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AN ACT
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relating to the eligibility of certain individuals younger than 65 |
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years of age to purchase Medicare supplement benefit plans. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Chris Larkin ALS |
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Act. |
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SECTION 2. Subchapter B, Chapter 1652, Insurance Code, is |
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amended by adding Sections 1652.059 and 1652.060 to read as |
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follows: |
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Sec. 1652.059. COVERAGE FOR CERTAIN INDIVIDUALS YOUNGER |
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THAN 65. (a) In this section, "entity" means an entity that |
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delivers or issues for delivery a Medicare supplement benefit plan |
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in this state. |
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(b) An entity that offers coverage under a Medicare |
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supplement benefit plan to individuals 65 years of age or older must |
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offer the same coverage to individuals younger than 65 years of age |
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who are eligible for and enrolled in Medicare by reason of end stage |
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renal disease or amyotrophic lateral sclerosis. |
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(c) Except as otherwise provided by rules adopted under |
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Section 1652.051, any benefit, protection, policy, or procedure |
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applicable to coverage under a plan for an individual 65 years of |
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age or older must apply to coverage offered under Subsection (b). |
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(d) A standardized Plan A, Plan B, or Plan D Medicare |
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supplement benefit plan offered under Subsection (b) must be |
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offered at the same premium rate charged for the plan to an |
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individual 65 years of age. A premium rate for a Medicare |
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supplement benefit plan offered under Subsection (b), other than |
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Plan A, Plan B, or Plan D, may not exceed 200 percent of the premium |
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rate charged for the same plan to an individual 65 years of age. |
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Sec. 1652.060. ENROLLMENT PERIOD FOR CERTAIN INDIVIDUALS |
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YOUNGER THAN 65. (a) In this section, "entity" means an entity |
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that delivers or issues for delivery a Medicare supplement benefit |
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plan in this state. |
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(b) An individual eligible for coverage under a Medicare |
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supplement benefit plan under Section 1652.059 may enroll any time |
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during the six-month period beginning the first day of the first |
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month the individual becomes enrolled for benefits under Medicare |
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Part B. |
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(c) During an enrollment period, an entity may not, with |
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respect to an applicant who is an individual described by |
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Subsection (b): |
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(1) deny or condition the issuance or effectiveness of |
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a Medicare supplement benefit plan or certificate that the entity |
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offers and is available for issuance in this state; |
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(2) subject the applicant to medical underwriting or |
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discriminate in the price of a Medicare supplement benefit plan or |
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certificate because of the applicant's health status, claims |
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experience, receipt of health care, or medical condition; |
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(3) impose a waiting period; or |
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(4) impose a limitation or exclusion of benefits based |
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on the applicant's preexisting condition. |
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(d) The commissioner shall adopt rules as necessary to |
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administer this section, including rules designating enrollment |
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periods. |
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SECTION 3. The changes in law made by this Act apply only to |
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a Medicare supplement benefit plan delivered, issued for delivery, |
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or renewed on or after September 1, 2025. |
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SECTION 4. In addition to other enrollment periods provided |
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by law, an individual younger than 65 years of age and enrolled in |
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Medicare Part B by reason of end stage renal disease or amyotrophic |
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lateral sclerosis on the effective date of this Act may apply for |
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coverage under a Medicare supplement benefit plan: |
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(1) after December 1, 2025, and before June 1, 2026; or |
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(2) if the individual is unable to submit an |
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application for coverage under the plan during the period described |
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by Subdivision (1) of this section because the application is not |
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available and the individual requested the application during that |
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period, during a six-month period beginning on the date the |
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application initially becomes available. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2516 was passed by the House on May 6, |
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2025, by the following vote: Yeas 130, Nays 19, 1 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 2516 on May 28, 2025, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 2516 on June 1, 2025, by the following vote: Yeas 132, |
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Nays 5, 2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2516 was passed by the Senate, with |
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amendments, on May 26, 2025, by the following vote: Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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2516 on June 1, 2025, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |