2005 Texas Insurance Code CHAPTER 1502. HEALTH BENEFIT PLANS FOR CHILDREN

INSURANCE CODE

CHAPTER 1502. HEALTH BENEFIT PLANS FOR CHILDREN

SUBCHAPTER A. GENERAL PROVISIONS


	§ 1502.001. APPLICABILITY OF CHAPTER.  This chapter 
applies only to the issuer of 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 another analogous benefit 
arrangement;  or
				(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
		(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, § 3, eff. April 1, 2005.          


	§ 1502.0011. EXCEPTION.  This chapter does not apply to a 
health benefit plan provided under the state Medicaid program or 
the state child health plan.

Added by Acts 2005, 79th Leg., ch. 728, § 11.061(a), eff. Sept. 
1, 2005. 


	§ 1502.002. RULES.  The commissioner may adopt rules to 
implement this chapter.

Added by Acts 2003, 78th Leg., ch. 1274, § 3, eff. April 1, 2005.          

SUBCHAPTER B. CHILDREN'S HEALTH BENEFIT PLAN


	§ 1502.051. CHILDREN'S HEALTH BENEFIT PLAN.  A health 
benefit plan issuer may offer a children's health benefit plan that 
provides coverage only to children younger than 18 years of age.  
The issuer may offer the plan only if the commissioner approves the 
plan's structure and the benefits offered under the plan.

Added by Acts 2003, 78th Leg., ch. 1274, § 3, eff. April 1, 2005.          


	§ 1502.052. MANDATED BENEFIT PROVISIONS INAPPLICABLE.  A 
children's health benefit plan is not subject to any law that 
requires coverage or the offer of coverage of a health care service 
or benefit.

Added by Acts 2003, 78th Leg., ch. 1274, § 3, eff. April 1, 2005.          


	§ 1502.053. EXEMPTION FROM CERTAIN TAXES.  The issuer of 
a children's health benefit plan approved under Section 1502.051 is 
not subject to the premium tax or the tax on revenues imposed under 
Chapter 222 with respect to money received for coverage provided 
under that plan.

Added by Acts 2003, 78th Leg., ch. 1274, § 3, eff. April 1, 2005.  
Amended by Acts 2005, 79th Leg., ch. 728, § 11.062(a), eff. Sept. 
1, 2005.