HBA-TBM H.B. 2382 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2382 By: Thompson Insurance 7/9/2001 Enrolled BACKGROUND AND PURPOSE Under the Texas Administrative Code, an insurer who covers all other prescriptions is prohibited from denying coverage of oral contraceptives. Oral contraceptives, however, are not the only prescription contraceptives. Some consumers would rather use other contraceptive devices, but they may not have been covered by the consumer's health benefit plan prior to the 77th Legislative Session House Bill 2382 prohibits a health benefit plan provider from using a different method of coverage for contraceptives than used for other prescription drugs. 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 2382 amends the Insurance Code to prohibit a health benefit plan that provides benefits for prescription drugs or devices from not providing or limiting benefits for prescription contraceptive drugs or devices (contraceptive) or outpatient contraceptive services. This provision does not provide coverage for abortifacients or any other drug or device that terminates a pregnancy. The bill prohibits a health benefit plan from charging an amount or requiring a waiting period for a contraceptive or contraceptive service that exceeds the amount or period imposed for a prescription drug or other outpatient service. The bill prohibits the issuer of a health benefit plan from denying an applicant for enrollment or an enrollee (enrollee) eligibility solely because of the enrollee's use of contraceptives or contraceptive services, from providing a monetary incentive to induce an enrollee to accept coverage that does not satisfy the requirements of this bill, or from penalizing a health care professional because the professional prescribes a contraceptive or provides a contraceptive service. An issuer of a health benefit plan that violates these provisions commits an unfair act in the business of insurance. The bill does not require a health benefit plan that is issued by an entity associated with a religious organization or any physician or health care provider providing medical or health care services under the health benefit plan to offer, recommend, offer advice concerning, pay for, provide, assist in, perform, arrange, or participate in providing or performing a medical or health care service that violates the religious convictions of the organization unless the prescription contraceptive coverage is necessary to preserve the life or health of the insured individual. The issuer of a health benefit plan that limits or excludes coverage for medical or health care services for such reasons must state the limitation or exclusion in the coverage document, the plan's statement of benefits, brochures, and other informational materials for the health benefit plan. EFFECTIVE DATE September 1, 2001. This Act applies only to a health benefit plan that is delivered, issued for delivery, or renewed on or after January 1, 2002.