HBA-NRS H.B. 189 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 189
By: Burnam
Insurance
2/18/2001
Introduced



BACKGROUND AND PURPOSE 

Although the Texas Insurance Code provides for mental health parity in
health insurance contracts, it does not provide for mental health parity in
long-term disability policies. Long-term disability coverage ensures that
employees receive income replacement in the event that the employee becomes
disabled. Typically, most long-term disability policies cover physical
disorders due to an employee disability or illness through age 65, but
mental disorders are covered for a period not to exceed 24 months. The
limit on mental health disorder coverage precludes long-term income
replacement in the event that an employee becomes disabled because of a
mental illness. House Bill 189 provides for mental health parity in
long-term disability insurance products.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 189 amends the Insurance Code to prohibit an insurance policy or
evidence of coverage  from being delivered, issued for delivery, or renewed
if the terms of the policy or evidence of coverage excludes or reduces the
payment of benefits to or on behalf of an insured or enrollee because of a
mental illness, disease, or disorder, unless that exclusion or limitation
is equally applicable to all other physically disabling conditions. Each
disability policy or plan must provide parity in benefits for mental and
physical disabilities. The bill provides that a provision in an insurance
policy or evidence of coverage that violates these provisions is void. The
bill provides that provisions related to parity in certain disability
insurance benefits only apply to a disability insurance policy or plan
issued under certain policies or an evidence of coverage as defined by the
Texas Health Maintenance Organization Act.   

House Bill 189 also provides that a violation of parity in certain
disability insurance benefits is an unfair and deceptive act or practice in
the business of insurance for purposes of provisions related to unfair
competition and unfair practices and is subject to specified sanctions and
penalties. In addition, the bill provides that approval by the commissioner
of insurance of the policy or product form or other form used by the policy
or plan issuer under any Texas law, including provisions regarding policy
form approval or evidence of coverage and charges, is not a defense to an
action brought under unfair competition and  unfair practices provisions
with respect to a violation of parity in certain disability insurance
benefits.  

EFFECTIVE DATE

September 1, 2001, and applies only to an insurance policy, contract, or
evidence of coverage delivered, issued for delivery, or renewed on or after
January 1, 2002.