Bill Text: TX HB214 | 2017 | 85th Legislature 1st Special Session | Enrolled
Bill Title: Relating to health plan and health benefit plan coverage for elective abortion.
Spectrum: Partisan Bill (Republican 80-0)
Status: (Passed) 2017-08-15 - Effective on . . . . . . . . . . . . . . . [HB214 Detail]
Download: Texas-2017-HB214-Enrolled.html
| H.B. No. 214 | ||
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| relating to health plan and health benefit plan coverage for | ||
| elective abortion. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Title 8, Insurance Code, is amended by adding | ||
| Subtitle M to read as follows: | ||
| SUBTITLE M. FEDERAL PATIENT PROTECTION AND AFFORDABLE CARE ACT | ||
| CHAPTER 1695. LEGISLATIVE CONSIDERATIONS | ||
| Sec. 1695.001. CONSTITUTIONALITY OF PATIENT PROTECTION AND | ||
| AFFORDABLE CARE ACT. This subtitle does not constitute an | ||
| acknowledgment by the legislature of the legitimacy of the Patient | ||
| Protection and Affordable Care Act (Pub. L. No. 111-148) as a | ||
| constitutional exercise of the power of the United States Congress. | ||
| CHAPTER 1696. COVERAGE FOR ELECTIVE ABORTION; PROHIBITIONS AND | ||
| REQUIREMENTS | ||
| Sec. 1696.001. DEFINITIONS. In this chapter: | ||
| (1) "Elective abortion" means an abortion, as defined | ||
| by Section 245.002, Health and Safety Code, other than an abortion | ||
| performed due to a medical emergency as defined by Section 171.002, | ||
| Health and Safety Code. | ||
| (2) "Health benefit exchange" means an American Health | ||
| Benefit Exchange administered by the federal government or created | ||
| under Section 1311(b) of the Patient Protection and Affordable Care | ||
| Act (42 U.S.C. Section 18031(b)). | ||
| (3) "Qualified health plan" has the meaning assigned | ||
| by Section 1301(a) of the Patient Protection and Affordable Care | ||
| Act (42 U.S.C. Section 18021(a)). | ||
| Sec. 1696.002. PROHIBITED COVERAGE THROUGH HEALTH BENEFIT | ||
| EXCHANGE. (a) A qualified health plan offered through a health | ||
| benefit exchange may not provide coverage for elective abortion. | ||
| (b) This section does not prevent a person from purchasing | ||
| optional or supplemental coverage for elective abortion under a | ||
| health benefit plan other than a qualified health plan offered | ||
| through a health benefit exchange. | ||
| SECTION 2. Subtitle A, Title 8, Insurance Code, is amended | ||
| by adding Chapter 1218 to read as follows: | ||
| CHAPTER 1218. COVERAGE FOR ELECTIVE ABORTION; PROHIBITIONS AND | ||
| REQUIREMENTS | ||
| Sec. 1218.001. DEFINITION. In this chapter, "elective | ||
| abortion" means an abortion, as defined by Section 245.002, Health | ||
| and Safety Code, other than an abortion performed due to a medical | ||
| emergency as defined by Section 171.002, Health and Safety Code. | ||
| Sec. 1218.002. APPLICABILITY OF CHAPTER. (a) This chapter | ||
| applies only to a health benefit plan that provides benefits for | ||
| medical or surgical expenses incurred as a result of a health | ||
| condition, accident, or sickness, including an individual, group, | ||
| blanket, or franchise insurance policy or insurance agreement, a | ||
| group hospital service contract, or an individual or group evidence | ||
| of coverage or similar coverage document that is offered by: | ||
| (1) an insurance company; | ||
| (2) a group hospital service corporation operating | ||
| under Chapter 842; | ||
| (3) a fraternal benefit society operating under | ||
| Chapter 885; | ||
| (4) a stipulated premium company operating under | ||
| Chapter 884; | ||
| (5) an exchange operating under Chapter 942; | ||
| (6) a health maintenance organization operating under | ||
| Chapter 843; | ||
| (7) a multiple employer welfare arrangement that holds | ||
| a certificate of authority under Chapter 846; or | ||
| (8) an approved nonprofit health corporation that | ||
| holds a certificate of authority under Chapter 844. | ||
| (b) This chapter applies to group health coverage made | ||
| available by a school district in accordance with Section 22.004, | ||
| Education Code. | ||
| (c) Notwithstanding any provision in Chapter 1551, 1575, | ||
