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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibited actions regarding health benefit plan |
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coverage for enrollees who refuse to have an abortion; providing a |
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civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 1454, Insurance Code, is |
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amended by adding Section 1454.003 to read as follows: |
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Sec. 1454.003. LOSS OF COVERAGE FOR ABORTION REFUSAL |
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PROHIBITED. (a) A health benefit plan issuer may not condition |
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continued health benefit coverage for an enrollee on the enrollee |
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having or require the enrollee to have an abortion regardless of |
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whether a physician or health care practitioner has diagnosed the |
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enrollee's unborn child as unviable or having a fetal abnormality. |
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(b) The attorney general shall monitor enforcement of this |
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section and establish a complaint system for a person to report a |
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violation of this section. The attorney general shall notify the |
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department of a valid complaint. |
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(c) In addition to a sanction under Chapter 82, an |
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administrative penalty under Chapter 84, or any other enforcement |
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authorized under Subtitle B, Title 2, a health benefit plan issuer |
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that violates this section is subject to a civil penalty in an |
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amount of not more than $1,000 for each violation and for each day |
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of a continuing violation. The attorney general may recover |
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reasonable attorney's fees and costs incurred in bringing a suit to |
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recover the civil penalty. |
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SECTION 2. The heading to Chapter 1696, Insurance Code, is |
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amended to read as follows: |
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CHAPTER 1696. COVERAGE FOR AND REQUIREMENT TO HAVE ELECTIVE |
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ABORTION; PROHIBITIONS AND REQUIREMENTS |
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SECTION 3. The heading to Section 1696.002, Insurance Code, |
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is amended to read as follows: |
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Sec. 1696.002. PROHIBITED COVERAGE AND REQUIREMENTS |
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THROUGH HEALTH BENEFIT EXCHANGE. |
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SECTION 4. Chapter 1696, Insurance Code, is amended by |
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adding Section 1696.003 to read as follows: |
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Sec. 1696.003. LOSS OF COVERAGE FOR ABORTION REFUSAL |
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PROHIBITED. (a) An issuer of a qualified plan offered through a |
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health benefit exchange may not condition continued health benefit |
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coverage for an enrollee on the enrollee having or require the |
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enrollee to have an abortion regardless of whether a physician or |
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|
health care practitioner has diagnosed the enrollee's unborn child |
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|
as unviable or having a fetal abnormality. |
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|
(b) The attorney general shall monitor enforcement of this |
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|
section and establish a complaint system for a person to report a |
|
|
violation of this section. The attorney general shall notify the |
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|
department of a valid complaint. |
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|
(c) In addition to a sanction under Chapter 82, an |
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|
administrative penalty under Chapter 84, or any other enforcement |
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|
authorized under Subtitle B, Title 2, an issuer of a qualified plan |
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offered through a health benefit exchange that violates this |
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section is subject to a civil penalty in an amount of not more than |
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|
$1,000 for each violation and for each day of a continuing |
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violation. The attorney general may recover reasonable attorney's |
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fees and costs incurred in bringing a suit to recover the civil |
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penalty. |
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SECTION 5. The changes in law made by this Act apply only to |
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a health benefit or qualified plan delivered, issued for delivery, |
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or renewed on or after January 1, 2022. |
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SECTION 6. This Act takes effect September 1, 2021. |