HBA-TBM H.B. 2382 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2382
By: Thompson
Insurance
4/8/2001
Introduced



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 be covered by the consumer's health benefit plan.  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 from not providing or
limiting benefits for prescription contraceptive drugs or devices
(contraceptive) or outpatient contraceptive services.  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.   

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.