Bill Text: TX SB1040 | 2023-2024 | 88th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to health benefit plan coverage of a transplant of an organ that originated from or is transplanted in a country known to have participated in forced organ harvesting.

Spectrum: Bipartisan Bill

Status: (Passed) 2023-06-18 - Effective on 9/1/23 [SB1040 Detail]

Download: Texas-2023-SB1040-Engrossed.html
 
 
  By: Kolkhorst, et al. S.B. No. 1040
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to health benefit plan coverage of a transplant of an organ
  that originated from or is transplanted in a country known to have
  participated in forced organ harvesting.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle E, Title 8, Insurance Code, is amended
  by adding Chapter 1380 to read as follows:
  CHAPTER 1380.  HUMAN ORGAN TRANSPLANT
         Sec. 1380.001.  DEFINITION.  In this chapter, "forced organ
  harvesting" means the removal of one or more organs from a living
  person by means of coercion, abduction, deception, fraud, or abuse
  of power or a position of vulnerability.
         Sec. 1380.002.  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 health maintenance organization operating under
  Chapter 843;
               (4)  an approved nonprofit health corporation that
  holds a certificate of authority under Chapter 844;
               (5)  a multiple employer welfare arrangement that holds
  a certificate of authority under Chapter 846;
               (6)  a stipulated premium company operating under
  Chapter 884;
               (7)  a fraternal benefit society operating under
  Chapter 885;
               (8)  a Lloyd's plan operating under Chapter 941; or
               (9)  an exchange operating under Chapter 942.
         (b)  Notwithstanding any other law, this chapter applies to:
               (1)  a small employer health benefit plan subject to
  Chapter 1501, including coverage provided through a health group
  cooperative under Subchapter B of that chapter;
               (2)  a standard health benefit plan issued under
  Chapter 1507;
               (3)  a basic coverage plan under Chapter 1551;
               (4)  a basic plan under Chapter 1575;
               (5)  a primary care coverage plan under Chapter 1579;
               (6)  a plan providing basic coverage under Chapter
  1601;
               (7)  health benefits provided by or through a church
  benefits board under Subchapter I, Chapter 22, Business
  Organizations Code;
               (8)  the state Medicaid program, including the Medicaid
  managed care program operated under Chapter 533, Government Code;
               (9)  the child health plan program under Chapter 62,
  Health and Safety Code;
               (10)  a regional or local health care program operated
  under Section 75.104, Health and Safety Code;
               (11)  a self-funded health benefit plan sponsored by a
  professional employer organization under Chapter 91, Labor Code;
               (12)  county employee group health benefits provided
  under Chapter 157, Local Government Code; and
               (13)  health and accident coverage provided by a risk
  pool created under Chapter 172, Local Government Code.
         Sec. 1380.003.  COVERAGE PROHIBITED. (a)  A health benefit
  plan issuer may not cover a human organ transplant or
  post-transplant care if:
               (1)  the transplant operation is performed in China or
  another country known to have participated in forced organ
  harvesting, as designated by the commissioner of state health
  services; or
               (2)  the human organ to be transplanted was procured by
  a sale or donation originating in China or another country known to
  have participated in forced organ harvesting, as designated by the
  commissioner of state health services.
         (b)  The commissioner of state health services may designate
  additional countries with governments that fund, sponsor, or
  otherwise facilitate forced organ harvesting and shall provide
  written notice to the commissioner, Teacher Retirement System of
  Texas, Employees Retirement System of Texas, and executive
  commissioner of the Health and Human Services Commission when the
  commissioner of state health services designates an additional
  country.
         SECTION 2.  If before implementing any provision of this Act
  a state agency determines that a waiver or authorization from a
  federal agency is necessary for implementation of that provision,
  the agency affected by the provision shall request the waiver or
  authorization and may delay implementing that provision until the
  waiver or authorization is granted.
         SECTION 3.  Chapter 1380, Insurance Code, as added by this
  Act, applies only to a health benefit plan delivered, issued for
  delivery, or renewed on or after January 1, 2024.
         SECTION 4.  This Act takes effect September 1, 2023.
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