| 1579, or 1601 or any other law, this chapter applies to: | ||
| (1) a basic coverage plan under Chapter 1551; | ||
| (2) a basic plan under Chapter 1575; | ||
| (3) a primary care coverage plan under Chapter 1579; | ||
| and | ||
| (4) basic coverage under Chapter 1601. | ||
| (d) Notwithstanding Section 1501.251 or any other law, this | ||
| chapter applies to coverage under a small or large employer health | ||
| benefit plan subject to Chapter 1501. | ||
| (e) Notwithstanding Section 1507.003 or 1507.053 or any | ||
| other law, this chapter applies to a standard health benefit plan | ||
| provided under Chapter 1507. | ||
| Sec. 1218.003. CERTAIN COVERAGE NOT AFFECTED. This chapter | ||
| does not apply to health benefit plan coverage provided to an | ||
| enrollee for any abortion other than an elective abortion as | ||
| defined by Section 1218.001. | ||
| Sec. 1218.004. COVERAGE BY HEALTH BENEFIT PLAN. A health | ||
| benefit plan may provide coverage for elective abortion only if: | ||
| (1) the coverage is provided to an enrollee separately | ||
| from other health benefit plan coverage offered by the health | ||
| benefit plan issuer; | ||
| (2) the enrollee pays the premium for coverage for | ||
| elective abortion separately from, and in addition to, the premium | ||
| for other health benefit plan coverage, if any; and | ||
| (3) the enrollee provides a signature for coverage for | ||
| elective abortion, separately and distinct from the signature | ||
| required for other health benefit plan coverage, if any, provided | ||
| to the enrollee by the health benefit plan issuer. | ||
| Sec. 1218.005. CALCULATION OF PREMIUM. (a) A health | ||
| benefit plan issuer that provides coverage for elective abortion | ||
| shall calculate the premium for the coverage so that the premium | ||
| fully covers the estimated cost of elective abortion per enrollee, | ||
| determined on an actuarial basis. | ||
| (b) In calculating a premium under Subsection (a), the | ||
| health benefit plan issuer may not take into account any cost | ||
| savings in other health benefit plan coverage offered by the health | ||
| benefit plan issuer that is estimated to result from coverage for | ||
| elective abortion. | ||
| (c) A health benefit plan issuer may not provide a premium | ||
| discount to or reduce the premium for an enrollee for other health | ||
| benefit plan coverage on the basis that the enrollee has coverage | ||
| for elective abortion. | ||
| Sec. 1218.006. NOTICE BY ISSUER. A health benefit plan | ||
| issuer that provides coverage for elective abortion shall at the | ||
| time of enrollment in other health benefit plan coverage provide | ||
| each enrollee with a notice that: | ||
| (1) coverage for elective abortion is optional and | ||
| separate from other health benefit plan coverage offered by the | ||
| health benefit plan issuer; | ||
| (2) the premium cost for coverage for elective | ||
| abortion is a premium paid separately from, and in addition to, the | ||
| premium for other health benefit plan coverage offered by the | ||
| health benefit plan issuer; and | ||
| (3) the enrollee may enroll in a health benefit plan | ||
| without obtaining coverage for elective abortion. | ||
| SECTION 3. This Act applies only to a qualified health plan | ||
| offered through a health benefit exchange or a health benefit plan | ||
| that is delivered, issued for delivery, or renewed on or after April | ||
| 1, 2018. A qualified health plan offered through a health benefit | ||
| exchange or a health benefit plan that is delivered, issued for | ||
| delivery, or renewed before April 1, 2018, is governed by the law as | ||
| it existed immediately before the effective date of this Act, and | ||
| that law is continued in effect for that purpose. | ||
| SECTION 4. This Act takes effect December 1, 2017. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 214 was passed by the House on August | ||
| 9, 2017, by the following vote: Yeas 92, Nays 46, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 214 was passed by the Senate on August | ||
| 13, 2017, by the following vote: Yeas 20, Nays 10. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
