By: Zaffirini S.B. No. 401
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to health benefit coverage for general anesthesia in
  connection with certain pediatric dental services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 1367, Insurance Code, is amended by
  adding Subchapter G to read as follows:
  SUBCHAPTER G. PEDIATRIC DENTISTRY
         Sec. 1367.301.  APPLICABILITY OF SUBCHAPTER. (a)  This
  subchapter applies only to a health benefit plan that provides
  benefits for medical or surgical expenses incurred as a result of a
  health condition, accident, or sickness, including an individual,
  group, blanket, or franchise insurance policy or insurance
  agreement, a group hospital service contract, or an individual or
  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 insurance 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;
               (2)  a standard health benefit plan issued under
  Chapter 1507;
               (3)  a basic coverage plan under Chapter 1551;
               (4)  a basic plan under Chapter 1575;
               (5)  a primary care coverage plan under Chapter 1579;
               (6)  a plan providing basic coverage under Chapter
  1601;
               (7)  health benefits provided by or through a church
  benefits board under Subchapter I, Chapter 22, Business
  Organizations Code;
               (8)  a regional or local health care program operated
  under Section 75.104, Health and Safety Code; and
               (9)  a self-funded health benefit plan sponsored by a
  professional employer organization under Chapter 91, Labor Code.
         (c)  This subchapter applies to coverage under a group health
  benefit plan described by Subsection (a) provided to a resident of
  this state, regardless of whether the group policy, agreement, or
  contract is delivered, issued for delivery, or renewed in this
  state.
         Sec. 1367.302.  COVERAGE FOR GENERAL ANESTHESIA. A health
  benefit plan that provides coverage for general anesthesia may not
  exclude from coverage general anesthesia services in connection
  with dental services provided to a covered individual who is:
               (1)  younger than 18 years of age; and
               (2)  unable to undergo the dental service in an office
  setting due to a documented physical, mental, or medical reason
  determined by the individual's physician or by the dentist
  providing the dental care.
         Sec. 1367.303.  COVERAGE NOT REQUIRED. This subchapter does
  not require a health benefit plan to provide coverage for dental
  care or procedures.
         SECTION 2.  Subchapter G, Chapter 1367, Insurance Code, as
  added by this Act, applies only to a health benefit plan that is
  delivered, issued for delivery, or renewed on or after January 1,
  2022.
         SECTION 3.  This Act takes effect September 1, 2021.