HBA-TBM H.B. 1440 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1440
By: Averitt
Insurance
7/9/2001
Enrolled


BACKGROUND AND PURPOSE 

Prior to the 77th Legislative Session, state law allowed a health insurance
plan to terminate coverage for children of enrollees at the age of 19, or
23 if the dependent child was a student.  The 18-24 age group represents a
large segment of the uninsured population in Texas.  Between 1996 and 1998,
the Texas Health and Human Services Commission reports that 42 percent of
Texans aged 18 to 24 were uninsured. One possible solution for this problem
is raising the age limits for the dependent children and grandchildren of
health plan enrollees.  House Bill 1440 raises the age limit for the
coverage of dependents through age 24.   

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. 

ANALYSIS

House Bill 1440 amends the Insurance Code to provide that individual or
group health benefit coverage for children of policyholders extends to
children under 25 years of age.  A health benefit plan may not condition
coverage for a child younger than 25 years of age on the child's being
enrolled at an educational institution (Secs. 2 and 3, Art. 21.24-2).  The
bill changes the age of full-time students that may be covered as
dependents from under 23 years of age to under 25 years of age (Secs. 2 and
10, Art. 3.77; Secs, 2 and 3, Art. 21.24-2; and Art. 26.02).   

A health insurance policy that provides coverage for a child of the
policyholder must provide coverage for any unmarried grandchild of the
policyholder if the grandchild is under 25 years of age and is claimed as a
dependent by the policyholder for federal income tax purposes at the time
application for coverage of the grandchild is made (Sec. 3E, Art. 3.51-6;
Sec. 2, Art. 3.70-2; Sec. 9H, Art. 20A.09; and Art. 26.02). Coverage for a
grandchild may not be terminated solely because the covered child is no
longer a dependent of the policyholder for federal income tax purposes
(Sec. 3E, Art. 3.51-6; Sec. 2, Art. 3.70-2).   

The bill prohibits a group or individual accident and sickness insurance
policy that provides coverage for children of an insured from excluding or
discontinuing service for or setting a different premium for a child of the
policyholder's spouse regardless of whether the child resides with the
policyholder (Sec. 2, Art. 3.70-2).   

EFFECTIVE DATE

September 1, 2001.  This Act applies only to a policy, plan, contract, or
evidence of coverage delivered, issued for delivery, or renewed on or after
January 1, 2002.