HBA-TYH H.B. 969 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 969
By: Van de Putte
Insurance
6/3/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, Texas law did not require health benefit
plans to cover the treatment of a child for congenital developmental
defects or diseases.  However, policies that provide maternity or dependent
coverage must provide automatic coverage to a newborn child  for congenital
defects or abnormalities for the initial 31 days.  H.B. 969 provides that a
health benefit plan that provides benefits to a child who is younger than
18 years of age must define reconstructive surgery for craniofacial
abnormalities under the plan to mean surgery to improve the function of, or
to attempt to create a normal appearance of, an abnormal structure caused
by congenital defects, developmental deformities, trauma, tumors,
infections, or disease. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the commissioner of insurance in
SECTION 1 (Section 4, Article 21.53W, Insurance Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter E, Chapter 21, Insurance Code, by adding
Article 21.53W, as follows: 

Art. 21.53W.  COVERAGE FOR CRANIOFACIAL ABNORMALITIES

Sec. 1.  DEFINITIONS.  Defines "enrollee" and "health benefit plan."

Sec. 2.  SCOPE OF ARTICLE.  (a)  Provides that this article applies 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, including: 

(A)  an individual, group, blanket, or franchise insurance policy or
insurance agreement, a group hospital service contract, or an individual or
group that has coverage under the enumerated entities; or 

(B)  a health benefit plan that is offered by the enumerated entities, to
the extent permitted by the Employee Retirement Income Security Act of 1974
(29 U.S.C. Section 1001 et seq.) (Congressional Findings and Declaration of
Policy); or 

(2)  is offered by an approved nonprofit health corporation that is
certified under Section 5.01(a) (Certification of Certain Organizations),
Article 4495b, V.T.C.S., Medical Practice Act, and that holds a certificate
of authority issued by the commissioner of insurance (commissioner) under
Article 21.52F (Certification of Certain Nonprofit Health Corporations) of
this code.  

(b)  Provides that this article does not apply to:

(1)  a plan that provides coverage only for a specified disease or other
limited benefit,  only for accidental death or dismemberment, for wages or
payments in lieu of wages for a period during which an employee is absent
from work because of sickness or injury, as a supplement to liability
insurance, for credit insurance, only for dental or vision care; or only
for indemnity for hospital confinement or other hospital expenses; 

(2)  a small employer health benefit plan written under Chapter 26 (Health
Insurance Availability) of this code; 
 
(3)  a Medicare supplemental policy as defined by Section 1882(g)(1),
Social Security Act (42 U.S.C. Section 1395ss) (Certification of Medicare
Supplemental Health Insurance Policies); 

(4)  workers' compensation insurance coverage;
  
(5)  medical payment insurance issued as part of a motor vehicle insurance
policy; or 
  
(6)  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 Subsection (a) of this section.  

Sec. 3. COVERAGE.  Provides that a health benefit plan that provides
benefits to a child who is younger than 18 years of age must define
reconstructive surgery for craniofacial abnormalities under the plan to
mean surgery to improve the function of, or to attempt to create a normal
appearance of, an abnormal structure caused by congenital defects,
developmental deformities, trauma, tumors, infections, or disease. 

Sec. 4.  RULES.  Provides that the commissioner shall adopt rules as
necessary to administer this article. 

SECTION 2. Effective date: September 1, 1999.
  Makes application of this Act prospective, as of January 1, 2000.

SECTION 3.  Emergency clause.