CHAPTER 1366. BENEFITS RELATED TO FERTILITY AND CHILDBIRTH

INSURANCE CODE

TITLE 8. HEALTH INSURANCE AND OTHER HEALTH COVERAGES

SUBTITLE E. BENEFITS PAYABLE UNDER HEALTH COVERAGES

CHAPTER 1366. BENEFITS RELATED TO FERTILITY AND CHILDBIRTH

SUBCHAPTER A. COVERAGE FOR IN VITRO FERTILIZATION PROCEDURES

Sec. 1366.001. APPLICABILITY OF SUBCHAPTER. This subchapter

applies only to a group health benefit plan that provides

benefits for hospital, medical, or surgical expenses incurred as

a result of accident or sickness, including a group health

insurance policy, health care service contract or plan, or other

provision of group health benefits, coverage, or services in this

state that is issued, entered into, or provided by:

(1) an insurer;

(2) a group hospital service corporation operating under Chapter

842;

(3) a health maintenance organization operating under Chapter

843; or

(4) an employer, multiple employer, union, association, trustee,

or other self-funded or self-insured welfare or benefit plan,

program, or arrangement.

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

2005.

Sec. 1366.002. EXCEPTION. This subchapter does not apply to:

(1) a credit accident and health insurance policy subject to

Chapter 1153;

(2) any group specifically provided for or authorized by law in

existence and covered under a policy filed with the State Board

of Insurance before April 1, 1975;

(3) accident and health coverages that are incidental to any

form of a group automobile, casualty, property, workers'

compensation, or employers' liability policy approved by the

commissioner; or

(4) any policy or contract of insurance with a state agency,

department, or board providing health services:

(A) to eligible individuals under Chapter 32, Human Resources

Code; or

(B) under a state plan adopted in accordance with 42 U.S.C.

Sections 1396-1396g, as amended, or 42 U.S.C. Section 1397aa et

seq., as amended.

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

2005.

Sec. 1366.003. OFFER OF COVERAGE REQUIRED. (a) Subject to this

subchapter, an issuer of a group health benefit plan that

provides pregnancy-related benefits for individuals covered under

the plan shall offer and make available to each holder or sponsor

of the plan coverage for services and benefits on an expense

incurred, service, or prepaid basis for outpatient expenses that

arise from in vitro fertilization procedures.

(b) Benefits for in vitro fertilization procedures required

under this section must be provided to the same extent as

benefits provided for other pregnancy-related procedures under

the plan.

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

2005.

Sec. 1366.004. REJECTION OF OFFER. A rejection of an offer

under Section 1366.003 to provide coverage for in vitro

fertilization procedures must be in writing.

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

2005.

Sec. 1366.005. CONDITIONS APPLICABLE TO COVERAGE. The coverage

offered under Section 1366.003 is required only if:

(1) the patient for the in vitro fertilization procedure is an

individual covered under the group health benefit plan;

(2) the fertilization or attempted fertilization of the

patient's oocytes is made only with the sperm of the patient's

spouse;

(3) the patient and the patient's spouse have a history of

infertility of at least five continuous years' duration or the

infertility is associated with:

(A) endometriosis;

(B) exposure in utero to diethylstilbestrol (DES);

(C) blockage of or surgical removal of one or both fallopian

tubes; or

(D) oligospermia;

(4) the patient has been unable to attain a successful pregnancy

through any less costly applicable infertility treatments for

which coverage is available under the group health benefit plan;

and

(5) the in vitro fertilization procedures are performed at a

medical facility that conforms to the minimal standards for

programs of in vitro fertilization adopted by the American

Society for Reproductive Medicine.

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

2005.

Sec. 1366.006. CERTAIN ISSUERS OF HEALTH BENEFIT PLANS NOT

REQUIRED TO OFFER COVERAGE. An insurer, health maintenance

organization, or self-insuring employer that is owned by or that

is part of an entity, group, or order that is directly affiliated

with a bona fide religious denomination that includes as an

integral part of its beliefs and practices that in vitro

fertilization is contrary to moral principles that the religious

denomination considers to be an essential part of its beliefs is

not required to offer coverage for in vitro fertilization under

Section 1366.003.

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

2005.

Sec. 1366.007. RULES. The commissioner may adopt rules

necessary to administer this subchapter. A rule adopted under

this section is subject to notice and hearing as provided by

Section 1201.007 for a rule adopted under Chapter 1201.

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

2005.

SUBCHAPTER B. MINIMUM INPATIENT STAY FOLLOWING BIRTH OF CHILD AND

POSTDELIVERY CARE

Sec. 1366.051. SHORT TITLE. This subchapter may be cited as the

Lee Alexandria Hanley Act.

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

2005.

Sec. 1366.052. DEFINITIONS. In this subchapter:

(1) "Attending physician" means an obstetrician, pediatrician,

or other physician who attends a woman who has given birth to a

child or who attends a newborn child.

(2) "Postdelivery care" means postpartum health care services

provided in accordance with accepted maternal and neonatal

physical assessments. The term includes parent education,

assistance and training in breast-feeding and bottle-feeding, and

the performance of any necessary and appropriate clinical tests.

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

2005.

Sec. 1366.053. 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;

(ii) an entity not authorized under this code or another

insurance law of this state that contracts directly for health

care services on a risk-sharing basis, including a capitation

basis; or

(iii) another analogous benefit arrangement; or

(2) is offered by 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. 1366.054. EXCEPTION. This subchapter does not apply to:

(1) a plan that provides coverage:

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

(B) only for accidental death or dismemberment;

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

(E) for credit insurance;

(F) only for dental or vision care; or

(G) only for indemnity for hospital confinement;

(2) a Medicare supplemental policy as defined by Section

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

(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 1366.053.

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

2005.

Sec. 1366.055. COVERAGE FOR INPATIENT CARE REQUIRED. (a)

Except as provided by Subsection (b), a health benefit plan that

provides maternity benefits, including benefits for childbirth,

must provide to a woman who has given birth to a child and the

newborn child coverage for inpatient care in a health care

facility for not less than:

(1) 48 hours after an uncomplicated vaginal delivery; and

(2) 96 hours after an uncomplicated delivery by cesarean

section.

(b) A health benefit plan that provides to a woman who has given

birth to a child and the newborn child coverage for in-home

postdelivery care is not required to provide the coverage

required under Subsection (a) unless:

(1) the attending physician determines that inpatient care is

medically necessary; or

(2) the woman requests inpatient care.

(c) For purposes of Subsection (a), the attending physician

shall determine whether a delivery is complicated.

(d) This section does not require a woman who is eligible for

coverage under a health benefit plan to:

(1) give birth to a child in a hospital or other health care

facility; or

(2) remain under inpatient care in a hospital or other health

care facility for any fixed term following the birth of a child.

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

2005.

Sec. 1366.056. COVERAGE FOR POSTDELIVERY CARE REQUIRED. (a) If

a decision is made to discharge a woman who has given birth to a

child or the newborn child from inpatient care before the

expiration of the minimum hours of coverage required under

Section 1366.055(a), a health benefit plan must provide to the

woman and child coverage for timely postdelivery care.

(b) The timeliness of the postdelivery care shall be determined

in accordance with recognized medical standards for that care.

(c) The postdelivery care may be provided by a physician,

registered nurse, or other appropriate licensed health care

provider.

(d) Subject to Subsection (e), the postdelivery care may be

provided at:

(1) the woman's home;

(2) a health care provider's office;

(3) a health care facility; or

(4) another location determined to be appropriate under rules

adopted by the commissioner.

(e) The coverage required under this section must give the woman

the option to have the care provided in the woman's home.

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

2005.

Sec. 1366.057. PROHIBITED CONDUCT. An issuer of a health

benefit plan may not:

(1) modify the terms and conditions of coverage based on a

request by an enrollee for less than the minimum coverage

required under Section 1366.055(a);

(2) offer to a woman who has given birth to a child a financial

incentive or other compensation the receipt of which is

contingent on the waiver by the woman of the minimum coverage

required under Section 1366.055(a);

(3) refuse to accept a physician's recommendation for inpatient

care made in consultation with the woman who has given birth to a

child if the period of inpatient care recommended by the

physician does not exceed the minimum periods recommended in

guidelines for perinatal care developed by:

(A) the American College of Obstetricians and Gynecologists;

(B) the American Academy of Pediatrics; or

(C) another nationally recognized professional association of

obstetricians and gynecologists or of pediatricians;

(4) reduce payments or other forms of reimbursement for

inpatient care below the usual and customary rate of

reimbursement for that care; or

(5) penalize a physician for recommending inpatient care for a

woman or the woman's newborn child by:

(A) refusing to permit the physician to participate as a

provider in the health benefit plan;

(B) reducing payments made to the physician;

(C) requiring the physician to:

(i) provide additional documentation; or

(ii) undergo additional utilization review; or

(D) imposing other analogous sanctions or disincentives.

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

2005.

Sec. 1366.058. NOTICE OF COVERAGE. (a) An issuer of a health

benefit plan shall provide to each individual enrolled in the

plan 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. 1366.059. 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.