1. (a) A health benefit plan issuer may not use an underwriting guideline that is based on:

   1. (1) the ability of an insured or enrollee or an applicant for insurance coverage or health care benefits to speak English fluently; or
   2. (2) the literacy in English of the insured, enrollee, or applicant.
2. (b) An applicant has the burden of proof to establish a violation of this subchapter.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 2, eff. April 1, 2005.