HBA-NRS H.B. 329 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 329 By: Lewis, Glenn Insurance 2/22/2001 Introduced BACKGROUND AND PURPOSE Many preexisting health conditions such as chronic illness, diabetes, and consistent miscarriages may effect the outcome of a pregnancy or childbirth, and insurance providers may be reluctant to offer benefits to women with these types of preexisting risk factors. Insurance coverage for pregnant women can lead to better prenatal care and lower infant mortality rates. House Bill 329 establishes that a health benefit plan must provide a woman with benefits under the plan for medically necessary expenses incurred as a result of pregnancy or childbirth, regardless of preexisting risk factors related to pregnancy or childbirth. 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 3, Article 21.53H, Insurance Code) of this bill. ANALYSIS House Bill 329 amends the Insurance Code to establish that certain health benefit plans must provide a woman with benefits for medically necessary expenses incurred as a result of pregnancy or childbirth, regardless of whether the woman has preexisting risk factors related to pregnancy or childbirth. The bill authorizes such health benefit plans to be subject to annual deductibles, copayments, and coinsurance that are consistent with annual deductibles, copayments, and coinsurance required for other benefits under the plan. The bill prohibits required benefits from being subject to dollar limitations other than the health benefit plan's lifetime maximum benefits. The bill authorizes the commissioner of insurance to adopt rules as necessary to implement coverage for maternity benefits. The bill provides that coverage for maternity benefits applies only to certain health benefits plans that provide benefits for medical or surgical expenses incurred as a result of a health condition, accident, or sickness. The bill provides that a "health benefit plan" does not include certain coverage plans, a Medicare supplemental policy, a workers' compensation insurance policy, medical payment insurance coverage provided under a motor vehicle insurance policy, or a long-term care insurance policy, unless the commissioner of insurance makes a specified determination. EFFECTIVE DATE September 1, 2001, and applies only to a health benefit plan delivered, issued for delivery, or renewed on or after January 1, 2002.