80(R) HB 2251 - Enrolled version

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�	H.B.�No.�2251

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�	AN ACT
�	relating to advertising by certain insurers.
�	��BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
�	��SECTION�1.��Chapter 541, Insurance Code, is amended by
�	adding Subchapter B-1 to read as follows:
�	SUBCHAPTER B-1. ADVERTISING REQUIREMENTS
�	��Sec.�541.082.��ADVERTISING AND INTERNET WEBSITES. �(a) �In
�	this section, "insurer" includes:
�	��(1)��a life insurance company;
�	��(2)��a health insurance company;
�	��(3)��an accident insurance company;
�	��(4)��a general casualty company;
�	��(5)��a mutual life insurance company or other mutual
�	insurance company;
�	��(6)��a mutual or natural premium life insurance
�	company;
�	��(7)��a Lloyd's plan;
�	��(8)��a county mutual insurance company;
�	��(9)��a farm mutual insurance company;
�	��(10)��a reciprocal or interinsurance exchange;
�	��(11)��a fraternal benefit society;
�	��(12)��a local mutual aid association;
�	��(13)��a health maintenance organization;
�	��(14)��a group hospital service corporation; or
�	��(15)��a multiple employer welfare arrangement that
�	holds a certificate of coverage under Chapter 846.
�	��(b)��A web page of an insurer's Internet website must include
�	all appropriate disclosures and information required by applicable
�	rules adopted by the commissioner relating to advertising only if
�	the web page:
�	��(1)��describes specific policies or coverage available
�	in this state; or
�	��(2)��includes an opportunity for an individual to apply
�	for coverage or obtain a quote from an insurer for an insurance
�	policy or certificate or an evidence of coverage.
�	��(c)��As may be permitted by commissioner rule, an insurer may
�	comply with Subsection (b) by including a link to a web page that
�	includes the information necessary to comply with the applicable
�	rules relating to advertising. The link must be prominently placed
�	on the insurer's web page.
�	��(d)��Web pages of an Internet website that do not refer to a
�	specific insurance policy, certificate of coverage, or evidence of
�	coverage or that do not provide an opportunity for an individual to
�	apply for coverage or request a quote from an insurer are considered
�	to be institutional advertisements subject to rules adopted by the
�	commissioner relating to advertising.
�	��(e)��Web pages or navigation aids within an insurer's
�	Internet website that provide a link to a web page described by
�	Subsection (b) but that do not otherwise contain content described
�	in Subsection (b) are considered to be institutional advertisements
�	subject to rules adopted by the commissioner relating to
�	advertising.
�	��Sec.�541.083.��ADVERTISEMENTS TO CERTAIN ASSOCIATIONS. An
�	insurer may advertise to the general public policies or coverage
�	available only to members of an association described by Section
�	1251.052.
�	��Sec.�541.084.��ADVERTISEMENTS RELATING TO MEDICARE PROGRAM.
�	A person may not use an advertisement for an insurance product
�	relating to Medicare coverage unless the advertisement includes in
�	a prominent place the following language or similar language: "Not
�	connected with or endorsed by the United States government or the
�	federal Medicare program."
�	��Sec.�541.085.��ADVERTISEMENTS RELATING TO PREFERRED
�	PROVIDER BENEFIT PLANS. It is sufficient for an insurer to use the
�	term "PPO plan" in advertisements when referring to a preferred
�	provider benefit plan offered under Chapter 1301.
�	��Sec.�541.086.��ADVERTISING REGARDING GUARANTEED RENEWABLE
�	COVERAGE. (a) An advertisement for a guaranteed renewable accident
�	and health insurance policy must include, in a prominent place, a
�	statement indicating that rates for the policy may change if the
�	advertisement suggests or implies that rates for the product will
�	not change.
�	��(b)��If an advertisement is required to include the statement
�	described by Subsection (a), the statement must generally identify
�	the manner in which rates may change, such as by age, by health
�	status, by class, or through application of other general criteria.
�	��Sec.�541.087.��ADVERTISEMENTS EXEMPT FROM FILING
�	REQUIREMENTS. An advertisement subject to requirements regarding
�	filing of the advertisement with the department for department
�	review under this code or commissioner rule and that is the same as
�	or substantially similar to an advertisement previously reviewed
�	and accepted by the department is not required to be filed for
�	department review.
�	��SECTION�2.��Section 541.052(b), Insurance Code, is amended
�	to read as follows:
�	��(b)��This section applies to an advertisement, announcement,
�	or statement made, published, disseminated, circulated, or placed
�	before the public:
�	��(1)��in a newspaper, magazine, or other publication;
�	��(2)��in a notice, circular, pamphlet, letter, or
�	poster;
�	��(3)��over a radio or television station; [or]
�	��(4)��through the Internet; or
�	��(5)��in any other manner.
�	��SECTION�3.��Section 1652.156(c), Insurance Code, is amended
�	to read as follows:
�	��(c)��An entity may not use an advertisement for Medicare
�	supplement benefit plans that does not comply with state law,
�	including department rules and Section 541.084.
�	��SECTION�4.��This Act takes effect September 1, 2007.
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�	______________________________	______________________________
�	��President of the Senate	Speaker of the House��
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�	��I certify that H.B. No. 2251 was passed by the House on April
�	27, 2007, by the following vote:��Yeas 133, Nays 0, 2 present, not
�	voting; and that the House concurred in Senate amendments to H.B.
�	No. 2251 on May 17, 2007, by the following vote:��Yeas 145, Nays 0,
�	1 present, not voting.
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�	______________________________
�	Chief Clerk of the House��
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�	��I certify that H.B. No. 2251 was passed by the Senate, with
�	amendments, on May 15, 2007, by the following vote:��Yeas 31, Nays
�	0.
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�	______________________________
�	Secretary of the Senate��
�	APPROVED: __________________
�	��Date��
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�	�� __________________
�	��Governor��