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A BILL TO BE ENTITLED
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AN ACT
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relating to certain |
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limitations in health benefit plans and health |
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insurance policies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1201.227, Insurance Code, is amended to |
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read as follows: |
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Sec. 1201.227. POLICY PROVISION: INTOXICANTS AND |
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NARCOTICS. (a) Except as provided by Subsection (b), an [An] |
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individual accident and health insurance policy must contain the |
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following provision if the policy addresses the subject matter of |
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the provision: |
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"Intoxicants and Narcotics: The insurer is not liable for |
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any loss sustained or contracted in consequence of the insured's |
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being intoxicated or under the influence of any narcotic unless the |
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narcotic is administered on the advice of a physician." |
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(b) An individual accident and health insurance policy may |
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not contain the provision described by Subsection (a) unless the |
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insured is given notice of such policy and an option to opt out of |
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Subsection (a). An insured may purchase an optional rider to |
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provide coverage such that the insurer is liable for any loss |
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sustained or contracted in consequence of the insured's being |
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intoxicated or under the influence of any narcotic if the narcotic |
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is not administered on the advice of a physician. |
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SECTION 2. The change in law made by this Act applies only |
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to a health benefit plan that is delivered, issued for delivery, or |
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renewed on or after January 1, 2014. A health benefit plan that is |
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delivered, issued for delivery, or renewed before January 1, 2014, |
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is governed by the law in effect immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |