87R9933 SCL-D
 
  By: Middleton, Cook, et al. H.B. No. 3028
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to vaccination requirements for health benefit plans or
  insurance policies provided to business entities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 544, Insurance Code, is amended by
  adding Subchapter M to read as follows:
  SUBCHAPTER M. VACCINATION STATUS
         Sec. 544.601.  APPLICABILITY OF SUBCHAPTER. (a) This
  subchapter applies to the issuer of a health benefit plan that
  provides benefits for medical or surgical expenses incurred as a
  result of a health condition, accident, or sickness, including a
  group, blanket, or franchise insurance policy or insurance
  agreement, a group hospital service contract, or a group evidence
  of coverage or similar coverage document that is offered by:
               (1)  an insurance company;
               (2)  a group hospital service corporation operating
  under Chapter 842;
               (3)  a health maintenance organization operating under
  Chapter 843;
               (4)  an approved nonprofit health corporation that
  holds a certificate of authority under Chapter 844;
               (5)  a multiple employer welfare arrangement that holds
  a certificate of authority under Chapter 846;
               (6)  a stipulated premium company operating under
  Chapter 884;
               (7)  a fraternal benefit society operating under
  Chapter 885;
               (8)  a Lloyd's plan operating under Chapter 941; or
               (9)  an exchange operating under Chapter 942.
         (b)  Notwithstanding any other law, this subchapter applies
  to:
               (1)  a small employer health benefit plan subject to
  Chapter 1501, including coverage provided through a health group
  cooperative under Subchapter B of that chapter; and
               (2)  a standard health benefit plan issued under
  Chapter 1507.
         (c)  This subchapter applies to a life insurance company
  that:
               (1)  issues or delivers a life insurance policy in this
  state; or
               (2)  is organized under the laws of this state.
         (d)  This subchapter applies to an insurer offering a
  property and casualty insurance policy to a business entity.
         Sec. 544.602.  VACCINATION REQUIREMENTS PROHIBITED. An
  insurer or other issuer offering a health benefit plan, life
  insurance policy, property and casualty insurance policy, or any
  other insurance policy written for business entities may not
  discriminate against an employee without a vaccination by requiring
  as a condition to purchase or maintain coverage, including an
  endorsement, that each of the business's employees is vaccinated.
         SECTION 2.  Subchapter M, Chapter 544, Insurance Code, as
  added by this Act, applies only to a health benefit plan or
  insurance policy delivered, issued for delivery, or renewed on or
  after January 1, 2022.
         SECTION 3.  This Act takes effect September 1, 2021.