1-1                                   AN ACT
 1-2     relating to the eligibility of certain children for certain health
 1-3     benefit coverage.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 1(b), Article 3.51-6, Insurance Code, is
 1-6     amended to read as follows:
 1-7           (b)  The spouse and dependents of employees or members
 1-8     described by Subsections (a)(1)-(6) of this section, including an
 1-9     unmarried child less than 25 years old and a [dependent] grandchild
1-10     described by Section 3E of this article, [of an employee or member
1-11     who is less than 21 years old and living with and in the household
1-12     of the employee or member, referred to in Subdivisions (a)(1)
1-13     through (a)(6) of this section] may be included within the coverage
1-14     provided in a group policy.
1-15           SECTION 2. Section 3E(b), Article 3.51-6, Insurance Code, is
1-16     amended to read as follows:
1-17           (b)  A health insurance policy that provides coverage for a
1-18     child of the policyholder must upon payment of a premium provide
1-19     coverage for any unmarried child [children] of the policyholder's
1-20     child if the child is younger than 25 years of age and is a
1-21     dependent [those children are dependents] of the policyholder for
1-22     federal income tax purposes at the time application for coverage of
1-23     the child is made.  Coverage for a child of the policyholder's
1-24     child under this subsection may not be terminated solely because
 2-1     the covered child is no longer a dependent of the policyholder for
 2-2     federal income tax purposes.
 2-3           SECTION 3. Sections 2(A), (C), (L), and (M), Chapter 397,
 2-4     Acts of the 54th Legislature, Regular Session, 1955 (Article
 2-5     3.70-2, Vernon's Texas Insurance Code), are amended to read as
 2-6     follows:
 2-7           (A)  No policy of accident and sickness insurance shall be
 2-8     delivered or issued for delivery to any person in this state
 2-9     unless:
2-10                 (1)  the entire money and other consideration therefor
2-11     are expressed therein or in the application, if it is made a part
2-12     of the policy; and
2-13                 (2)  the time at which the insurance takes effect and
2-14     terminates is expressed therein; and
2-15                 (3)  it purports to insure only one person, except that
2-16     a policy may insure, originally or by subsequent amendment, upon
2-17     the application of an adult member of a family who shall be deemed
2-18     the policy holder, any two or more eligible members of that family,
2-19     including husband, wife, unmarried [dependent] children under 25
2-20     years of age, including a [dependent] grandchild of the policy
2-21     holder as described by Section (L) of this article [who is less
2-22     than 21 years old and living with and in the household of the
2-23     policy holder, or any children under a specified age which shall
2-24     not exceed twenty-five years], a child the policy holder is
2-25     required to insure under a medical support order issued under
2-26     Chapter 154 [Section 14.061], Family Code, or enforceable by a
2-27     court in this state, and any other person dependent upon the policy
 3-1     holder; and
 3-2                 (4)  the style, arrangement and over-all appearance of
 3-3     the policy gives no undue prominence to any portion of the text,
 3-4     and unless every printed portion of the text of the policy and of
 3-5     any endorsements or attached papers (except copies of applications
 3-6     and identification cards) are plainly printed in lightfaced type of
 3-7     a style in general use, the size of which shall be uniform and not
 3-8     less than ten-point with a lower-case unspaced alphabet length not
 3-9     less than one hundred and twenty-point (the "text" shall include
3-10     all printed matter except the name and address of the insurer, name
3-11     or title of the policy, the brief description, if any, and captions
3-12     and subcaptions); and
3-13                 (5)  the exceptions and reductions of indemnity are set
3-14     forth in the policy and, except those which are set forth in
3-15     Section 3 of this Act, are printed, at the insurer's option, either
3-16     included with the benefit provision to which they apply, or under
3-17     an appropriate caption such as "Exceptions" or "Exceptions and
3-18     Reductions"; provided that if an exception or reduction
3-19     specifically applies only to a particular benefit of the policy, a
3-20     statement of such exception or reduction shall be included with the
3-21     benefit provision to which it applies; and
3-22                 (6)  each such form, including riders and endorsements,
3-23     shall be identified by a form number in the lower left-hand corner
3-24     of the first page thereof; and
3-25                 (7)  it contains no provision purporting to make any
3-26     portion of the charter, rules, constitution, or bylaws of the
3-27     insurer a part of the policy unless such portion is set forth in
 4-1     full in the policy, except in the case of the incorporation of, or
 4-2     reference to, a statement of rates or classification of risks, or
 4-3     shortrate table filed with the Board; and
 4-4                 (8)  it shall have printed thereon or attached thereto
 4-5     a notice stating in substance that the person to whom the policy is
 4-6     issued shall be permitted to return the policy within ten (10) days
 4-7     of its delivery to such person and to have the premium paid
 4-8     refunded if, after examination of the policy, such person is not
 4-9     satisfied with it for any reason.  If such person pursuant to such
4-10     notice, returns the policy to the insurer at its home or branch
4-11     office or to the agent through whom it was purchased, it shall be
4-12     void from the beginning and the parties shall be in the same
4-13     position as if no policy had been issued.  This subdivision shall
4-14     not apply to single premium nonrenewable policies.
