| |
| |
| |
|
|
AN ACT
|
|
|
relating to benefits payable under certain health coverages. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subtitle E, Title 8, Insurance Code, is amended |
|
|
by adding Chapter 1425 to read as follows: |
|
|
CHAPTER 1425. APPLICATION OF SUBTITLE TO CERTAIN COVERAGE |
|
|
Sec. 1425.001. EXEMPTION FROM APPLICATION OF SUBTITLE. |
|
|
(a) Except as provided by Section 1425.002, a provision of this |
|
|
subtitle that becomes effective on or after January 2, 2010, does |
|
|
not apply to: |
|
|
(1) a plan that provides coverage only: |
|
|
(A) for a specified disease or diseases or under |
|
|
an individual limited benefit policy; |
|
|
(B) for accidental death or dismemberment; |
|
|
(C) as a supplement to a liability insurance |
|
|
policy; or |
|
|
(D) for dental or vision care; |
|
|
(2) disability income insurance coverage or a |
|
|
combination of accident-only and disability income insurance |
|
|
coverage; |
|
|
(3) credit insurance coverage; |
|
|
(4) a hospital confinement indemnity policy; |
|
|
(5) a Medicare supplemental policy as defined by |
|
|
Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss); |
|
|
(6) a workers' compensation insurance policy; |
|
|
(7) medical payment insurance coverage provided under |
|
|
a motor vehicle insurance policy; |
|
|
(8) a long-term care insurance policy, including a |
|
|
nursing home fixed indemnity policy, except as provided by |
|
|
Subsection (b); or |
|
|
(9) an occupational accident policy. |
|
|
(b) A long-term care insurance policy, including a nursing |
|
|
home fixed indemnity policy, is subject to this subtitle if the |
|
|
commissioner determines that the policy provides benefits so |
|
|
comprehensive that it is a health benefit plan and should not be |
|
|
subject to the exemption provided under this section. |
|
|
Sec. 1425.002. SPECIFIC LANGUAGE CONTROLS. A provision of |
|
|
this subtitle that becomes effective on or after January 2, 2010, |
|
|
and that requires coverage or the offer of coverage of a health care |
|
|
service or benefit applies to a plan or policy described by Section |
|
|
1425.001(a) only to the extent expressly and specifically provided |
|
|
by law. |
|
|
SECTION 2. 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, 2009. |
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 1479 passed the Senate on |
|
|
April 30, 2009, by the following vote: Yeas 31, Nays 0. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 1479 passed the House on |
|
|
May 15, 2009, by the following vote: Yeas 144, Nays 0, one present |
|
|
not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |