CHAPTER 1357. MASTECTOMY

INSURANCE CODE

TITLE 8. HEALTH INSURANCE AND OTHER HEALTH COVERAGES

SUBTITLE E. BENEFITS PAYABLE UNDER HEALTH COVERAGES

CHAPTER 1357. MASTECTOMY

SUBCHAPTER A. RECONSTRUCTIVE SURGERY FOLLOWING MASTECTOMY

Sec. 1357.001. DEFINITIONS. In this subchapter:

(1) "Breast reconstruction" means reconstruction of a breast

incident to mastectomy to restore or achieve breast symmetry. The

term includes surgical reconstruction of a breast on which

mastectomy has been performed and surgical reconstruction of a

breast on which mastectomy has not been performed.

(2) "Enrollee" means an individual entitled to coverage under a

health benefit plan.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 3, eff. April 1,

2005.

Sec. 1357.002. APPLICABILITY OF SUBCHAPTER. This subchapter

applies only to a health benefit plan that provides benefits for

medical or surgical expenses incurred as a result of a health

condition, accident, or sickness, including an individual, group,

blanket, or franchise insurance policy or insurance agreement, a

group hospital service contract, or an individual or group

evidence of coverage or similar coverage document that is offered

by:

(1) an insurance company;

(2) a group hospital service corporation operating under Chapter

842;

(3) a fraternal benefit society operating under Chapter 885;

(4) a stipulated premium company operating under Chapter 884;

(5) a reciprocal exchange operating under Chapter 942;

(6) a health maintenance organization operating under Chapter

843;

(7) a multiple employer welfare arrangement that holds a

certificate of authority under Chapter 846; or

(8) an approved nonprofit health corporation that holds a

certificate of authority under Chapter 844.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 3, eff. April 1,

2005.

Sec. 1357.003. EXCEPTION. This subchapter does not apply to:

(1) a plan that provides coverage:

(A) only for a specified disease or another limited benefit,

other than benefits for cancer;

(B) only for accidental death or dismemberment;

(C) only for wages or payments in lieu of wages for a period

during which an employee is absent from work because of sickness

or injury;

(D) only for credit insurance;

(E) only for dental or vision care;

(F) only for indemnity for hospital confinement; or

(G) as a supplement to a liability insurance policy;

(2) a Medicare supplemental policy as defined by Section

1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss), as

amended;

(3) a workers' compensation insurance policy;

(4) medical payment insurance coverage provided under a motor

vehicle insurance policy; or

(5) a long-term care insurance policy, including a nursing home

fixed indemnity policy, unless the commissioner determines that

the policy provides benefit coverage so comprehensive that the

policy is a health benefit plan as described by Section 1357.002.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 3, eff. April 1,

2005.

Sec. 1357.004. COVERAGE REQUIRED. (a) A health benefit plan

that provides coverage for mastectomy must provide coverage for:

(1) reconstruction of the breast on which the mastectomy has

been performed;

(2) surgery and reconstruction of the other breast to achieve a

symmetrical appearance; and

(3) prostheses and treatment of physical complications,

including lymphedemas, at all stages of mastectomy.

(b) Coverage required under this section:

(1) shall be provided in a manner determined to be appropriate

in consultation with the attending physician and the enrollee;

(2) may be subject to annual deductibles, copayments, and

coinsurance that are consistent with annual deductibles,

copayments, and coinsurance required for other coverage under the

health benefit plan; and

(3) may not be subject to dollar limits other than the lifetime

maximum benefits under the plan.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 3, eff. April 1,

2005.

Sec. 1357.005. PROHIBITED CONDUCT. (a) An issuer of a health

benefit plan may not:

(1) offer a financial incentive for an enrollee to not receive

breast reconstruction or to waive the coverage required under

this subchapter;

(2) condition, limit, or deny the eligibility of a person to

enroll in the plan or to renew coverage under the terms of the

plan solely to avoid the requirements of this subchapter; or

(3) reduce or limit the reimbursement or amount paid to, or

otherwise penalize, an attending physician or provider or provide

a financial incentive or other benefit to an attending physician

or provider to induce the physician or provider to provide care

to an enrollee in a manner that is inconsistent with this

subchapter.

(b) This section does not prevent an issuer of a health benefit

plan from negotiating with a physician or provider the level and

type of reimbursement that the physician or provider will receive

for care provided in accordance with this subchapter.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 3, eff. April 1,

2005.

