2009S0658-1 03/10/09
 
  By: Carona S.B. No. 1978
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requirements regarding employer liability for certain
  group health benefit plan premiums.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 843.210, Insurance Code, is amended to
  read as follows:
         Sec. 843.210.  TERMS OF ENROLLEE ELIGIBILITY. (a)  A
  contract between a health maintenance organization and a group
  contract holder must provide that:
               (1)  in addition to any other premiums for which the
  group contract holder is liable, the group contract holder is
  liable for an enrollee's premiums from the time the enrollee is no
  longer part of the group eligible for coverage under the contract
  until the end of 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
               (2)  the enrollee remains covered by the contract until
  the end of that period.
         (b)  A health maintenance organization shall refund premiums
  paid by a group contract holder on behalf of an enrollee, from the
  end of the month during which the enrollee is no longer part of the
  group eligible for coverage, provided that the enrollee did not
  incur any claims under the contract after no longer being part of
  the group eligible for coverage.
         (c)  The commissioner shall adopt rules as necessary to
  implement this section.
         SECTION 2.  Section 1301.0061, Insurance Code, is amended to
  read as follows:
         Sec. 1301.0061.  TERMS OF ENROLLEE ELIGIBILITY. (a)  A
  contract between an insurer and a group policyholder under a
  preferred provider benefit plan must provide that:
               (1)  in addition to any other premiums for which the
  group policyholder is liable, the group policyholder is liable for
  an individual insured's premiums from the time the individual is no
  longer part of the group eligible for coverage under the policy
  until the end of 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
               (2)  the individual remains covered under the policy
  until the end of that period.
         (b)  An insurer shall refund premiums paid by a group
  policyholder on behalf of an individual, from the end of the month
  during which the individual is no longer part of the group eligible
  for coverage, provided that the individual did not incur any claims
  under the policy after no longer being part of the group eligible
  for coverage.
         (c)  The commissioner shall adopt rules as necessary to
  implement this section.
         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, 2010.  A contract entered into or
  renewed before January 1, 2010, 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, 2009.