S.B. No. 2016
 
 
 
 
AN ACT
  relating to the applicability of certain provisions mandating the
  provision by certain health benefit plans of health benefits
  requiring cost defrayal by this state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 1425, Insurance Code, is amended by
  adding Subchapter A, and a heading is added to that subchapter to
  read as follows:
  SUBCHAPTER A.  EXCEPTED BENEFITS
         SECTION 2.  Sections 1425.001 and 1425.002, Insurance Code,
  are transferred to Subchapter A, Chapter 1425, Insurance Code, as
  added by this Act.
         SECTION 3.  Chapter 1425, Insurance Code, is amended by
  adding Subchapter B to read as follows:
  SUBCHAPTER B.  BENEFITS REQUIRING DEFRAYAL
         Sec. 1425.051.  DEFINITION. In this subchapter, "qualified
  health plan" has the meaning assigned by 45 C.F.R. Section 155.20. 
         Sec. 1425.052.  EXEMPTION FROM SUBTITLE FOR BENEFITS
  REQUIRING DEFRAYAL. (a)  A provision of this subtitle that is
  enacted on or after January 1, 2012, does not apply to a qualified
  health plan if a determination is made under 45 C.F.R. Section
  155.170 that:
               (1)  the provision requires the qualified health plan
  to offer benefits in addition to the essential health benefits
  required under 42 U.S.C. Section 18022(b); and
               (2)  this state must make payments to defray the cost of
  the additional benefits mandated by the provision.
         (b)  If a determination described by Subsection (a) is made
  as to a qualified health plan, the provision to which the
  determination relates does not apply to a non-qualified health plan
  if the non-qualified health plan is offered in the same market as
  the qualified health plan.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 2016 passed the Senate on    
  April 19, 2021, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 2016 passed the House on        
  May 26, 2021, by the following vote:  Yeas 138, Nays 9, two present
  not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor