HBA-TYH H.B. 3275 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3275
By: Averitt
Insurance
3/25/1999
Introduced



BACKGROUND AND PURPOSE 

During the 104th Congress, the passage of H.R. 3103 (Kassebaum/Kennedy)
instituted several major health insurance reforms related to insurance
portability and availability.  The federal law required the state of Texas
to adopt certain provisions of the law in order to comply with reforms
related to preexisting condition restrictions, portability, and
availability of health insurance.  As a result, the Texas Insurance Code
now has a provision requiring an individual to enroll in a health benefit
plan within 63 days of lapse of prior coverage to avoid a preexisting
condition waiting period.  H.B. 3275 increases the allowable time between
coverage from 63 days to 110 days for large employer plans. This allows the
insurance consumer additional days within which to seek and purchase a
health benefit package. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 1(H)(4)(a), Chapter 397, Acts of the 54th
Legislature, Regular Session, 1995 (Article 3.70-1, V.T.I.C.), to allow an
individual who was continuously covered for a specified aggregate period by
health insurance that was in effect up to a date not more than 110, rather
than 63, days before the effective date of coverage under the pool. 

SECTION 2.  Amends Section 10(a), Article 3.77, Insurance Code, to make a
conforming change. 

SECTION 3.  Amends Section 12(b), Article 3.77, Insurance Code, to make
conforming changes. 

SECTION 4.  Amends Article 3.95-4.8(e), Insurance Code, to make a
conforming change. 

SECTION 5.  Amends Article 26.49(e), Insurance Code, to make a conforming
change. 

SECTION 6.  Amends Article 26.90(e), Insurance Code, to make a conforming
change. 

SECTION 7.Effective date: September 1, 1999.
  Makes application of this Act prospective, as of January 1, 2000.

SECTION 8.  Emergency clause.