83R17679 MEW-D

By: Carter H.B. No. 3814

Substitute the following for H.B. No. 3814:

By: Eiland C.S.H.B. No. 3814

A BILL TO BE ENTITLED

AN ACT

relating to availability of certain benefits under individual accident and health insurance policies.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 1201.227, Insurance Code, is amended to read as follows:

Sec. 1201.227. POLICY PROVISION: INTOXICANTS AND NARCOTICS. (a) Except as provided by Subsection (b), an [An] individual accident and health insurance policy must contain the following provision if the policy addresses the subject matter of the provision:

"Intoxicants and Narcotics: The insurer is not liable for any loss sustained or contracted in consequence of the insured's being intoxicated or under the influence of any narcotic unless the narcotic is administered on the advice of a physician."

(b) An individual accident and health insurance policy that provides coverage for medical, hospital, and surgical expenses incurred by an insured may not contain the provision described by Subsection (a) unless the insurer provides notice to the insured of the provision and gives the insured an option to purchase a rider or endorsement that provides coverage for any loss sustained or contracted in consequence of the insured's being intoxicated or under the influence of any narcotic, regardless of whether the narcotic is administered on the advice of a physician.

SECTION 2. The change in law made by this Act applies only to an individual accident and health insurance policy that is delivered, issued for delivery, or renewed on or after January 1, 2014. An individual accident and health insurance policy that is delivered, issued for delivery, or renewed before January 1, 2014, 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 3. This Act takes effect September 1, 2013.