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A BILL TO BE ENTITLED
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AN ACT
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relating to benefits payable under certain health coverages. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle E, Title 8, Insurance Code, is amended |
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by adding Chapter 1425 to read as follows: |
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CHAPTER 1425. APPLICATION OF SUBTITLE TO CERTAIN COVERAGE |
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Sec. 1425.001. EXEMPTION FROM APPLICATION OF SUBTITLE. |
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(a) Except as provided by Section 1425.002, a provision of this |
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subtitle that becomes effective on or after January 2, 2010, does |
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not apply to: |
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(1) a plan that provides coverage only: |
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(A) for a specified disease or diseases or under |
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an individual limited benefit policy; |
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(B) for accidental death or dismemberment; |
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(C) as a supplement to a liability insurance |
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policy; or |
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(D) for dental or vision care; |
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(2) disability income insurance coverage or a |
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combination of accident-only and disability income insurance |
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coverage; |
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(3) credit insurance coverage; |
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(4) a hospital confinement indemnity policy; |
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(5) a Medicare supplemental policy as defined by |
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Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss); |
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(6) a workers' compensation insurance policy; |
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(7) medical payment insurance coverage provided under |
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a motor vehicle insurance policy; |
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(8) a long-term care insurance policy, including a |
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nursing home fixed indemnity policy, except as provided by |
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Subsection (b); or |
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(9) an occupational accident policy. |
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(b) A long-term care insurance policy, including a nursing |
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home fixed indemnity policy, is subject to this subtitle if the |
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commissioner determines that the policy provides benefits so |
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comprehensive that it is a health benefit plan and should not be |
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subject to the exemption provided under this section. |
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Sec. 1425.002. SPECIFIC LANGUAGE CONTROLS. A provision of |
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this subtitle that becomes effective on or after January 2, 2010, |
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and that requires coverage or the offer of coverage of a health care |
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service or benefit applies to a plan or policy described by Section |
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1425.001(a) only to the extent expressly and specifically provided |
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by law. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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* * * * * |