Bill Text: TX HB42 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to prohibited actions regarding health benefit plan coverage for enrollees who refuse to have an abortion; providing a civil penalty.
Sponsorship: Partisan Bill (Republican 3)
Status: (Introduced - Dead) 2021-02-25 - Referred to Insurance [HB42 Detail]
Download: Texas-2021-HB42-Introduced.html
| 87R1661 SCL-D | ||
| By: Swanson | H.B. No. 42 | |
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| relating to prohibited actions regarding health benefit plan | ||
| coverage for enrollees who refuse to have an abortion; providing a | ||
| civil penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 1454, Insurance Code, is | ||
| amended by adding Section 1454.003 to read as follows: | ||
| Sec. 1454.003. LOSS OF COVERAGE FOR ABORTION REFUSAL | ||
| PROHIBITED. (a) A health benefit plan issuer may not condition | ||
| continued health benefit coverage for an enrollee on the enrollee | ||
| having or require the enrollee to have an abortion regardless of | ||
| whether a physician or health care practitioner has diagnosed the | ||
| enrollee's unborn child as unviable or having a fetal abnormality. | ||
| (b) The attorney general shall monitor enforcement of this | ||
| section and establish a complaint system for a person to report a | ||
| violation of this section. The attorney general shall notify the | ||
| department of a valid complaint. | ||
| (c) In addition to a sanction under Chapter 82, an | ||
| administrative penalty under Chapter 84, or any other enforcement | ||
| authorized under Subtitle B, Title 2, a health benefit plan issuer | ||
| that violates this section is subject to a civil penalty in an | ||
| amount of not more than $1,000 for each violation and for each day | ||
| of a continuing violation. The attorney general may recover | ||
| reasonable attorney's fees and costs incurred in bringing a suit to | ||
| recover the civil penalty. | ||
| SECTION 2. The heading to Chapter 1696, Insurance Code, is | ||
| amended to read as follows: | ||
| CHAPTER 1696. COVERAGE FOR AND REQUIREMENT TO HAVE ELECTIVE | ||
| ABORTION; PROHIBITIONS AND REQUIREMENTS | ||
| SECTION 3. The heading to Section 1696.002, Insurance Code, | ||
| is amended to read as follows: | ||
| Sec. 1696.002. PROHIBITED COVERAGE AND REQUIREMENTS | ||
| THROUGH HEALTH BENEFIT EXCHANGE. | ||
| SECTION 4. Chapter 1696, Insurance Code, is amended by | ||
| adding Section 1696.003 to read as follows: | ||
| Sec. 1696.003. LOSS OF COVERAGE FOR ABORTION REFUSAL | ||
| PROHIBITED. (a) An issuer of a qualified plan offered through a | ||
| health benefit exchange may not condition continued health benefit | ||
| coverage for an enrollee on the enrollee having or require the | ||
| enrollee to have an abortion regardless of whether a physician or | ||
| health care practitioner has diagnosed the enrollee's unborn child | ||
| as unviable or having a fetal abnormality. | ||
| (b) The attorney general shall monitor enforcement of this | ||
| section and establish a complaint system for a person to report a | ||
| violation of this section. The attorney general shall notify the | ||
| department of a valid complaint. | ||
| (c) In addition to a sanction under Chapter 82, an | ||
| administrative penalty under Chapter 84, or any other enforcement | ||
| authorized under Subtitle B, Title 2, an issuer of a qualified plan | ||
| offered through a health benefit exchange that violates this | ||
| section is subject to a civil penalty in an amount of not more than | ||
| $1,000 for each violation and for each day of a continuing | ||
| violation. The attorney general may recover reasonable attorney's | ||
| fees and costs incurred in bringing a suit to recover the civil | ||
| penalty. | ||
| SECTION 5. The changes in law made by this Act apply only to | ||
| a health benefit or qualified plan delivered, issued for delivery, | ||
| or renewed on or after January 1, 2022. | ||
| SECTION 6. This Act takes effect September 1, 2021. | ||