4-15           (C)  Any policy of accident and sickness insurance, including
4-16     policies issued by companies subject to Chapter 20, Texas Insurance
4-17     Code, as amended, delivered or issued for delivery in this state,
4-18     which provides that coverage of a [dependent] child shall terminate
4-19     upon attainment of the limiting age for [dependent] children
4-20     specified in the policy shall also provide in substance that
4-21     attainment of the limiting age shall not operate to terminate the
4-22     coverage of the child while the child is both (1) incapable of
4-23     self-sustaining employment by reason of mental retardation or
4-24     physical handicap and (2) chiefly dependent upon the insured for
4-25     support and maintenance.  Proof of the incapacity and dependency
4-26     shall be furnished to the insurer by the insured within 31 days of
4-27     the child's attainment of the limiting age and subsequently as may
 5-1     be required by the insurer but not more frequently than annually
 5-2     after the two-year period following the child's attainment of the
 5-3     limiting age.
 5-4           (L)  An individual or group policy of accident and sickness
 5-5     insurance that is delivered, issued for delivery, or renewed in
 5-6     this state, including a policy issued by a company subject to
 5-7     Chapter 20, Insurance Code, evidence of coverage issued by a health
 5-8     maintenance organization subject to the Texas Health Maintenance
 5-9     Organization Act (Chapter 20A, Vernon's Texas Insurance Code), and
5-10     a self-funded or self-insured welfare or benefit plan or program to
5-11     the extent that regulation of the plan or program is not preempted
5-12     by federal law that provides coverage for a child of the
5-13     policyholder, must provide coverage upon payment of a premium for
5-14     any unmarried child [children] of the policyholder's child if the
5-15     child is younger than 25 years of age and is a dependent [those
5-16     children are dependents] of the policyholder for federal income tax
5-17     purposes at the time application for coverage of the child of the
5-18     policyholder's child is made or for a child for whom the group
5-19     member or insured must provide medical support under an order
5-20     issued under Chapter 154 [Section 14.061], Family Code, or
5-21     enforceable by a court in this state.  Coverage for a child of the
5-22     policyholder's child may not be terminated solely because the
5-23     covered child is no longer a dependent of the policyholder for
5-24     federal income tax purposes.
5-25           (M)(1)  A group or individual accident and sickness insurance
5-26     policy that provides coverage for [dependent] children of a group
5-27     member or a person insured under the policy may not exclude from or
 6-1     discontinue coverage or set a different premium for the natural
 6-2     born or adopted child of the group member or person insured or for
 6-3     a child for whom the group member or insured must provide medical
 6-4     support under an order issued under Chapter 154 [Section 14.061],
 6-5     Family Code, or enforceable by a court in this state for either of
 6-6     the following reasons:
 6-7                       (a)  the child does not reside with the group
 6-8     member or insured; or
 6-9                       (b)  the group member or insured does not claim
6-10     the child as an exemption for federal income tax purposes under
6-11     Section 151(c)(1)(B), Internal Revenue Code of 1986 (26 U.S.C.
6-12     Section 151(c)(1)(B)).
6-13                 (2)  A group or individual accident and sickness
6-14     insurance policy that provides coverage for [dependent] children of
6-15     a group member or a person insured under the policy may not exclude
6-16     from or discontinue coverage or set a different premium for the
6-17     natural born or adopted child of the spouse of the group member or
6-18     person insured[, provided that the child resides with the group
6-19     member or person insured].
6-20                 (3)  Other policy provisions relating to maximum
6-21     limiting attained age and enrollment in school may be used to
6-22     establish continued eligibility for coverage of a [dependent] child
6-23     less than 25 years of age.  In the event of late enrollment, the
6-24     insurance company may require evidence of insurability satisfactory
6-25     to the company before inclusion of the [dependent] child for
6-26     coverage under the policy.
