79R3105 KCR-D

By:  Barrientos                                                   S.B. No. 218


A BILL TO BE ENTITLED
AN ACT
relating to the coverage of certain treatments for multiple myeloma and Hodgkin's disease under an evidence of coverage issued by a health maintenance organization. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter D, Chapter 1271, Insurance Code, as effective April 1, 2005, is amended by adding Section 1271.157 to read as follows: Sec. 1271.157. CERTAIN TREATMENTS FOR MULTIPLE MYELOMA AND HODGKIN'S DISEASE. (a) Notwithstanding Article 3.80 or 20A.09N, the basic health care services provided under an evidence of coverage must include benefits for autologous peripheral stem cell transplants for the treatment of multiple myeloma or Hodgkin's disease. Benefits required to be provided under this section may not be subject to different limitations or different cost-sharing provisions than are applicable to other comparable procedures for which benefits are provided under the evidence of coverage. (b) For purposes of Section 3(b), Article 3.80, and Article 20A.09N(d), "state-mandated health benefits" does not include coverage for autologous peripheral stem cell transplants for the treatment of multiple myeloma and Hodgkin's disease. SECTION 2. Section 1501.251, Insurance Code, as effective April 1, 2005, is amended to read as follows: Sec. 1501.251. EXCEPTION FROM CERTAIN MANDATED BENEFIT REQUIREMENTS. (a) Except as expressly provided by this chapter, a small employer health benefit plan is not subject to a law that requires coverage or the offer of coverage of a health care service or benefit. (b) A small employer health benefit plan issued by a health maintenance organization must provide the benefits described by Section 1271.157. SECTION 3. Subchapter C, Chapter 1579, Insurance Code, is amended by adding Section 1579.106 to read as follows: Sec. 1579.106. CERTAIN BENEFITS REQUIRED. Coverage provided under the program through a health maintenance organization agreement must provide the benefits described by Section 1271.157. SECTION 4. The change in law made by this Act applies only to an evidence of coverage or health maintenance organization agreement that is delivered, issued for delivery, or renewed on or after January 1, 2006. An evidence of coverage or health maintenance organization agreement that is delivered, issued for delivery, or renewed before January 1, 2006, is covered by the law in effect at the time the evidence of coverage or health maintenance organization agreement was delivered, issued for delivery, or renewed, and that law is continued in effect for that purpose. SECTION 5. This Act takes effect September 1, 2005.