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A BILL TO BE ENTITLED
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AN ACT
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relating to civil liability for an insurer's violation of certain |
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insurance laws. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 88.002, Civil Practice and Remedies |
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Code, is amended by adding Subsection (a-1) and amending Subsection |
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(d) to read as follows: |
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(a-1) A health insurance carrier is liable for damages for |
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harm to an insured caused by a violation of Section 1301.0057, |
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1301.0058, 1301.057(d), or 1301.067(a-1), Insurance Code. |
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Notwithstanding Section 88.003(a), Section 88.003 does not apply to |
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a cause of action under this subsection. |
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(d) The standards in Subsections (a), |
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(a-1), and (b) create |
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no obligation on the part of the health insurance carrier, health |
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maintenance organization, or other managed care entity to provide |
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to an insured or enrollee treatment which is not covered by the |
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health care plan of the entity. |
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SECTION 2. Section 88.002(a-1), Civil Practice and Remedies |
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Code, as added by this Act, applies only to a cause of action that |
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accrues on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2019. |