6-27           SECTION 4. Section 2(5), Article 3.77, Insurance Code, is
 7-1     amended to read as follows:
 7-2                 (5)  "Dependent" means a resident spouse or unmarried
 7-3     child younger than 25 years of [under the] age [of 18 years], a
 7-4     child who is a full-time student younger than 25 [under the age of
 7-5     23] years of age and who is financially dependent upon the parent,
 7-6     a child who is [over] 18 years of age or older and for whom a
 7-7     person may be obligated to pay child support, or a child of any age
 7-8     who is disabled and dependent upon the parent.
 7-9           SECTION 5. Section 10(e), Article 3.77, Insurance Code, is
7-10     amended to read as follows:
7-11           (e)  Pool coverage shall cease:
7-12                 (1)  on the date a person is no longer a resident of
7-13     this state, except for a child who is a student under 25 [the age
7-14     of 23] years of age and who is financially dependent upon the
7-15     parent, a child for whom a person may be obligated to pay child
7-16     support, or a child of any age who is disabled and dependent upon
7-17     the parent;
7-18                 (2)  on the date a person requests coverage to end;
7-19                 (3)  upon the death of the covered person;
7-20                 (4)  on the date state law requires cancellation of the
7-21     policy;
7-22                 (5)  at the option of the pool, 30 days after the pool
7-23     sends to the person any inquiry concerning the person's
7-24     eligibility, including an inquiry concerning the person's
7-25     residence, to which the person does not reply;
7-26                 (6)  on the 31st day after the day on which a premium
7-27     payment for pool coverage becomes due if the payment is not made
 8-1     before that date; or
 8-2                 (7)  at such time as the person ceases to meet the
 8-3     eligibility requirements of this section.
 8-4           SECTION 6. Article 3.95-4.2, Insurance Code, is amended to
 8-5     read as follows:
 8-6           Art. 3.95-4.2.  [DEPENDENT] CHILDREN. (a)  A multiple
 8-7     employer welfare arrangement's plan document may not limit or
 8-8     exclude initial coverage of a newborn child of a participating
 8-9     employee. Any coverage of a newborn child of a participating
8-10     employee under this subsection terminates on the 32nd day after the
8-11     date of the birth of the child unless:
8-12                 (1)  [dependent] children are eligible for coverage
8-13     under the multiple employer welfare arrangement's plan document;
8-14     and
8-15                 (2)  notification of the birth and any required
8-16     additional premium are received by the multiple employer welfare
8-17     arrangement not later than the 31st day after the date of birth.
8-18           (b)  If [dependent] children are eligible for coverage under
8-19     the terms of a multiple employer welfare arrangement's plan
8-20     document, the plan document may not limit or exclude initial
8-21     coverage of an adopted child of a participating employee.  A child
8-22     is considered to be the child of a participating employee if the
8-23     participating employee is a party in a suit in which the adoption
8-24     of the child by the participating employee is sought.
8-25           (c)  If [dependent] children are eligible for coverage under
8-26     the terms of a multiple employer welfare arrangement's plan
8-27     document, an adopted child of a participating employee may be
 9-1     enrolled, at the option of the participating employee, within
 9-2     either:
 9-3                 (1)  31 days after the participating employee is a
 9-4     party in a suit for adoption; or
 9-5                 (2)  31 days of the date the adoption is final.
 9-6           (d)  Coverage of an adopted child of an employee under this
 9-7     article terminates unless notification of the adoption and any
 9-8     required additional premiums are received by the multiple employer
 9-9     welfare arrangement not later than either:
9-10                 (1)  the 31st day after the participating employee
9-11     becomes a party in a suit in which the adoption of the child by the
9-12     participating employee is sought; or
9-13                 (2)  the 31st day after the date of the adoption.
9-14           (e)  If children are eligible for coverage under the terms of
9-15     a multiple employer welfare arrangement's plan document, any
9-16     limiting age applicable to an unmarried child of an enrollee is 25
9-17     years of age.
9-18           SECTION 7. Section 9(k), Texas Health Maintenance
9-19     Organization Act (Article 20A.09, Vernon's Texas Insurance Code)
9-20     (former Subsection (j)), as amended by  Chapters 905 and 1026, Acts
9-21     of the 75th Legislature, Regular Session, 1997, is redesignated as
9-22     Section 9H, Texas Health Maintenance Organization Act (Article
9-23     20A.9H, Vernon's Texas Insurance Code), and amended to read as
9-24     follows:
9-25           Sec. 9H.  CHILDREN AND GRANDCHILDREN. (a)  If children are
9-26     eligible for coverage under the terms of an evidence of coverage,
9-27     any limiting age applicable to an unmarried child of an enrollee,
 10-1    including an unmarried grandchild of an enrollee, is 25 years of
 10-2    age. The limiting age applicable to a child must be stated in the
 10-3    evidence of coverage.
