Bill Text: TX HB4523 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to prohibited actions regarding health benefit plan coverage for enrollees who refuse to have an abortion; providing civil penalties.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-03-26 - Referred to Insurance [HB4523 Detail]

Download: Texas-2019-HB4523-Introduced.html
  86R16248 SCL-D
 
  By: Swanson H.B. No. 4523
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibited actions regarding health benefit plan
  coverage for enrollees who refuse to have an abortion; providing
  civil penalties.
         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.  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 4.  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, 2020.
         SECTION 5.  This Act takes effect September 1, 2019.
feedback