HB 139 Introduced

Relating to employer health benefit plans that do not include state-mandated health benefits. 

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A BILL TO BE ENTITLED

 

AN ACT

 

relating to employer health benefit plans that do not include

 

state-mandated health benefits.

 

       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 

       SECTION 1.  Subtitle G, Title 8, Insurance Code, is amended

 

by adding Chapter 1506 to read as follows:

 

CHAPTER 1506.  EMPLOYER CHOICE OF BENEFITS PLANS

 

SUBCHAPTER A.  GENERAL PROVISIONS

 

       Sec. 1506.001.  DEFINITIONS. In this chapter:

 

             (1)  “Employer choice of benefits plan” means a group

 

health benefit plan offered to an employer that, wholly or partly,

 

does not offer or provide state-mandated health benefits, but that

 

provides creditable coverage as defined by Section 1205.004(a) or

 

1501.102(a).

 

             (2)  “Health benefit plan issuer” means any entity

 

authorized under this code or another insurance law of this state to

 

provide health insurance or health benefits in this state.  The term

 

includes an insurance company, a group hospital service corporation

 

operating under Chapter 842, a health maintenance organization

 

operating under Chapter 843, and a stipulated premium company

 

operating under Chapter 844.

 

             (3)  “State-mandated health benefits” means coverage

 

or another feature required under this code or other laws of this

 

state to be provided in a group health benefit plan that:

 

                   (A)  includes coverage for specific health care

 

services or benefits;

 

                   (B)  places limitations or restrictions on

 

deductibles, coinsurance, copayments, or any annual or lifetime

 

maximum benefit amounts, including limitations provided by

 

commissioner rule;

 

                   (C)  includes a specific category of licensed

 

health care practitioner from whom an enrollee is entitled to

 

receive care;

 

                   (D)  requires standard provisions or rights that

 

are unrelated to a specific health illness, injury, or condition of

 

an enrollee; or

 

                   (E)  requires the health benefit plan to exceed

 

federal requirements.

 

       Sec. 1506.002.  RULES. The commissioner shall adopt rules

 

necessary to implement this chapter.

 

SUBCHAPTER B.  EMPLOYER CHOICE OF BENEFITS PLANS

 

       Sec. 1506.101.  PLANS AUTHORIZED. (a)  A health benefit plan

 

issuer may offer one or more employer choice of benefits plans.

 

       (b)  An employer choice of benefits plan must include

 

coverage for essential health benefits as defined by 42 C.F.R.

 

Section 440.347.

 

       Sec. 1506.102.  NOTICE TO ENROLLEES. (a)  Each written

 

application to enroll in an employer choice of benefits plan must

 

contain the following language at the beginning of the document in

 

bold type:

 

             “You have the option to enroll in this Employer Choice

 

of Benefits Plan that, either wholly or partly, does not provide

 

state-mandated health benefits normally required in health benefit

 

plans in Texas.  This employer health benefit plan may provide a

 

more affordable health benefit plan for you, although, at the same

 

time, it may provide you with fewer health benefits than those

 

normally included as state-mandated health benefits in health

 

benefit plans in Texas.  If you choose this employer health benefit

 

plan, please consult with your insurance agent to discover which

 

state-mandated health benefits are excluded from this health

 

benefit plan.”

 

       (b)  Each employer choice of benefits plan must contain the

 

following language at the beginning of the document in bold type:

 

             “This Employer Choice of Benefits Plan, either wholly

 

or partly, does not provide state-mandated health benefits normally

 

required in health benefit plans in Texas.  This employer health

 

benefit plan may provide a more affordable health benefit plan for

 

you, although, at the same time, it may provide you with fewer

 

health benefits than those normally included as state-mandated

 

health benefits in health benefit plans in Texas.  Please consult

 

with your insurance agent to discover which state-mandated health

 

benefits are excluded from this health benefit plan.”

 

       Sec. 1506.103.  DISCLOSURE STATEMENT. (a)  Before a health

 

benefit plan issuer may contract to provide an employer choice of

 

benefits plan to an employer, the issuer must provide the employer

 

with a written disclosure statement that:

 

             (1)  acknowledges that the employer health benefit plan

 

being contracted for does not provide some or all state-mandated

 

health benefits; and

 

             (2)  lists those state-mandated health benefits not

 

included in the plan.

 

       (b)  An employer entering into an initial contract for an

 

employer choice of benefits plan must sign the disclosure statement

 

provided by the health benefit plan issuer under Subsection (a) and

 

return the statement to the issuer. 

 

       (c)  A health benefit plan issuer shall:

 

             (1)  retain the signed disclosure statement in the

 

health benefit plan issuer’s records; and

 

             (2)  on request from the commissioner, provide the

 

signed disclosure statement to the department.

 

       Sec. 1506.104.  ADDITIONAL HEALTH BENEFIT PLANS. A health

 

benefit plan issuer that offers one or more employer choice of

 

benefits plans must also offer employers at least one group health

 

benefit plan that provides state-mandated health benefits and is

 

otherwise authorized by this code.

 

       Sec. 1506.105.  COVERAGE EXEMPT FROM INSURANCE LAW. An

 

employer choice of benefits plan provided under this chapter is

 

exempt from any other insurance law, including common law, that

 

does not expressly apply to the plan or this chapter.

 

       SECTION 2.  This Act takes effect immediately if it receives

 

a vote of two-thirds of all the members elected to each house, as

 

provided by Section 39, Article III, Texas Constitution.  If this

 

Act does not receive the vote necessary for immediate effect, this

 

Act takes effect September 1, 2025. 

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