 10-4          (b) [(k) (r)]  A health maintenance organization may provide
 10-5    benefits under a health care plan to a dependent grandchild of an
 10-6    enrollee who is [when the dependent grandchild is less than 21
 10-7    years old and] living with and in the household of the enrollee.
 10-8          SECTION 8. Article 21.24-2, Insurance Code, is amended to
 10-9    read as follows:
10-10          Art. 21.24-2.  [GROUP] COVERAGE OF CERTAIN STUDENTS
10-11          Sec. 1.  DEFINITION. In this article, "health benefit plan"
10-12    means a [group] plan described by Section 2 of this article.
10-13          Sec. 2.  SCOPE OF ARTICLE. (a)  This article applies to a
10-14    health benefit plan that:
10-15                (1)  provides [group] benefits for medical or surgical
10-16    expenses incurred as a result of a health condition, accident, or
10-17    sickness, including:
10-18                      (A)  an individual, [a] group, blanket, or
10-19    franchise insurance policy or insurance agreement, a group hospital
10-20    service contract, or an individual or [a] group evidence of
10-21    coverage that is offered by:
10-22                            (i)  an insurance company;
10-23                            (ii)  a group hospital service corporation
10-24    operating under Chapter 20 of this code;
10-25                            (iii)  a fraternal benefit society
10-26    operating under Chapter 10 of this code;
10-27                            (iv)  a stipulated premium insurance
 11-1    company operating under Chapter 22 of this code; or
 11-2                            (v)  a health maintenance organization
 11-3    operating under the Texas Health Maintenance Organization Act
 11-4    (Chapter 20A, Vernon's Texas Insurance Code); or
 11-5                      (B)  to the extent permitted by the Employee
 11-6    Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et
 11-7    seq.), a health benefit plan that is offered by:
 11-8                            (i)  a multiple employer welfare
 11-9    arrangement as defined by Section 3, Employee Retirement Income
11-10    Security Act of 1974 (29 U.S.C. Section 1002); or
11-11                            (ii)  another analogous benefit
11-12    arrangement;
11-13                (2)  is offered by an approved nonprofit health
11-14    corporation that is certified under Section 162.001, Occupations
11-15    Code [5.01(a), Medical Practice Act (Article 4495b, Vernon's Texas
11-16    Civil Statutes)], and that holds a certificate of authority issued
11-17    by the commissioner under Article 21.52F of this code; or
11-18                (3)  is offered by any other entity not licensed under
11-19    this code or another insurance law of this state that contracts
11-20    directly for health care services on a risk-sharing basis,
11-21    including an entity that contracts for health care services on a
11-22    capitation basis.
11-23          (b)  This article does not apply to:
11-24                (1)  a plan that provides coverage:
11-25                      (A)  only for a specified disease;
11-26                      (B)  only for accidental death or dismemberment;
11-27                      (C)  for wages or payments in lieu of wages for a
 12-1    period during which an employee is absent from work because of
 12-2    sickness or injury; or
 12-3                      (D)  as a supplement to liability insurance;
 12-4                (2)  a small employer health benefit plan written under
 12-5    Chapter 26 of this code;
 12-6                (3)  a Medicare supplemental policy as defined by
 12-7    Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss);
 12-8                (4)  workers' compensation insurance coverage;
 12-9                (5)  medical payment insurance issued as part of a
12-10    motor vehicle insurance policy; or
12-11                (6)  a long-term care policy, including a nursing home
12-12    fixed indemnity policy, unless the commissioner determines that the
12-13    policy provides benefit coverage so comprehensive that the policy
12-14    is a health benefit plan as described by Subsection (a) of this
12-15    section.
12-16          Sec. 3.  COVERAGE OF CERTAIN STUDENTS. (a)  Each health
12-17    benefit plan that conditions [dependent] coverage for a child up to
12-18    25 [21] years of age [or older] on the child's being a full-time
12-19    student at an educational institution shall provide the coverage
12-20    for an entire academic term during which the child begins as a
12-21    full-time student and remains enrolled, regardless of whether the
12-22    number of hours of instruction for which the child is enrolled is
12-23    reduced to a level that changes the child's academic status to less
12-24    than that of a full-time student. Additionally, the health benefit
12-25    plan shall provide the coverage continuously until the 10th day of
12-26    instruction of the subsequent academic term on which date the
12-27    health benefit plan may terminate coverage of the child if the
 13-1    child does not return to full-time student status before that date.
