CHAPTER 1370. CERTAIN TESTS FOR DETECTION OF HUMAN PAPILLOMAVIRUS AND CERVICAL CANCER

INSURANCE CODE

TITLE 8. HEALTH INSURANCE AND OTHER HEALTH COVERAGES

SUBTITLE E. BENEFITS PAYABLE UNDER HEALTH COVERAGES

CHAPTER 1370. CERTAIN TESTS FOR DETECTION OF HUMAN PAPILLOMAVIRUS

AND CERVICAL CANCER

Sec. 1370.001. APPLICABILITY OF CHAPTER. (a) This chapter

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, an individual or group evidence

of coverage, or a 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 health maintenance organization operating under Chapter

843;

(6) a reciprocal exchange operating under Chapter 942;

(7) a Lloyd's plan operating under Chapter 941;

(8) an approved nonprofit health corporation that holds a

certificate of authority under Chapter 844; or

(9) a multiple employer welfare arrangement that holds a

certificate of authority under Chapter 846.

(b) This chapter applies to a small employer health benefit plan

written under Chapter 1501.

Added by Acts 2005, 79th Leg., Ch.

577, Sec. 1, eff. September 1, 2005.

Sec. 1370.002. EXCEPTION. This chapter does not apply to:

(1) a plan that provides coverage:

(A) only for benefits for a specified disease or for another

limited benefit, other than a plan that provides benefits for

cancer treatment or similar services;

(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) only for dental or vision care; or

(F) 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 an

automobile insurance policy;

(5) a credit insurance policy;

(6) a limited benefit policy that does not provide coverage for

physical examinations or wellness exams; or

(7) 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 1370.001.

Added by Acts 2005, 79th Leg., Ch.

577, Sec. 1, eff. September 1, 2005.

Sec. 1370.003. COVERAGE REQUIRED. (a) A health benefit plan

that provides coverage for diagnostic medical procedures must

provide to each woman 18 years of age or older enrolled in the

plan coverage for expenses for an annual medically recognized

diagnostic examination for the early detection of cervical

cancer.

(b) Coverage required under this section includes at a minimum a

conventional Pap smear screening or a screening using

liquid-based cytology methods, as approved by the United States

Food and Drug Administration, alone or in combination with a test

approved by the United States Food and Drug Administration for

the detection of the human papillomavirus.

(c) A screening test required under this section must be

performed in accordance with the guidelines adopted by:

(1) the American College of Obstetricians and Gynecologists; or

(2) another similar national organization of medical

professionals recognized by the commissioner.

Added by Acts 2005, 79th Leg., Ch.

577, Sec. 1, eff. September 1, 2005.

Sec. 1370.004. NOTICE OF COVERAGE. (a) A health benefit plan

issuer shall provide to each woman 18 years of age or older

enrolled in the plan written notice of the coverage required

under this chapter.

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

by the commissioner.

Added by Acts 2005, 79th Leg., Ch.

577, Sec. 1, eff. September 1, 2005.