88R12429 RDS-F
	By: Johnson	S.B. No. 2247

	A BILL TO BE ENTITLED
	AN ACT
	relating to limitations on health benefit plan cost-sharing
	requirements for preventive services.
	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. CERTAIN COST-SHARING FOR PREVENTIVE SERVICES
	PROHIBITED
	Sec. 1380.001.  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 issued 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)  group health coverage made available by a school
	district in accordance with Section 22.004, Education Code;
	(9)  the state Medicaid program, including the Medicaid
	managed care program operated under Chapter 533, Government Code;
	(10)  the child health plan program under Chapter 62,
	Health and Safety Code;
	(11)  a regional or local health care program operated
	under Section 75.104, Health and Safety Code;
	(12)  a self-funded health benefit plan sponsored by a
	professional employer organization under Chapter 91, Labor Code;
	(13)  county employee group health benefits provided
	under Chapter 157, Local Government Code; and
	(14)  health and accident coverage provided by a risk
	pool created under Chapter 172, Local Government Code.
	(c)  This chapter applies to coverage under a group health
	benefit plan provided to a resident of this state regardless of
	whether the group policy, agreement, or contract is delivered,
	issued for delivery, or renewed in this state.
	Sec. 1380.002.  EXCEPTION. This chapter does not apply to an
	individual health benefit plan issued on or before March 23, 2010,
	that has not had any significant changes since that date that reduce
	benefits or increase costs to the individual.
	Sec. 1380.003.  CERTAIN COST-SHARING PROVISIONS FOR
	PREVENTIVE SERVICES PROHIBITED.  A health benefit plan issuer may
	not impose a deductible, copayment, coinsurance, or other
	cost-sharing provision applicable to benefits for:
	(1)  a preventive item or service that has in effect a
	rating of "A" or "B" in the most recent recommendations of the
	United States Preventive Services Task Force;
	(2)  an immunization recommended for routine use in the
	most recent immunization schedules published by the United States
	Centers for Disease Control and Prevention of the United States
	Public Health Service; or
	(3)  preventive care and screenings supported by the
	most recent comprehensive guidelines adopted by the United States
	Health Resources and Services Administration, including additional
	preventive care and screenings for women not described in
	Subdivision (1).
	Sec. 1380.004.  RULES. (a)  Subject to Subsection (b), the
	commissioner may adopt rules as necessary to implement this
	chapter.
	(b)  Rules adopted by the commissioner to implement this
	chapter must be consistent with the Patient Protection and
	Affordable Care Act (Pub. L. No. 111-148), as that Act existed on
	January 1, 2017.
	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.  The change in law made by this Act applies only
	to a health benefit plan that is delivered, issued for delivery, or
	renewed on or after January 1, 2024. A health benefit plan that is
	delivered, issued for delivery, or renewed before January 1, 2024,
	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 September 1, 2023.