 13-2    A health benefit plan may not condition coverage for a child
 13-3    younger than 25 years of age on the child's being enrolled at an
 13-4    educational institution.
 13-5          (b)  For purposes of this section, determination of the
 13-6    full-time student status of a child subject to this article is made
 13-7    in the manner provided by the educational institution at which the
 13-8    child is enrolled.
 13-9          SECTION 9. Subdivision (8), Article 26.02, Insurance Code, is
13-10    amended to read as follows:
13-11                (8)  "Dependent" means:
13-12                      (A)  a spouse;
13-13                      (B)  a newborn child;
13-14                      (C)  a child younger than 25 [under the age of
13-15    19] years of age;
13-16                      (D)  [a child who is a full-time student under
13-17    the age of 23 years and who is financially dependent on the parent;]
13-18                      [(E)]  a child of any age who is medically
13-19    certified as disabled and dependent on the parent;
13-20                      (E) [(F)]  any person who must be covered under:
13-21                            (i)  Section 3D or 3E, Article 3.51-6, of
13-22    this code; or
13-23                            (ii)  Section 2(L), Chapter 397, Acts of
13-24    the 54th Legislature, Regular Session, 1955 (Article 3.70-2,
13-25    Vernon's Texas Insurance Code); and
13-26                      (F) [(G)]  any other child [included as an]
13-27    eligible [dependent] under an employer's benefit plan, including a
 14-1    child described by Section 3, Article 21.24-2, of this code.
 14-2          SECTION 10. Article 26.84, Insurance Code, is amended to read
 14-3    as follows:
 14-4          Art. 26.84.  [DEPENDENT] CHILDREN. (a)  A large employer
 14-5    health benefit plan may not limit or exclude initial coverage of a
 14-6    newborn child of a covered employee.  Any coverage of a newborn
 14-7    child of a covered employee under this subsection terminates on the
 14-8    32nd day after the date of the birth of the child unless:
 14-9                (1)  [dependent] children are eligible for coverage
14-10    under the large employer health benefit plan; and
14-11                (2)  notification of the birth and any required
14-12    additional premium are received by the large employer carrier not
14-13    later than the 31st day after the date of birth.
14-14          (b)  If [dependent] children are eligible for coverage under
14-15    the large employer health benefit plan, a large employer health
14-16    benefit plan may not limit or exclude initial coverage of an
14-17    adopted child of an insured.  A child is considered to be the child
14-18    of an insured if the insured is a party in a suit in which the
14-19    adoption of the child by the insured is sought.
14-20          (c)  If [dependent] children are eligible for coverage under
14-21    the large employer health benefit plan an adopted child of an
14-22    insured may be enrolled, at the option of the insured, within
14-23    either:
14-24                (1)  31 days after the insured is a party in a suit for
14-25    adoption; or
14-26                (2)  31 days of the date the adoption is final.
14-27          (d)  Coverage of an adopted child of an employee under this
 15-1    article terminates unless notification of the adoption and any
 15-2    required additional premiums are received by the large employer
 15-3    carrier not later than either:
 15-4                (1)  the 31st day after the insured becomes a party in
 15-5    a suit in which the adoption of the child by the insured is sought;
 15-6    or
 15-7                (2)  the 31st day after the date of the adoption.
 15-8          (e)  If children are eligible for coverage under the terms of
 15-9    a large employer health benefit plan, any limiting age applicable
15-10    to an unmarried child of an enrollee is 25 years of age.
15-11          SECTION 11. This Act applies only to a policy, plan,
15-12    contract, or evidence of coverage delivered, issued for delivery,
15-13    or renewed on or after January 1, 2002.  A policy, plan, contract,
15-14    or evidence of coverage delivered, issued for delivery, or renewed
15-15    before January 1, 2002, is governed by the law as it existed
15-16    immediately before the effective date of this Act, and that law is
15-17    continued in effect for that purpose.
15-18          SECTION 12. This Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1440 was passed by the House on May
         10, 2001, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1440 was passed by the Senate on May
         22, 2001, by the following vote:  Yeas 30, Nays 0, 1 present, not
         voting.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor