Bill barring health plan coverage of conversion therapy

The text as introduced · 685 words

89R4135 SCF-D

By: Meza
H.B. No. 2784

A BILL TO BE ENTITLED

AN ACT

relating to health benefit plan coverage for conversion therapy.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle E, Title 8, Insurance Code, is amended

by adding Chapter 1381 to read as follows:

CHAPTER 1381. PROHIBITION ON COVERAGE OF CONVERSION THERAPY

Sec. 1381.001. DEFINITIONS. In this chapter:

(1) "Conversion therapy" means a practice or treatment

provided to a person by a health care provider or nonprofit

organization that seeks to:

(A) change the person's sexual orientation,

including by attempting to change the person's behavior or gender

identity or expression; or

(B) eliminate or reduce the person's sexual or

romantic attractions or feelings toward individuals of the same

sex.

(2) "Gender identity or expression" means a person's

having, or being perceived as having, a gender-related identity,

appearance, expression, or behavior, whether or not that identity,

appearance, expression, or behavior is different from that commonly

associated with the person's assigned sex at birth.

(3) "Sexual orientation" means the actual or perceived

status of a person with respect to the person's sexuality.

Sec. 1381.002. 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, 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 health maintenance organization operating under

Chapter 843;

(4) an approved nonprofit health corporation that

holds a certificate of authority under Chapter 844;

(5) a multiple employer welfare arrangement that holds

a certificate of authority under Chapter 846;

(6) a stipulated premium company operating under

Chapter 884;

(7) a fraternal benefit society operating under

Chapter 885;

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

(9) an exchange operating under Chapter 942.

(b) Notwithstanding any other law, this chapter applies to:

(1) a small employer health benefit plan subject to

Chapter 1501, including coverage provided through a health group

cooperative under Subchapter B of that chapter;

(2) a standard health benefit plan issued under

Chapter 1507;

(3) a basic coverage plan under Chapter 1551;

(4) a basic plan under Chapter 1575;

(5) a primary care coverage plan under Chapter 1579;

(6) a plan providing basic coverage under Chapter

1601;

(7) health benefits provided by or through a church

benefits board under Subchapter I, Chapter 22, Business

Organizations Code;

(8) the state Medicaid program, including the Medicaid

managed care program operated under Chapter 540, Government Code;

(9) the child health plan program under Chapter 62,

Health and Safety Code;

(10) a regional or local health care program operated

under Section 75.104, Health and Safety Code;

(11) a self-funded health benefit plan sponsored by a

professional employer organization under Chapter 91, Labor Code;

(12) county employee group health benefits provided

under Chapter 157, Local Government Code; and

(13) health and accident coverage provided by a risk

pool created under Chapter 172, Local Government Code.

Sec. 1381.003. PROHIBITED COVERAGE. A health benefit plan

issuer may not provide coverage for conversion therapy.

SECTION 2. If before implementing any provision of this Act

a state agency determines that a waiver or authorization from a

federal agency is necessary for implementation of that provision,

the agency affected by the provision shall request the waiver or

authorization and may delay implementing that provision until the

waiver or authorization is granted.

SECTION 3. The change in law made by this Act applies only

to a health benefit plan that is delivered, issued for delivery, or

renewed on or after January 1, 2026. A health benefit plan that is

delivered, issued for delivery, or renewed before January 1, 2026,

is governed by the law as it existed immediately before the

effective date of this Act, and that law is continued in effect for

that purpose.

SECTION 4. This Act takes effect September 1, 2025.