81R25146 PB-D
 
  By: Allen, Lucio III, Thompson H.B. No. 451
 
  Substitute the following for H.B. No. 451:
 
  By:  Thompson C.S.H.B. No. 451
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to health benefit plan coverage for autism spectrum
  disorder.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 1355.002, Insurance Code, is amended to
  read as follows:
         Sec. 1355.002.  APPLICABILITY OF SUBCHAPTER.  (a) This
  subchapter applies only to a group health benefit plan that
  provides benefits for medical or surgical expenses incurred as a
  result of a health condition, accident, or sickness, including:
               (1)  a group insurance policy, group insurance
  agreement, group hospital service contract, or group evidence of
  coverage that is offered by:
                     (A)  an insurance company;
                     (B)  a group hospital service corporation
  operating under Chapter 842;
                     (C)  a fraternal benefit society operating under
  Chapter 885;
                     (D)  a stipulated premium company operating under
  Chapter 884; or
                     (E)  a health maintenance organization operating
  under Chapter 843; and
               (2)  to the extent permitted by the Employee Retirement
  Income Security Act of 1974 (29 U.S.C. Section 1001 et seq.), a plan
  offered under:
                     (A)  a multiple employer welfare arrangement as
  defined by Section 3 of that Act; or
                     (B)  another analogous benefit arrangement.
         (b)  Notwithstanding any provision in Chapter 1575 or 1579 or
  any other law, Section 1355.015 applies to:
               (1)  a basic plan under Chapter 1575; and
               (2)  a primary care coverage plan under Chapter 1579.
         SECTION 2.  Section 1355.015(a), Insurance Code, is amended
  to read as follows:
         (a)  At a minimum, a health benefit plan must provide
  coverage as provided by this section to an enrollee [older than two
  years of age and younger than six years of age] who is diagnosed
  with autism spectrum disorder from the date of diagnosis until the
  enrollee completes nine years of age.  If an enrollee who is being
  treated for autism spectrum disorder becomes 10 [six] years of age
  or older and continues to need treatment, this subsection does not
  preclude coverage of treatment and services described by Subsection
  (b).
         SECTION 3.  This Act applies only to a health benefit plan
  delivered, issued for delivery, or renewed on or after January 1,
  2010. A health benefit plan delivered, issued for delivery, or
  renewed before January 1, 2010, is governed by the law as it existed
  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, 2009.