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A BILL TO BE ENTITLED
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AN ACT
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relating to health benefit plan coverage for conversion therapy. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle E, Title 8, Insurance Code, is amended |
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by adding Chapter 1372 to read as follows: |
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CHAPTER 1372. PROHIBITION ON COVERAGE OF CONVERSION THERAPY |
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Sec. 1372.001. DEFINITIONS. In this chapter: |
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(1) "Conversion therapy" means a practice or treatment |
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provided to a person by a health care provider or nonprofit |
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organization that seeks to: |
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(A) change the person's sexual orientation, |
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including by attempting to change the person's behavior or gender |
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identity or expression; or |
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(B) eliminate or reduce the person's sexual or |
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romantic attractions or feelings toward individuals of the same |
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sex. |
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(2) "Gender identity or expression" means a person's |
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having, or being perceived as having, a gender-related identity, |
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appearance, expression, or behavior, whether or not that identity, |
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appearance, expression, or behavior is different from that commonly |
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associated with the person's assigned sex at birth. |
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(3) "Sexual orientation" means the actual or perceived |
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status of a person with respect to the person's sexuality. |
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Sec. 1372.002. APPLICABILITY OF CHAPTER. (a) This chapter |
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applies only to a health benefit plan that provides benefits for |
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medical or surgical expenses incurred as a result of a health |
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condition, accident, or sickness, including an individual, group, |
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blanket, or franchise insurance policy or insurance agreement, a |
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group hospital service contract, or an individual or group evidence |
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of coverage or similar coverage document that is offered by: |
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(1) an insurance company; |
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(2) a group hospital service corporation operating |
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under Chapter 842; |
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(3) a health maintenance organization operating under |
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Chapter 843; |
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(4) an approved nonprofit health corporation that |
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holds a certificate of authority under Chapter 844; |
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(5) a multiple employer welfare arrangement that holds |
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a certificate of authority under Chapter 846; |
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(6) a stipulated premium company operating under |
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Chapter 884; |
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(7) a fraternal benefit society operating under |
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Chapter 885; |
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(8) a Lloyd's plan operating under Chapter 941; or |
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(9) an exchange operating under Chapter 942. |
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(b) Notwithstanding any other law, this chapter applies to: |
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(1) a small employer health benefit plan subject to |
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Chapter 1501, including coverage provided through a health group |
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cooperative under Subchapter B of that chapter; |
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(2) a standard health benefit plan issued under |
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Chapter 1507; |
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(3) a basic coverage plan under Chapter 1551; |
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(4) a basic plan under Chapter 1575; |
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(5) a primary care coverage plan under Chapter 1579; |
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(6) a plan providing basic coverage under Chapter |
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1601; |
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(7) health benefits provided by or through a church |
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benefits board under Subchapter I, Chapter 22, Business |
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Organizations Code; |
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(8) the state Medicaid program, including the Medicaid |
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managed care program operated under Chapter 533, Government Code; |
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(9) the child health plan program under Chapter 62, |
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Health and Safety Code; |
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(10) a regional or local health care program operated |
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under Section 75.104, Health and Safety Code; |
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(11) a self-funded health benefit plan sponsored by a |
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professional employer organization under Chapter 91, Labor Code; |
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(12) county employee group health benefits provided |
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under Chapter 157, Local Government Code; and |
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(13) health and accident coverage provided by a risk |
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pool created under Chapter 172, Local Government Code. |
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Sec. 1372.003. PROHIBITED COVERAGE. A health benefit plan |
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issuer may not provide coverage for conversion therapy. |
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SECTION 2. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 3. 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, 2024. A health benefit plan that is |
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delivered, issued for delivery, or renewed before January 1, 2024, |
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is governed by the law as it existed immediately before the |
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effective date of this Act, and that law is continued in effect for |
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that purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |