H.B. No. 1290
  relating to health benefit plan coverage for bariatric surgery and
  for certain tests for the early detection of cardiovascular
         SECTION 1.  Subtitle E, Title 8, Insurance Code, is amended
  by adding Chapter 1376 to read as follows:
         Sec. 1376.001.  APPLICABILITY OF CHAPTER. (a)  This chapter
  applies only to a health benefit plan that:
               (1)  provides benefits for medical or surgical expenses
  incurred as a result of a health condition, accident, or sickness,
                     (A)  an individual, group, blanket, or franchise
  insurance policy or insurance agreement, a group hospital service
  contract, or an individual or group evidence of coverage that is
  offered by:
                           (i)  an insurance company;
                           (ii)  a group hospital service corporation
  operating under Chapter 842;
                           (iii)  a fraternal benefit society operating
  under Chapter 885;
                           (iv)  a Lloyd's plan operating under Chapter
                           (v)  a stipulated premium company operating
  under Chapter 884; or
                           (vi)  a health maintenance organization
  operating under Chapter 843;
                     (B)  a health benefit plan that is offered by a
  multiple employer welfare arrangement that holds a certificate of
  authority under Chapter 846;
                     (C)  a small employer health benefit plan written
  under Chapter 1501; or
                     (D)  a Medicare supplemental policy as defined by
  Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss);
               (2)  is offered by an approved nonprofit health
  corporation operating under Chapter 844.
         (b)  Notwithstanding any provision in Chapter 1601 or any
  other law, this chapter applies to basic coverage under Chapter
         Sec. 1376.002.  EXCEPTIONS. This chapter does not apply to:
               (1)  a plan that provides coverage:
                     (A)  only for a specified disease or other limited
                     (B)  only for accidental death or dismemberment;
                     (C)  for wages or payments in lieu of wages for a
  period during which an employee is absent from work because of
  sickness or injury;
                     (D)  as a supplement to a liability insurance
  policy; or
                     (E)  only for indemnity for hospital confinement;
               (2)  a standard health benefit plan issued under
  Chapter 1507;
               (3)  a workers' compensation insurance policy;
               (4)  medical payment insurance coverage provided under
  a motor vehicle insurance policy; or
               (5)  a long-term care policy, including a nursing home
  fixed indemnity policy, unless the commissioner determines that the
  policy provides benefit coverage so comprehensive that the policy
  is a health benefit plan as described by Section 1376.001.
         Sec. 1376.003.  MINIMUM COVERAGE REQUIRED. (a)  A health
  benefit plan that provides coverage for screening medical
  procedures must provide the minimum coverage required by this
  section to each covered individual:
               (1)  who is:
                     (A)  a male older than 45 years of age and younger
  than 76 years of age; or
                     (B)  a female older than 55 years of age and
  younger than 76 years of age; and
               (2)  who:
                     (A)  is diabetic; or
                     (B)  has a risk of developing coronary heart
  disease, based on a score derived using the Framingham Heart Study
  coronary prediction algorithm, that is intermediate or higher.
         (b)  The minimum coverage required to be provided under this
  section is coverage of up to $200 for one of the following
  noninvasive screening tests for atherosclerosis and abnormal
  artery structure and function every five years, performed by a
  laboratory that is certified by a national organization recognized
  by the commissioner by rule for the purposes of this section:
               (1)  computed tomography (CT) scanning measuring
  coronary artery calcification; or
               (2)  ultrasonography measuring carotid intima-media
  thickness and plaque.
         SECTION 2.  Subchapter E, Chapter 1551, Insurance Code, is
  amended by adding Section 1551.225 to read as follows:
         Sec. 1551.225.  BARIATRIC SURGERY COVERAGE.  (a)  The board
  of trustees shall develop a cost-neutral or cost-positive plan for
  providing under the group benefits program bariatric surgery
  coverage for employees eligible to participate in the program under
  Section 1551.101.
         (b)  The board of trustees may adopt rules as necessary to
  implement this section.
         SECTION 3.  The board of trustees of the Employees
  Retirement System of Texas shall implement the plan required by
  Section 1551.225, Insurance Code, as added by this Act, as soon as
  practicable, but not later than September 1, 2010.
         SECTION 4.  The change in law made by this Act applies only
  to a health benefit plan delivered, issued for delivery, or renewed
  on or after January 1, 2010. A health benefit plan delivered,
  issued for delivery, or renewed before January 1, 2010, is governed
  by the law in effect immediately before the effective date of this
  Act, and that law is continued in effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2009.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I certify that H.B. No. 1290 was passed by the House on April
  21, 2009, by the following vote:  Yeas 87, Nays 57, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1290 on May 29, 2009, by the following vote:  Yeas 99, Nays 43,
  1 present, not voting.
  Chief Clerk of the House   
         I certify that H.B. No. 1290 was passed by the Senate, with
  amendments, on May 23, 2009, by the following vote:  Yeas 31, Nays
  Secretary of the Senate   
  APPROVED: __________________