HBA-SEB H.B. 2424 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2424 By: Coleman Pensions and Investments 7/9/1999 Enrolled BACKGROUND AND PURPOSE The 75th Texas Legislature amended Article 3.51-14 of the Insurance Code, which relates to coverage for certain serious mental illnesses. In the Insurance Code, however, some conflicting language exists regarding serious mental illnesses with respect to the Texas State Employees Uniform Group Insurance Benefits Act, the Texas State College and University Employees Uniform Insurance Benefits Act, and local government insurance provisions. As a result, the Texas Department of Insurance has encountered difficulties in the application of Article 3.51-14. H.B. 2424 redefines "serious mental illness" and modifies the language of that article to specify that it does not apply to coverage under the aforementioned plans. 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. SECTION BY SECTION ANALYSIS SECTION 1. Redesignates Section 3(a)(19), Article 3.50-2, Insurance Code, as added by Section 11.106, Chapter 242, Acts of the 72nd Legislature, Regular Session, 1991, to Section 3(a)(23), Article 3.50-2, Insurance Code (Texas Employees Uniform Group Insurance Benefits Act), and amends the text to redefine "serious mental illness" as schizophrenia, paranoid and other psychotic disorders, bipolar disorders, major depressive disorders, schizo-affective disorders, pervasive developmental disorders, obsessive-compulsive disorders, and depression in childhood and adolescence. SECTION 2. Redesignates Section 3(a)(16), Article 3.50-3, Insurance Code, as added by Section 11.108, Chapter 242, Acts of the 72nd Legislature, Regular Session, 1991, to Section 3(a)(19), Article 3.51-14, Insurance Code (Texas State College and University Employees Uniform Insurance Benefits Act), and amends the text to make a conforming change with respect to the definition of "serious mental illness." SECTION 3. Amends Article 3.51-5A, Insurance Code, to make a conforming change with respect to the definition of "serious mental illness." SECTION 4. Amends Section 2(b), Article 3.51-14, Insurance Code, to provide that this article (Coverage for Certain Serious Mental Illnesses) does not apply to coverage under a limited or specified-disease policy, other than a plan that provides for mental health care or similar services. Provides that this article does not apply to coverage under a plan offered under the Texas Employees Uniform Group Insurance Benefits Act or the Texas State College and University Employees Uniform Insurance Benefits Act, with the exception of Section 1 of this article (Definitions). Provides that this article does not apply to coverage under a plan offered under or in accordance with Article 3.51-5A (Local Governments Prohibited from Excluding or Limiting Certain Coverages) of this code. Makes conforming and nonsubstantive changes. SECTION 5. Amends Section 3(a), Article 3.51-14, Insurance Code, to provide that a group health benefit plan must provide coverage, based on medical necessity, for specific treatments of serious mental illness and must include the same copayments for serious mental illness as for physical illness, except as provided by Section 4 of this article (Small Employer Coverage). SECTION 6.Effective date: September 1, 1999. Makes application of this Act prospective to January 1, 2000. SECTION 7. Emergency clause.