87(1) SB 77 - Introduced version - Bill Text
| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to prohibited vaccination status discrimination and |
|
|
requirements for COVID-19 vaccines. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
ARTICLE 1. COVID-19 VACCINATION STATUS DISCRIMINATION PROHIBITED |
|
|
SECTION 1.01. Chapter 544, Insurance Code, is amended by |
|
|
adding Subchapter N to read as follows: |
|
|
SUBCHAPTER N. COVID-19 VACCINATION STATUS |
|
|
Sec. 544.651. DEFINITIONS. In this subchapter: |
|
|
(1) "COVID-19" means the 2019 novel coronavirus |
|
|
disease. |
|
|
(2) "Health benefit plan issuer" means an issuer, |
|
|
administrator, or sponsor of a health benefit plan described by |
|
|
Section 544.652. |
|
|
Sec. 544.652. APPLICABILITY OF SUBCHAPTER. (a) This |
|
|
subchapter 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 a group, |
|
|
blanket, or franchise insurance policy or insurance agreement, a |
|
|
group hospital service contract, or a 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 subchapter 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. |
|
|
(c) This subchapter applies to a life insurance company |
|
|
that: |
|
|
(1) issues or delivers a life insurance policy in this |
|
|
state; or |
|
|
(2) is organized under the laws of this state. |
|
|
Sec. 544.653. PROHIBITED DISCRIMINATION AGAINST |
|
|
INDIVIDUAL. A group health benefit plan issuer or a life insurance |
|
|
company may not use an individual's COVID-19 vaccination status to: |