By: Oliverson, Anderson, Middleton, Frank,	H.B. No. 3924
	King of Uvalde, et al.

	A BILL TO BE ENTITLED
	AN ACT
	relating to health benefits offered by certain nonprofit
	agricultural organizations.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Subtitle K, Title 8, Insurance
	Code, is amended to read as follows:
	SUBTITLE K. CERTAIN BENEFITS AND ARRANGEMENTS THAT ARE NOT
	INSURANCE [HEALTH CARE SHARING MINISTRIES]
	SECTION 2.  Subtitle K, Title 8, Insurance Code, is amended
	by adding Chapter 1682 to read as follows:
	CHAPTER 1682. HEALTH BENEFITS PROVIDED BY CERTAIN NONPROFIT
	AGRICULTURAL ORGANIZATIONS
	Sec. 1682.001.  DEFINITIONS. In this chapter:
	(1)  "Nonprofit agricultural organization" means an
	organization that:
	(A)  is exempt from taxation under Section 501(a),
	Internal Revenue Code of 1986, as an organization described by
	Section 501(c)(5) of that code;
	(B)  is domiciled in this state;
	(C)  was in existence prior to 1940;
	(D)  is composed of members who are residents of
	at least 98 percent of the counties in this state;
	(E)  collects annual dues from its members; and
	(F)  was created to promote and develop the most
	profitable and desirable system of agriculture and the most
	wholesome and satisfactory conditions of rural life in accordance
	with its articles of organization and bylaws.
	(2)  "Nonprofit agricultural organization health
	benefits" means health benefits:
	(A)  sponsored by a nonprofit agricultural
	organization or an affiliate of the organization;
	(B)  offered only to:
	(i)  members of the nonprofit agricultural
	organization; and
	(ii)  family members of members of the
	nonprofit agricultural organization;
	(C)  that are not provided through an insurance
	policy or other product the offering or issuance of which
	constitutes the business of insurance in this state; and
	(D)  that are deemed by the nonprofit agricultural
	organization to be important in assisting its members to live long
	and productive lives.
	(3)  "Preexisting condition" means a condition present
	before the effective date of an individual's enrollment in
	nonprofit agricultural organization health benefits.
	Sec. 1682.002.  NONPROFIT AGRICULTURAL ORGANIZATION HEALTH
	BENEFITS AUTHORIZED. A nonprofit agricultural organization or an
	affiliate of the organization may offer in this state nonprofit
	agricultural organization health benefits.
	Sec. 1682.003.  WAITING PERIOD FOR PREEXISTING CONDITION.
	Notwithstanding any other provision of this chapter, a nonprofit
	agricultural organization that offers nonprofit agricultural
	organization health benefits may not require a waiting period of
	more than six months for treatment of a preexisting condition
	otherwise included in nonprofit agricultural organization health
	benefits.
	Sec. 1682.004.  REQUIRED DISCLOSURE BY NONPROFIT
	AGRICULTURAL ORGANIZATION. (a) A nonprofit agricultural
	organization that offers nonprofit agricultural organization
	health benefits must provide to an individual applying for
	nonprofit agricultural organization health benefits written notice
	that the benefits are not provided through an insurance policy or
	other product the offering or issuance of which is regulated as the
	business of insurance in this state.
	(b)  An individual must sign and return to the nonprofit
	agricultural organization the notice described by Subsection (a)
	before the individual may enroll in nonprofit agricultural
	organization health benefits. The nonprofit agricultural
	organization must:
	(1)  maintain a copy of the signed written notice for
	the duration of the term during which the nonprofit agricultural
	organization health benefits are provided to the individual; and
	(2)  at the request of the individual, provide a copy of
	the written notice to the individual.
	Sec. 1682.005.  NONPROFIT AGRICULTURAL ORGANIZATION NOT
	ENGAGED IN BUSINESS OF INSURANCE. Notwithstanding any other
	provision of this code, for the purposes of offering nonprofit
	agricultural organization health benefits, a nonprofit
	agricultural organization that acts in accordance with this chapter
	is not an insurer and is not engaging in the business of insurance
	in this state.
	Sec. 1682.006.  RISK TRANSFER OR COVERAGE. A nonprofit
	agricultural organization that offers nonprofit agricultural
	organization health benefits under this chapter may contract with a
	company authorized to engage in the business of insurance in this
	state that is not under common control with the nonprofit
	agricultural organization to:
	(1)  transfer to that company all or a portion of the
	organization's risks arising from nonprofit agricultural
	organization health benefits offered under this chapter; or
	(2)  obtain insurance coverage from the company
	guarantying the nonprofit agricultural organization's obligations
	arising from nonprofit agricultural organization health benefits
	offered under this chapter.
	Sec. 1682.007.  APPLICABILITY OF CERTAIN LAWS TO NONPROFIT
	AGRICULTURAL ORGANIZATION HEALTH BENEFITS. Notwithstanding
	Section 1682.004, a nonprofit agricultural organization that
	offers nonprofit agricultural organization health benefits that
	are determined by the commissioner to be structured in the manner of
	a preferred provider benefit plan or an exclusive provider benefit
	plan, as those terms are defined by Section 1301.001, is subject to
	the following laws and rules as if the nonprofit agricultural
	organization were an insurer, individuals entitled to nonprofit
	agricultural organization health benefits were insureds, and the
	nonprofit agricultural organization health benefits were provided
	through an insurance policy subject to Chapter 1301:
	(1)  Section 1301.005;
	(2)  Section 1301.0053;
	(3)  Section 1301.0055;
	(4)  Section 1301.006;
	(5)  Section 1301.010;
	(6)  Section 1301.155;
	(7)  Section 1301.164;
	(8)  Section 1301.165;
	(9)  Chapter 1467; and
	(10)  28 T.A.C. Chapter 3, Subchapter X.
	SECTION 3.  This Act takes effect September 1, 2021.