Sec. 1357.006. NOTICE OF COVERAGE. (a) An issuer of a health

benefit plan that provides coverage under this subchapter shall

provide to each enrollee notice of the availability of the

coverage.

(b) The notice must be provided in accordance with rules adopted

by the commissioner.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 3, eff. April 1,

2005.

Sec. 1357.007. RULES. The commissioner may adopt rules to

implement this subchapter and to meet the minimum requirements of

federal law.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 3, eff. April 1,

2005.

SUBCHAPTER B. HOSPITAL STAY FOLLOWING MASTECTOMY AND CERTAIN

RELATED PROCEDURES

Sec. 1357.051. DEFINITION. In this subchapter, "enrollee" means

an individual entitled to coverage under a health benefit plan.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 3, eff. April 1,

2005.

Sec. 1357.052. APPLICABILITY OF SUBCHAPTER. This subchapter

applies only to a health benefit plan that:

(1) provides benefits for medical or surgical expenses incurred

as a result of a health condition, accident, or sickness,

including:

(A) an individual, group, blanket, or franchise insurance policy

or insurance agreement, a group hospital service contract, or an

individual or group evidence of coverage that is offered by:

(i) an insurance company;

(ii) a group hospital service corporation operating under

Chapter 842;

(iii) a fraternal benefit society operating under Chapter 885;

(iv) a stipulated premium company operating under Chapter 884;

or

(v) a health maintenance organization operating under Chapter

843; and

(B) to the extent permitted by the Employee Retirement Income

Security Act of 1974 (29 U.S.C. Section 1001 et seq.), a health

benefit plan that is offered by:

(i) a multiple employer welfare arrangement as defined by

Section 3 of that Act; or

(ii) another analogous benefit arrangement;

(2) is offered by an approved nonprofit health corporation that

holds a certificate of authority under Chapter 844; or

(3) provides coverage only for a specific disease or condition

or for hospitalization.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 3, eff. April 1,

2005.

Sec. 1357.053. EXCEPTION. This subchapter does not apply to:

(1) a plan that provides coverage:

(A) only for accidental death or dismemberment;

(B) for wages or payments in lieu of wages for a period during

which an employee is absent from work because of sickness or

injury; or

(C) as a supplement to a liability insurance policy;

(2) a small employer health benefit plan written under Chapter

1501;

(3) a Medicare supplemental policy as defined by Section

1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss);

(4) a workers' compensation insurance policy;

(5) medical payment insurance coverage provided under a motor

vehicle insurance policy; or

(6) a long-term care insurance policy, including a nursing home

fixed indemnity policy, unless the commissioner determines that

the policy provides benefit coverage so comprehensive that the

policy is a health benefit plan as described by Section 1357.052.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 3, eff. April 1,

2005.

Sec. 1357.054. COVERAGE REQUIRED. (a) A health benefit plan

that provides coverage for the treatment of breast cancer must

provide to each enrollee coverage for inpatient care for a

minimum of:

(1) 48 hours following a mastectomy; and

(2) 24 hours following a lymph node dissection for the treatment

of breast cancer.

(b) A health benefit plan is not required to provide the minimum

hours of coverage of inpatient care required under Subsection (a)

if the enrollee and the enrollee's attending physician determine

that a shorter period of inpatient care is appropriate.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 3, eff. April 1,

2005.

Sec. 1357.055. PROHIBITED CONDUCT. An issuer of a health

benefit plan may not:

(1) deny the eligibility or continued eligibility of an

individual to enroll in the plan or renew coverage under the plan

solely to avoid the requirements of this subchapter;

(2) provide money payments or rebates to an enrollee to

encourage the enrollee to accept less than the minimum coverage

required under this subchapter;

(3) reduce or limit the amount paid to an attending physician,

or otherwise penalize the physician, because the physician

provided care to an enrollee in accordance with this subchapter;

or

(4) provide financial or other incentives to an attending

physician to encourage the physician to provide care to an

enrollee in a manner inconsistent with this subchapter.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 3, eff. April 1,

2005.

Sec. 1357.056. NOTICE OF COVERAGE. (a) An issuer of a health

benefit plan shall provide to each enrollee written notice of the

coverage required under this subchapter.

(b) The notice must be provided in accordance with rules adopted

by the commissioner.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 3, eff. April 1,

2005.

Sec. 1357.057. RULES. The commissioner shall adopt rules

necessary to administer this subchapter.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 3, eff. April 1,

2005.