longer part of the group eligible for coverage under the policy; and (3) the individual remains covered under the policy during that month. SECTION 2. Subchapter F, Chapter 843, Insurance Code, is amended by adding Section 843.210 to read as follows: Sec. 843.210. TERMS OF ENROLLEE ELIGIBILITY. A contract between a health maintenance organization and a group contract holder must provide that: (1) the group contract holder will provide the health maintenance organization with a copy of an enrollee's certificate of creditable coverage, if applicable, at the time the enrollee becomes eligible for coverage under the contract; (2) the group contract holder is liable for an enrollee's premiums for the month in which the contract holder notifies the health maintenance organization that the enrollee is no longer part of the group eligible for coverage by the contract; and (3) the enrollee remains covered by the contract during that month. SECTION 3. The change in law made by this Act applies only to a contract between an insurer or health maintenance organization and a group policy or contract holder that is entered into or renewed on or after January 1, 2006. A contract entered into or renewed before January 1, 2006, is governed by the law in effect immediately before the effective date of this Act, and that law is continued in effect for that purpose. SECTION 4. This Act takes effect September 1, 2005.